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The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities Act (ADA). Acheson Hotels, LLC v. Laufer, No. 22-429. However, the Court declined to address the merits of whether the tester had a sufficient…

 The Equal Employment Opportunity Commission (EEOC) issued new technical assistance, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” addressing how the Americans with Disabilities Act (ADA) applies to job applicants and employees with hearing disabilities. The series of questions and answers and example workplace scenarios involving individuals with hearing impairments…

One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a disability. The U.S. Court of Appeals for the Eleventh Circuit addressed that question for the first time in Owens v. …

Gender dysphoria is not excluded from the broad definition of “disability” protected under the Americans with Disabilities Act (ADA), a divided panel of the U.S. Court of Appeals for the Fourth Circuit has held. Williams v. Kincaid, No. 21-2030 (4th Cir. Aug. 16, 2022). The court’s ruling likewise applies to the analogous Rehabilitation Act. …

On June 2, 2022, the Second Circuit issued a decision in Calcano, et al. v. Swarovski North America Ltd., et al., affirming dismissal of five consolidated cases brought by visually impaired plaintiffs who alleged various retail defendants must provide braille gift cards under the Americans with Disabilities Act (ADA).  The five lawsuits consolidated on…

For decades, employers have used technology to help decision-making, from hiring to performance bonuses. While seemingly taking human biases out of the equation, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have voiced concerns over potential disability discrimination from the use of technology.

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San Francisco City and County District Attorney Chesa Boudin and Los Angeles County District Attorney George Gascón have filed a lawsuit in the California Superior Court in San Francisco accusing the Potter Handy LLP law firm of filing thousands of “boilerplate, cut-and-paste federal-court lawsuits that falsely assert its clients have standing under the Americans with…

On standing to sue under Title III of the Americans with Disabilities Act (ADA), two U.S. Circuit Courts have arrived at opposite conclusions where the plaintiffs did not allege any concrete injury and said they had no intention of visiting the hotels whose websites were the subject of their accessibility lawsuits. The courts based their…