For employers, 2021 was a challenging year. The post-election landscape, evolving federal and state law, and the effects of a seemingly endless global pandemic created a difficult business climate. Efforts to contain the spread of COVID-19 were met with stiff resistance — legal and otherwise; still, employers persist in earnest to maintain their operations safely
ADA Does Not Require Websites Be Accessible, Appeals Court Holds
By Lisa A. Milam on
A website is not a “place of public accommodation” within the meaning of Title III of the Americans with Disabilities Act (ADA), a federal appeals court has held in a groundbreaking decision on disability discrimination. And an inaccessible website is not necessarily equal to the denial of goods or services. Gil v. Winn-Dixie Stores, Inc.…
Class Action Suit Claims ADA Requires Public Accommodation to Prevent Spread of COVID-19 at Facility
By Joseph J. Lynett on
Posted in ADA, Title III Accommodations Claims
Despite significant legal obstacles, on May 4, 2020, a group of plaintiffs filed a class action complaint alleging the Queens Adult Care Center (QACC) violated Title III of the Americans with Disabilities Act (Title III) and its precursor, Section 504 of Rehabilitation Act (Section 504), by failing to provide a level of care to safeguard…
In Wave of Opinions, Court Rejects ADA Requirement for Braille Gift Cards
Posted in ADA
On Friday, April 23, 2020, Judge Gregory Woods of the Southern District of New York issued a first of its kind decision rejecting the argument that ADA Title III requires business that offer gift cards to also offer them in Braille. Dominguez v. Banana Republic, LLC, 1:19-cv-10171-GHW (S.D.N.Y. April 23, 2020). The decision is…
Jackson Lewis Class Action Trends Report Spring 2018 Now Available
Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report. This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer. We hope you will find this issue to be informative and insightful. Using our considerable experience in defending…
Title III Accessibility Class Actions Target Retail, Food and Hospitality Industries
Posted on
Many retail, restaurant and hospitality employers are looking to technology to improve the guest experience and their bottom line. Among other things, these employers are installing self-serve touchscreen kiosks and touchscreen ordering and purchasing systems. As the e-menu trend, and touchscreens in general, find their way into stores and restaurants, entities must consider whether this…