By Kevin Fritz
Members of the European Parliament voted last week to strengthen a proposed European Directive on Accessibility of Public Sector Bodies’ Websites. The beefed up version of the directive would require all UK public sector websites to be accessible to users with disabilities; not just those sites proposed by the European Commission, such as social security benefits and
Continue Reading New EU Web Accessibility Rules In the Works
By Minh Vu and Paul Kehoe
Since we reported that the Department of Justice (“DOJ”) issued its proposed regulations last month concerning the definition of a “disability” under Titles II (applicable to state and local governments) and III (applicable to public accommodations) of the Americans with Disabilities Act (ADA), we have received a number of inquiries about the regulations’ impact and whether clients need to take any action. We share here our initial thoughts.
Background and Key Provisions. The proposed regulations implement the ADA Amendments Act of 2008 (ADAAA) which amended the Americans with Disabilities Act of 1990 (ADA). Congress passed the ADAAA in response to several court decisions, including from the Supreme Court, that narrowly interpreted the definition of “disability.” The point of the ADAAA, according to the DOJ, was to “mak[e] it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the statute.”
In March 2011, the Equal Employment Opportunity Commission (“EEOC”) issued its final regulations to implement the ADAAA’s requirements for Title I of the ADA, which prohibits disability discrimination by employers. These DOJ proposed regulations will implement ADAAA requirements for Titles II and III of the ADA, which prohibit discrimination in state and local programs and by public accommodations, respectively. DOJ’s proposed regulations closely track the statutory requirements of the ADAAA and the EEOC’s final regulations.
The ADAAA did not change the ADA’s definition of disability, which continues to be:
Continue Reading More People Will Be Individuals With a "Disability" Under Proposed Justice Department Regulations
By Minh N. Vu and Kristina M. Launey
Now that we are all back in work mode, we thought it would be useful to take a quick look at some of the major ADA Title III trends and highlights of 2013 and how they will impact the coming year.
Digital Accessibility. We saw a definitive uptick in the number of
Continue Reading THE ADA TITLE III YEAR IN REVIEW: Trends, Hot Topics, and What's In Store for 2014
By Minh Vu and Paul Kehoe
As we reported earlier this month, the Department of Transportation (DOT) issued regulations under the Air Carrier Access Act (ACA) making it easier for airline passengers with disabilities to access both airline websites and terminal kiosks. These regulations provide a window into the Administration’s view of website and kiosk accessibility, and likely serve as a precursor to forthcoming regulations from the Department of Justice (DOJ) on these subjects for state/local governments and public accommodations. Since all agencies have an opportunity to review proposed regulations during the interagency review process, we assume that DOJ had input into the new DOT rules. Here is a closer look at key parts of the new DOT regulations:
Basic Website Requirements. Airlines that operate at least one aircraft having a seating capacity of more than 60 passengers must make their primary website accessible in two phases. First, by December 12, 2015, they must ensure that web pages on their primary website associated with core travel information and services (reservations, online check-in, flight status updates, itinerary access, frequent flyer account access, carrier contact information, etc.) conform with WCAG 2.0 Level AA. Second, by December 12, 2016, all other webpages on the airline’s primary website must conform with these guidelines. The regulations also require airlines to consult with individuals with visual, auditory, tactile and cognitive disabilities, or organizations representing these disability types to test the usability of the updated websites. The DOT did not indicate what, if anything, covered airlines should be doing to facilitate access for those individuals who cannot use the websites in the meantime.
The regulations also require airlines to provide web-based fare discounts, which are generally offered at a lower cost, and other web-based amenities, to customers with disabilities who are unable to use the airline’s website. Also, ticket agents that are not small businesses will be required to provide the same web-based fares to customers with a disability who cannot use the agents’ website as of June 10, 2014.
Continue Reading New Department of Transportation Website and Kiosk Regulations Provide Insight into Forthcoming Department of Justice Regulations for Public Accommodations
By Minh N. Vu
Last week, the Department of Transportation (DOT) issued final regulations that govern the websites and automated kiosks of U.S. and foreign air carriers. The regulations have not yet been officially published in the Federal Register but we wanted to get the news (and the regulations) to you as soon as possible. We will post more meaningful
Continue Reading Department of Transportation Issues Final Rule Requiring Airline Websites and Self-Service Kiosks to be Accessible
By Minh. N. Vu
If you thought that Title III of the ADA was intended to protect people with disabilities who might want to do business with you – as opposed to those people who visit your business for the sole purpose of filing a lawsuit –– think again. The U.S. Court of Appeals for the Eleventh Circuit last week
Continue Reading Eleventh Circuit Holds that Testers Who Have No Intent to do Business at a Place of Public Accommodation Can File ADA Title III Lawsuits.
The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) this week issued historic new regulations that require federal contractors and subcontractors to — for the first time — adopt quantifiable hiring goals for individuals with disabilities. Of relevance to this blog, flying under the radar in the final regulation but big news to those of us who have
Continue Reading Federal Contractors: New OFCCP Regulation Does Not Mandate That Online Application Websites Be Accessible to People with Disabilities.
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
On January 25, 2013, the Department of Education’s Office for Civil Rights (“OCR”) published guidance to schools regarding their obligation to provide equal access to extracurricular athletic opportunities to students with disabilities under Section 504 of the Rehabilitation Act of 1973. Section 504 generally requires that schools receiving federal financial assistance must offer students with
Continue Reading Department of Education Elaborates on What Schools Must Do to Provide Equal Access To Athletic Activities For Students With Disabilities
By Minh N. Vu
The Department of Justice’s (DOJ) deadline for hotels, health clubs, and other public accommodations to retrofit their existing pools and spas with either a pool lift or sloped entry ramp is January 31, 2013. Under regulations the DOJ issued in 2010, all pools with less than 300 linear feet of wall must have either a pool
Continue Reading Businesses With Swimming Pools and Spas Work to Install Lifts by January 31, 2013
