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Disability Access Litigation and Compliance

The stakes are high – the ability of persons with disabilities, advocacy groups and the Department of Justice to bring non-compliance lawsuits puts businesses at significant litigation risk.

Overview

Title III of the Americans with Disabilities Act (ADA) requires businesses providing goods and services to the public to ensure its products and facilities are accessible to individuals with disabilities. These Title III mandates create complicated compliance issues at the federal, state and local levels that many businesses are only now beginning to grapple with and understand. 

The Disability Access Litigation and Compliance (DALC) Resource Group at Jackson Lewis P.C. is one of the largest and most geographically diverse accessibility defense practices in the United States. The DALC team is comprised of more than 20 talented attorneys who provide litigation defense and counseling services on a wide array of federal and state accessibility laws governing places of public accommodations, commercial facilities, housing and examinations and courses. 

Our depth, scope and collaboration — the hallmarks of Jackson Lewis’ DALC Resource Group — enable us to spot trends early and develop effective, practical compliance and defense strategies for our clients. We have successfully defended or resolved thousands of lawsuits and claims brought under Title III of the ADA, including analogous state and local accessibility laws, and the Fair Housing Act as well as matters involving alleged violations of Title II of the ADA and Section 504 of the Rehabilitation Act. 

Litigation Defense

With an unsurpassed national footprint and deep bench, the DALC Resource Group can rapidly and seamlessly staff a defense of accessibility lawsuits with experienced, talented attorneys wherever they are filed in the United States. We have defended or resolved thousands of single plaintiff and class actions lawsuits in a wide variety of industries including retail, real estate, construction, hospitality, transportation, health care, technology and higher education.

Government Investigations

DALC attorneys handle numerous accessibility investigations conducted by the U.S. Departments of Education, Housing and Urban Development, Justice and Transportation and their state agency counterparts. These investigations have included some of the most challenging issues for businesses, landlords and real estate developers including facility accessibility, website accessibility, effective communication, sign language interpreters, transportation services and service animals.

Advice and Counsel

Our advice and counsel services are aimed at risk management and preventing accessibility claims before they become a lawsuit. Drawing on a vast reservoir of experience, attorneys in the DALC Resource Group provide practical, cost-effective solutions to avoid legal problems, including responding to customer accessibility complaints. Frequently, we are consulted at the design stage of construction on a wide range of accessibility issues to ensure that facilities are constructed or renovated in conformance with federal and state accessible design standards.

The Team

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Archived

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The Rise of ADA Web Accessibility Lawsuits in the Hospitality Industry

May 16, 2019 - 2:00 PM to 3:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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July 25, 2017

Trending: Website Accessibility Lawsuits under Americans with Disabilities Act on the Rise

July 25, 2017

For years, lawsuits under Title III of the Americans with Disabilities Act concerning places of public accommodation were confined to brick-and-mortar physical barriers, such as steps, excessive slopes in parking lots, and routes that were too narrow for individuals in wheelchairs to use. Now, in the e-commerce age, lawsuits complaining... Read More

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October 22, 2018
SHRM

Joseph Lynett Comments on the Increase of ADA Lawsuits Due to Career Portal Accessibility

October 22, 2018

Joseph Lynett comments on increased litigation under Title III of the Americans with Disabilities Act (ADA) due to accommodations over inaccessible job websites in "Potential Job Applicants Sue Companies with Difficult Online Forms," published by SHRM. Subscription may be required to view article     Read More

August 26, 2018
Omaha World-Herald

Joseph Lynett Comments on Implications of Omaha Businesses Named in Lawsuits Alleging Discrimination Against People with Disabilities

August 26, 2018

Joseph Lynett comments on implications of various Omaha businesses facing federal lawsuits alleging discrimination under the Americans with Disabilities Act in "Omahans file lawsuits against 87 businesses citing discrimination of people with disabilities," published by the Omaha World-Herald. Subscription may be required to... Read More

May 17, 2018
Lorman Education Services

Joseph Lynett and John Snyder Author "House Bill Would Limit Drive-by Lawsuits by Amending Title III of Americans with Disabilities Act"

May 17, 2018

Joseph Lynett and John Snyder author "House Bill Would Limit Drive-by Lawsuits by Amending Title III of Americans with Disabilities Act," published by Lorman Education Services. Subscription may be required to view article Read More

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What Am I Doing Wrong?? Common FMLA Mistakes
October 2, 2019

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration.  This is the 26th blog in in this series, which digs into the FMLA regulations and related issues to address discrete mis-steps that can result in legal liability. Read More

Withholdings to Fund Massachusetts Paid Family and Medical Leave Set to Begin October 1
September 30, 2019

After an initial delay, payroll and wage withholdings to fund the Massachusetts paid family and medical leave program are set to begin on October 1. Read More

California Law Expanding CFRA Rights to Flight Crew Employees Closer to Enactment
September 26, 2019

The California Assembly has passed a bill that would expand the California Family Rights Acts to apply to flight crew employees. Assembly Bill 1748 (AB 1748) has passed through the assembly, and is awaiting the signature of Governor Gavin Newsom. Read More