Law and the Workplace

Tag Archives: accessibility

EEOC Issues Publication on Rights of Applicants and Employees with Mental Health Conditions Under the Americans with Disabilities Act

By Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation
EEOC sealThe EEOC has issued a new publication titled “Depression, PTSD & Other Mental Health Conditions in the Workplace: Your Legal Rights” aimed at informing applicants and employees with mental health conditions of their employment rights under the Americans with Disabilities Act (“ADA”). The publication presents a series of questions and answers regarding applicants’ and employees’ … Continue Reading

California Court Rules That Retailer Must Make Its Website Accessible For Users With Visual Disabilities Under the ADA

By Allan Weitzman and Laura Fant on Posted in Accessibility & Accommodation
Man using smartphoneIn a significant decision for all businesses that maintain an online presence, a California court recently ruled that a luggage retailer violated the Americans with Disabilities Act (“ADA”) and California state law by failing to make its website accessible to a blind customer. This summary judgment decision is noteworthy because in addition to holding that … Continue Reading

Proposed Web Accessibility Regulations for Public Accommodations Delayed Yet Again

By Allan Weitzman and Laura Fant on Posted in Accessibility & Accommodation
The U.S. Department of Justice (DOJ) has once again pushed back the anticipated issue date for proposed regulations governing accessibility of online content for places of public accommodation governed by Title III of the Americans with Disabilities Act. According to the recently released Spring 2015 Unified Agenda, the proposed regulations, which had last been slated … Continue Reading

The Top 10 Trends in New Jersey Employment Law in 2014

By John Barry, Joseph O’Keefe, Matthew Engel and Daniel Saperstein on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Wage and Hour, Workplace Policies and Procedures
2014 was another busy year for developments in New Jersey employment law, including in ten key areas—whistleblowing, pre-employment inquiries/background checks, amendments to the Law Against Discrimination (“LAD”), LAD litigation, wage and hour, the Family Medical Leave Act, sick leave, states of emergency, arbitration, and “unemployment discrimination.”  Read our Top 10 newsletter to learn more about … Continue Reading

Accessible Technology

By Katharine Parker on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
As most of our readers know, companies that are federal contractors and subcontractors are subject to new rules (which became effective on March 24, 2014) with respect to individuals with disabilities.   The new rules amended 41 CFR part 60-741, the nondiscrimination and affirmative action provisions of section 503  of the Rehabilitation Act and expanded the obligations … 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

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation
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

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation
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

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation
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

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation
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

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

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation
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

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
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

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation
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

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation
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

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

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
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

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

By Allan Weitzman, Carolyn Doppelt Gray and Joshua Stein on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
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
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