Joseph J. LynettBlog Posts
Federal Disability Discrimination Law Does Not Require Websites Be Accessible, Appeals Court HoldsA website is not a “place of public accommodation” and an inaccessible website is not necessarily equal to the denial of goods or services, a federal appeals court has held in a groundbreaking decision on disability discrimination under Title III of the Americans with Disabilities Act (ADA). Gil v. Winn-Dixie Stores, Inc., No. 17-13467 (11th Cir. Apr.... Continue ReadingApril 12, 2021 |
Bill Introduced In Congress to Create Website Accessibility StandardsLegislation was introduced in the House of Representatives to try to alleviate the lack of clarity concerning how companies are supposed to make websites accessible to vision impaired individuals. There is currently no law or regulations under the Americans with Disabilities Act (“ADA”) directly addressing technical or legal standards for website accessibility. The Online Accessibility... Continue ReadingNovember 10, 2020 |
Serial ADA Plaintiff Declared Vexatious Litigant in Federal Court in CaliforniaOn April 19, 2020, Judge James V. Selna of the United States District Court, Central District of California, granted a motion to declare pro se plaintiff Peter Strojnik, Sr. a vexatious litigant, requiring him to obtain the permission of the Court before filing any future accessibility lawsuits with the District Court. Federal courts by statute... Continue ReadingMay 13, 2020 |
Class Action Suit Claims ADA Requires Public Accommodation to Prevent Spread of COVID-19 at FacilityDespite significant legal obstacles, on May 4, 2020, a group of plaintiffs filed a class action complaint alleging the Queens Adult Care Center (QACC) violated Title III of the Americans with Disabilities Act (Title III) and its precursor, Section 504 of Rehabilitation Act (Section 504), by failing to provide a level of care to safeguard... Continue ReadingMay 12, 2020 |
Class Action Suit Claims ADA Requires Public Accommodation to Prevent Spread of COVID-19 at FacilityDespite significant legal obstacles, on May 4, 2020, a group of plaintiffs filed a class action complaint alleging the Queens Adult Care Center (QACC) violated Title III of the Americans with Disabilities Act (Title III) and its precursor, Section 504 of Rehabilitation Act (Section 504), by failing to provide a level of care to safeguard...… Continue ReadingMay 11, 2020 |
In Wave of Opinions, Court Rejects ADA Requirement for Braille Gift CardsOn Friday, April 23, 2020, Judge Gregory Woods of the Southern District of New York issued a first of its kind decision rejecting the argument that ADA Title III requires business that offer gift cards to also offer them in Braille. Dominguez v. Banana Republic, LLC, 1:19-cv-10171-GHW (S.D.N.Y. April 23, 2020). The decision is the...… Continue ReadingMay 1, 2020 |
In Wave of Opinions, Court Rejects ADA Requirement for Braille Gift CardsOn Friday, April 23, 2020, Judge Gregory Woods of the Southern District of New York issued a first of its kind decision rejecting the argument that ADA Title III requires business that offer gift cards to also offer them in Braille. Dominguez v. Banana Republic, LLC, 1:19-cv-10171-GHW (S.D.N.Y. April 23, 2020). The decision is the... Continue ReadingMay 1, 2020 |
The SCOTUS Decides Not To Grant Certiorari in Robles v. Domino’s PizzaThe much-anticipated decision from the U.S. Supreme Court (SCOTUS) on Domino’s Pizza’s Petition for Certiorari is in. On October 7, 2019, the SCOTUS denied review of a decision from the Ninth Circuit Federal Court of Appeals in Robles v. Domino’s Pizza. The Ninth Circuit in Robles held that (1) Title III of the ADA covers... Continue ReadingOctober 28, 2019 |
New York Revises Employment Protections for Domestic Violence Victims, Adds Accommodation ObligationsNew York has amended its Human Rights Law to expand protection from employment discrimination for victims of domestic violence. Signed by Governor Andrew Cuomo on August 20, 2019, the new law amends the New York State Human Rights Law with respect to victims of domestic violence. It also requires employers to provide reasonable accommodations. The new...… Continue Reading The post New York Revises Employment Protections for Domestic Violence Victims, Adds Accommodation Obligations appeared first on Disability, Leave & Health Management Blog.August 26, 2019 |
Federal Court Allows Class Action Website Disability Access Case to Proceed Against An EmployerWhile we continue to wait for guidance from the government on website accessibility standards, plaintiffs continue to challenge the accessibility of company websites. For years, individuals have brought lawsuits claiming that their access to goods and services is limited under Title III of the Americans with Disabilities (“ADA”). More recently we have seen individuals challenge...… Continue Reading The post Federal Court Allows Class Action Website Disability Access Case to Proceed Against An Employer appeared first on Disability, Leave & Health Management Blog.May 17, 2019 |