Law and the Workplace
Joshua Stein

Joshua Stein

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Update: It’s Time For A Close Up: DOJ Announces Proposed Rule That Would Require Movie Theaters to Provide Closed Captioning and Audio Description

The Attorney General recently announced that the deadline for providing public comment on the aforementioned NPRM regarding captioning and audio description in movie theaters has been extended for an additional sixty days from September 30, 2014 to December 1, 2014.  The extension was granted based upon a public request citing the number and complexity of … Continue Reading

Update: It’s Time For A Close Up: DOJ Announces Proposed Rule That Would Require Movie Theaters to Provide Closed Captioning and Audio Description

Starting today, August 1, 2014, and until September 30, 2014, DOJ is seeking public comment on a number of issues related to the aforementioned NPRM regarding captioning and audio description in movies theaters.  This includes the issue mentioned above regarding whether closed captioning and audio description requirements should also apply to theaters showing movies in … Continue Reading

It’s Time For A Close Up: DOJ Announces Proposed Rule That Would Require Movie Theaters to Provide Closed Captioning and Audio Description

On July 25, 2014, the U.S. Department of Justice (“DOJ”) announced the impending publication of a Notice of Proposed Rulemaking (“NPRM”) covering closed captioning and audio description requirements for movie theaters.  This NPRM seeks to create a consistent nationwide standard for theaters to exhibit movies that are available with closed captioning and audio description at … Continue Reading

eBay and National Federation of the Blind Pair Up for Web Accessibility Initiative

Online marketplace eBay and the National Federation of the Blind (NFB) recently announced a partnership aimed to enhance the accessibility of eBay’s website and mobile applications.  This “Web 2.0 Sustainable Accessibility Partnership Agreement” aims to provide individuals with visual impairments increased access to the goods and services available on eBay by optimizing the use of … Continue Reading

California District Court Holds Redbox Not Required to Offer Captioning On Its Website, Affirming Ninth Circuit Position that Entities that Purely Exist in Cyber-Space Are Not Places of Public Accommodation Under the ADA

Yet another district court in the Ninth Circuit has affirmed the position that websites with no nexus to traditional brick and mortar places of public accommodation are not in and of themselves places of public accommodation under Title III of the Americans with Disabilities Act (ADA), while also underscoring that Title III does not require … Continue Reading

The Wait Continues for the Release of the DOJ Website Accessibility Regulations

For those eagerly anticipating word from the U.S. Department of Justice (DOJ) on the proposed regulations governing website accessibility requirements and technical standards for the websites of both places of public accommodation and state and local governments, the wait continues.  According to a recently released Unified Agenda, the proposed public accommodation website regulations, which were … Continue Reading

EEOC Publishes Advisory Letter On Use of Forms In the ADA Interactive Process

Employers seeking to adopt standardized forms relating to the ADA’s interactive process need to familiarize themselves with a recently published EEOC advisory letter commenting on a sample policy, request for accommodation questionnaire, and health care provider questionnaire. While the advisory letter does not provide the exact policy and forms in question, the materials did provide … Continue Reading

Recent SDNY Rulings Provide Insight into the Value of Voluntary Title III Settlement Agreements with Governmental Agencies Against Future Claims

When considering whether to enter into a voluntary settlement agreement with a governmental agency regarding the accessibility a place of public accommodation, clients often ask how much protection is gained against potential future claims brought against the same location by other parties.  A recent series of rulings in a litigation brought under Title III of … Continue Reading

U.S. Department of Justice Increases Civil Penalties For Violations of Title III of the ADA

On March 28, 2014, the U.S. Department of Justice (“DOJ”) issued a Final Rule increasing the amount of civil penalties available for violations of Title III of the Americans with Disabilities Act (“ADA”).  The maximum civil penalty for a first violation of Title III increased from $55,000 to $75,000, with a new maximum for subsequent … Continue Reading

NY Court of Appeals Ruling Stresses the Need for Employers to Engage In and Document the Interactive Process

The New York Court of Appeals’ recent decision in Jacobsen v. N.Y.C. Health & Hosps. Corp., No. 34, 2014 N.Y. LEXIS 570 (Mar. 27, 2014), stresses the need for employers responding to requests for accommodation by employees with disabilities to engage in a thoughtful, individualized, interactive process that it also well documented.  Failure by the … Continue Reading

DOJ and National Federation of the Blind Enter Into Consent Decree with H&R Block to Require Website and Mobile Application Accessibility for Individuals with Disabilities

On March 6, 2014, the National Federation of the Blind and the United States Department of Justice (“DOJ”), as a plaintiff-intervenor, entered into a consent decree with HRB Digital LLC and HRB Tax Group, Inc. (collectively, “H&R Block” or “Defendants”) to remedy alleged violations of the Americans with Disabilities Act of 1990 (“ADA”), as asserted … Continue Reading

Broad Definition of “Disability” Endorsed By Fourth Circuit

In its recently published opinion in Summers v. Altarum Institute, Corp., No. 13-1645, decided January 23, 2014, the U.S. Court of Appeals for the Fourth Circuit became the first federal appellate court to hold that a sufficiently severe temporary impairment may constitute a disability under the Americans with Disabilities Act of 1990 by applying the … Continue Reading

DOJ Releases Updated Guidance on Effective Communication

This winter, the United States Department of Justice (“DOJ”) released a new technical assistance guidance (the “Guidance”) elaborating upon the Effective Communication obligations set forth in the regulations governing Titles II and III of the Americans with Disabilities Act and the accompanying 2010 Standards for Accessible Design. The Guidance is available for download from the … Continue Reading

DOJ Releases Updated Guidance on Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices

This winter, the United States Department of Justice (“DOJ”) released a new technical assistance guidance (the “Guidance”) regarding Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices (“OPDMD”), which elaborates upon the requirements set forth in the regulations governing Titles II (State and Local governments) and III (places of public accommodation) of the Americans with Disabilities … Continue Reading

Air Carrier Access Act: Department of Transportation Finalizes New Rules Governing Accessibility of Airline Web Sites and Kiosks

The United States Department of Transportation recently issued a series of final rules geared to improve air travel accessibility for individuals with disabilities as part of its continuing implementation of the Air Carrier Access Act of 1986, 49 U.S.C. 41705. This alert takes a close look at the rules, which go into effect on December … Continue Reading

Employer Must Prove Indefinite Leave Is Undue Hardship Under NYCHRL, Says New York’s Highest Court

The New York State Court of Appeals’ recent holding in Romanello v. Intesa Sanpaolo, 2013 N.Y. LEXIS 2755; 2013 Slip Op 6600 (N.Y. Oct. 10, 2013), now makes it more difficult for employers covered by the New York City Human Rights Law (Administrative Code of City of NY § 8-107[1][a]) (“NYCHRL”) to terminate employees who … Continue Reading

OFCCP Issues Long-Awaited VEVRAA and Section 503 Final Rules

On August 27, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) released long-awaited Final Rules that substantially impact federal contractor compliance obligations under the Vietnam Era Veterans’ Readjustment Assistance Act, as amended (“VEVRAA”) and Section 503 of the Rehabilitation Act of 1973, as amended (Section 503). VEVRAA and Section 503 Final Rules impose significant … Continue Reading
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