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.
Technology
Does the Workers’ Compensation Act Bar BIPA Claims? Illinois Supreme Court Will Weigh In
By Maya Atrakchi & Jason C. Gavejian on
The Illinois Supreme Court recently agreed to hear an appeal of an Appellate Court’s decision addressing whether an employee’s claim for damages under Illinois’s Biometric Information Protection Act (BIPA) is preempted by the exclusivity provisions of the Illinois Workers’ Compensation Act (IWCA).
Over the past few years. there has been a significant number of class…
Hacked Healthcare Provider Refuses to Pay Ransom, Attackers Target Psychotherapy Patients
By Joseph J. Lazzarotti & Lisa A. Milam on
From Finland — by way of our Jackson Lewis Workplace Privacy, Data Management, and Security Report blog — comes the story of a healthcare provider whose refusal to pay a ransom to cyberattackers resulted in a particularly disturbing compromise of customer data: the threat of public disclosure of patient psychotherapy records.
“This incident reveals a…
COVID-19 screening programs can spur biometric privacy class actions
As organizations aim to return to some type of normalcy, and help ensure a healthy and safe workplace, many have implemented COVID-19 screening programs that check for symptoms, and an employee’s recent travel and potential contact with the virus. Moreover, many states and localities across the nation are mandating or recommending the implementation of COVID-19…
CCPA Data Breach Class Action Litigation Begins
Posted in Privacy, Technology
As reported by Bloomberg Law, data breach class action litigation has begun under the California Consumer Privacy Act (CCPA). Filed in the Northern District of California, San Francisco Division, a putative class action lawsuit against Hanna Andersson, LLC and its ecommerce platform provider, Salesforce.com, alleges negligence and a failure to maintain reasonable safeguards, among other…
Illinois Continues to Increasingly Regulate AI in the Workplace
By Joseph J. Lazzarotti & Maya Atrakchi on
Posted in Technology
Illinois continues to adopt additional privacy and security legislation. The Prairie State is home to the Biometric Information Privacy Act, first of its kind legislation regulating the collection and possession of biometric information, and also the Personal Information Protection Act, considered one of the more expansive data breach notification laws in the nation. And now,…
Georgia Supreme Court May Weigh in on Standing in Data Breach Litigation
By Joseph J. Lazzarotti & Maya Atrakchi on
Posted in Class Actions, Technology
The Georgia Supreme Court may weigh in on the hot issue plaguing data breach class action litigation across the nation, must a data breach victim suffer actual financial loss to recover damages, or is the threat of future harm enough? On August 20, the Georgia Supreme Court heard arguments in a class action suit stemming…
Is Your Expert Analysis Protected by the Attorney-Client Privilege?
By Scott M. Pechaitis on
In this age of Big Data, expert analyses are critical to class and collective actions. Wage and hour lawsuits hinge on experts dueling over employee time and pay data. The EEOC’s Equal Pay and systemic discrimination initiatives are driven by statisticians’ analyses of employers’ robust payroll and applicant tracking system data. In many of these…