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By: Eden Anderson

In 2012, California’s Department of Fair Employment and Housing (“DFEH”) filed a lawsuit against the Law School Admissions Council (“LSAC”) alleging that LSAC was discriminating against, and routinely failing to grant appropriate accommodations for, test takers with disabilities on the Law School Admissions Test (“LSAT”).  DFEH alleged that LSAC was violating the ADA and the state’s Unruh…
Continue Reading LSAC Agrees To Pay Over $9 Million To Settle Lawsuit Over Testing Accommodations And Commits To Substantial Injunctive Relief

By Kristina M. Launey

Do you have questions about ADA Accessibility Standards, the Section 508 Standards, Medical Diagnostic Equipment and other Board rulemakings or activities?  If so, tune into the Access Board’s free open question and answer session webinar on March 6, 2014 from 2:00-4:00 EST.  For more information, visit www.accessibilityonline.org.
Continue Reading U.S. Access Board To Hold Open Q&A Webinar

By Andrew C. Crane

On January 28, 2014, in Martinez v. Columbia Sportswear USA Corp., the United States Court of Appeals for the Ninth Circuit affirmed summary judgment for our three retail defendants, holding for the first time that a 60-inch long dressing room bench constitutes an “equivalent facilitation” under the 1991 ADA Standards, which specify that benches must…
Continue Reading Ninth Circuit Affirms Summary Judgment for Retail Store Defendants

By:  Karen Stephenson

The Architectural and Transportation Barriers Compliance Board (Access Board) has issued proposed accessibility guidelines for the construction and alteration of passenger vessels covered by the Americans with Disabilities Act (ADA).  These guidelines will apply to passenger vessels that provide public transportation services such as ferries and excursion boats, and public accommodation passenger vessels such as dinner or…
Continue Reading All Aboard For Access! Access Board Proposes Accessibility Guidelines For Cruise Ships And Other Passenger Vessels

By: Kristina Launey

As we reported last year, in September 2012, the Governor signed into law legislation reforming some of California’s disability access statutes.  Most of those reforms went into effect as of the date the Governor signed the bill, but one provision becomes effective today, July 1, 2013. 

California Civil Code Section 1938 requires, among other things, commercial…
Continue Reading The ADA Meets Real Estate: Are Your Leases Ready For CA’s July 1 Access Requirement?

By Chris Palamountain

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

By Jon D. Meer, Myra B. Villamor, and Andrew C. Crane

Many businesses choose to settle frivolous “accessibility discrimination” lawsuits that serial plaintiffs bring under the Americans with Disabilities Act (“ADA”) and similar state laws, such as the California Disabled Persons Act (“CDPA”) and Unruh Act.  The temptation to settle is great because plaintiffs typically make settlement demands…
Continue Reading Retailer Fights Back Against Serial ADA Plaintiff and Wins Trial Verdict

By Kristina M. Launey

In the past few years, the barriers faced by people who are blind, deaf, or other disabilities in using websites and other emerging technologies has increasingly become the focus of  new laws, regulatory initiatives, and lawsuits.  The annual CSUN conference is the largest, and considered the most important, annual gathering of thought leaders and advocates in…
Continue Reading Digital Accessibility Updates from CSUN 2013: 28th Annual International Technology and Persons with Disabilities Conference

In 2010, the U.S. Department of Justice issued final regulations under ADA Title III that substantially revised or expanded the rules that apply to health care providers relating to the accessibility of their facilities, service animals, other power mobility devices, and effective communication with individuals with sensory disabilities.  With the election behind us, the DOJ is expected to issue additional…
Continue Reading ADA Title III Team Presents Webinar on New and Proposed Regulations for the Health Care Industry

Minh Vu, Seyfarth Shaw’s ADA Title III Team Leader and a Department of Justice veteran, provided insights for Law360’s Expert Analysis column today on how a Romney victory tomorrow might impact important pending disability access regulations that would cover the websites, equipment, and furniture of public accommodations.  Click here to see this article.
Continue Reading Minh Vu Shares Thoughts on How The Presidential Election Could Affect Pending ADA Regulations on Law360