By Minh N. Vu and John W. Egan
Seyfarth Synopsis: Enterprising plaintiffs in New York are suing more than 100 businesses under a new theory – – that ADA Title III requires Braille gift cards.
Between Thursday, October 24 and as recently as last Friday, over 100 putative class action lawsuits (and counting) have been filed against businesses for violations
Continue Reading New York Federal Dockets Flooded With Cases Alleging That Failing To Provide A Gift Card With Braille Violates The ADA
Last week, a California State Court became the first in the nation to rule that a retailer violated the Americans with Disabilities Act due to a website that is not accessible to individuals with vision-related disabilities. As we have previously reported, courts have ruled on whether the ADA applies to websites, but have always stopped short
Continue Reading A First: California Court Rules Retailer’s Inaccessible Website Violates ADA
By Kevin Fritz
This Sunday, July 26, marks the 25th anniversary of the Americans with Disabilities Act. In the spirit of anniversary of this important law, here are 25 simple ways to make your business more accessible to customers with disabilities, and provide a great experience for them and their friends and/or family members:
Last month, the U.S. Department of Justice (DOJ) and U.S. Department of Education (DOE) issued a joint guidance Under Title II of ADA (the “Guidance”) explaining the obligation of public schools to provide “auxiliary aids and services” to ensure effective communication with students with hearing, vision, or speech disabilities. Although this Guidance applies to state and local
Continue Reading New Justice Department Guidance Provides Useful Roadmap for Public and Private Schools on Their Effective Communication Obligations
By Craig B. Simonsen and Kristina M. Launey
This blog, as the “ADA Title III” name indicates, is primarily about a business’s obligation to individuals with disabilities who may access its goods, services, benefits, and accommodations, rather than employees with disabilities. However, we also frequently receive questions from entities that are subject to Title III about their obligations to provide
Continue Reading Office of Disability Employment Policy Publishes Web Portal on Accessible Workplace Technology
By John W. Egan
As we have previously reported, the Department of Justice issued proposed regulations this summer that would require movie theaters to show movies with closed captioning and audio description. DOJ has requested public comment on a number of issues related to these proposed regulations.
The period for providing public comments on this Notice of Proposed Rulemaking
Continue Reading Comment Period for Movie Captioning NPRM Extended to December 1, 2014
By John W. Egan
On July 25, 2014, the Department of Justice (DOJ) issued proposed regulations that would require movie theaters with digital screens to show movies with closed captioning and audio description. We covered this development here.
DOJ has requested public comment on a number of issues related to these proposed regulations, including whether closed captioning and audio
Continue Reading Comment Period for Movie Captioning NPRM Opens Today
By John W. Egan
On Friday of last week—the day before the ADA’s twenty-fourth anniversary—the Department of Justice (DOJ) announced a proposed rule that would require movie theaters with digital screens (and possibly those with only analog screens) to show movies with closed captioning and audio descriptions (if available), and to purchase equipment that would allow the transmission of such information to moviegoers with hearing or sight disabilities. The regulations would also require theaters to inform the public about the availability of such captioning and audio descriptions in its advertisements and other communications about the movies they show.
The regulations implementing Title III of the Americans with Disabilities Act (ADA) already require that public accommodations, including movie theaters, provide auxiliary aids and services to ensure effective communication with persons with visual and auditory impairments. The proposed rule would require that movie theaters provide specific equipment and accommodations to patrons who are blind or have low vision, as well as patrons with auditory impairments. DOJ estimates that complying with these proposed requirements would cost the industry between $138.1 and $275.7 million and that a substantial number of small businesses will experience “a significant economic impact.”
The major provisions are discussed below.
Title III of the ADA requires that public accommodations provide, at their expense, “auxiliary aids and services” to ensure effective communication with persons with hearing, vision, or speech disabilities. But what does that really mean for a business? What is effective communication? The Department of Justice last month released its most recent guidance on this topic (the “Guidance”). DOJ’s previous guidance on the subject was issued in 2011 in a primer targeted for small businesses. Since the DOJ and state enforcement agencies have taken a keen interest in this subject, businesses should take a minute to review these two guides and make sure that they, and their employees, are meeting their obligations.
The “effective communication” obligation exists because people who have hearing, vision, or speech disabilities communicate differently from people without these disabilities. For example, a person who is blind is not going to be able to read a menu or legal documents. A person who is deaf is not going to be able to hear what a doctor says about his diagnosis. Thus, in most instances, these individuals will need appropriate “auxiliary aids and services” to ensure effective communication.
The Guidance explains that the key to effective communication is to consider the “nature, length, complexity, and context of the communication” and the person’s “normal method of communication.” In some contexts, effective communication may entail simply reading something to a blind individual (e.g., a menu so he or she can order in a restaurant ), or exchanging notes with a deaf individual (e.g., about a product for sale in a retail setting).
In other contexts where communication is extensive (e.g., educational or medical settings), ensuring effective communication can be complex and costly, and may require the provision of an interpreter or the acquisition and use of unfamiliar technology. As the Guidance explains, various technologies can be used to ensure effective communication, such as computer-assisted real-time transcription, video remote interpreting, and screen reader software. The public accommodation should consult with the individual—especially in these more complex situations —to determine an aid or service that will provide effective communication. If more than one aid or service would allow equally effective communication, the public accommodation is not required to provide the individual’s requested aid or service.
The Guidance notes that the public accommodation must provide the aid or service unless it can show that it would “fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense.” The standard for establishing this defense is quite high; the Guidance states it will be shown only in “rare” circumstances.
As important reminders, the Guidance also notes the following:
Continue Reading New Justice Guidance Reminds Businesses They Are Responsible for Ensuring Their Communications With People with Disabilities Are Effective
The U.S. Department of Justice (DOJ) announced in early April 2013 that it has reached five settlements in the past four months with health care providers (a hospital, 2 rehabilitation centers, an ear nose and throat practice, and a sports medicine center) concerning access to services for persons who are deaf. The settlements provide insight (but not
Continue Reading Justice Department Continues Crackdown on Medical Facilities that Fail to Offer Auxiliary Aids and Services for Patients Who are Deaf
