Law firms including Baker & Hostetler, Seyfarth Shaw, and Shook, Hardy & Bacon have been dealing with a surge in disability suits related to website accessibility, a situation necessitated by a perceived regulatory vacuum. Critics have frequently urged the Department of Justice to enforce technical standards, facilitating website usage for visually impaired individuals who rely…
As the world continues to march forwards in the era of Artificial Intelligence (AI), fresh guidance has been issued by federal workplace officials clarifying the responsibilities of employers in relation to workers and applicants with vision impairments. This update signifies yet another adjustment to current legal guidelines in light of rapidly evolving AI technology. The…
The legal counsel representing students and their families in a class-action lawsuit against the Fairfax County schools and the Virginia Department of Education (DOE) are gearing up to appeal a district court’s dismissal. The dismissal is based on a new precedent set by the U.S. Supreme Court. Concurrently, these representatives are calling for an investigation…
The U.S. Department of Justice (DOJ) has issued a Notice of Proposed Rulemaking (NPRM), seeking to enhance the accessibility of state and local government websites to individuals with disabilities — a move that has implications beyond governmental spheres. Headquartered in Washington, D.C., the DOJ is amongst those few federal agencies that hold wide-ranging responsibilities for…
The state of New York has recently adopted new regulations targeting the prohibition of corporal punishment, aversive interventions, prone restraint, and seclusion. By implementing these new laws and regulations, it’s clear that the state is striving to establish sound principles for the physical interaction with students with disabilities within educational systems. Corporal punishment has been…
In recent developments, the Department of Justice (DOJ) has issued proposed regulations for website accessibility. These proposed rules are specifically aimed at state and local governments and are set under the umbrella of the Americans with Disabilities Act (ADA) Title II. The interpretation and execution of these regulations will undoubtedly be of interest to legal…
The Americans with Disabilities Act (ADA)’s application in terms of visually impaired individuals in employment settings is the focus of a recent technical assistance document (TAD) issued by the Equal Employment Opportunity Commission (EEOC). Notably, this document elucidates how ADA should be applied when encountered with situations involving job applicants or employees with visual disabilities….
In a post-pandemic development, recent legislation—the House Bill 4545—prompted school districts to devise protective measures against learning loss for students, including those with disabilities, by incorporating accelerated instruction. The legislation initially led to a scramble among school districts to understand the potential implications fully and adapt accordingly. At the time, it was reasonably expected that…
The Supreme Court of the United States (SCOTUS) is currently considering a dismissal bid that has far-reaching implications for the Americans with Disabilities Act (ADA). At the center of this development is a potential attempt to preserve the status quo, labeled by critics as the ADA ‘gravy train’. Critical to this unfolding situation is Tester,…
Deep-pocketed defendants facing compliance violation charges, such as under the Americans with Disabilities Act (ADA), can provide significant opportunities for lawyers. However, some choose paths far less ethical and considerably more illegal, such as submitting false ADA complaints. Take, for example, the unfortunate case of Florida lawyer Stuart Finkelstein. Finkelstein caught attention recently with serial…
In a recent development within the scope of employment law, another federal appeals court has made a ruling reinforcing that employers are obliged to accommodate an employee’s commute in certain circumstances. Based on the tenets of the Americans with Disabilities Act, this mandate reiterates the act’s requirement for employers to provide reasonable accommodations which assist…
In a recent case that has sent ripples across the legal fraternity, U.S. District Judge Paul Gardephe of the Southern District of New York sentenced an attorney to four years in prison for filing fake lawsuits under the Americans with Disabilities Act, terming it a severe abuse of the justice system. This decision significantly underscores…