Seyfarth Synopsis: The U.S. Health and Human Services Department Office for Civil Rights issued a bulletin reminding healthcare and other entities receiving federal funds that their anti-discrimination obligations under Section 1557 and the Rehabilitation Act remain in place in this time of COVID-19 emergency.

By Kristina M. Launey and Minh N. Vu

In this unprecedented time of COVID-19 emergency, there
Continue Reading HHS Bulletin Warns COVID-19 Resource Rationing May Constitute Unlawful Disability Discrimination

By Minh N. Vu and Kristina M. Launey

Seyfarth Synopsis: Congress Members recently renewed their efforts to take legislative action and urge the DOJ take regulatory action regarding physical and website accessibility, respectively.

You have to give them credit for trying.  A group of Senators recently sent Attorney General Barr a letter asking the Department of Justice (DOJ) take
Continue Reading Renewed Web and Physical Accessibility Congressional Efforts an Exercise in Futility?

By Kristina M. Launey & Minh N. Vu

Seyfarth Synopsis: Four years and two motions to dismiss based on the pleadings later, the National Association of the Deaf’s (NAD) online video captioning lawsuit against Harvard is moving forward to fact discovery. On March 28, Federal Magistrate Judge Robertson in the District of Massachusetts denied the university’s motion for judgment on
Continue Reading Four-Year Court Battle Between Deaf Advocates and Harvard Over Closed Captioning of Videos Proceeds to Discovery With Some Limitations

By: Minh N. Vu

Seyfarth Synopsis: The Justice Department withdraws pending rulemakings for accessible websites, furniture and non-fixed equipment.
The current Department of Justice’s (DOJ) regulatory approach to Title III of the ADA is yet another example of what a difference an election can make.

In 2010, the DOJ started the rulemaking process to issue new regulations about the
Continue Reading DOJ Nixes All Pending ADA Rulemakings, Including Website Access Rules

Seyfarth Synopsis:  The Supreme Court declines to review a Fifth Circuit decision stating that a public accommodation covered by Title III of the ADA has to be a physical place and vending machines are not sales establishments covered by Title III of the ADA.

In August 2016, the U.S. Court of Appeals for the Fifth Circuit ruled in Magee v.
Continue Reading Supreme Court Denies Review of Rules That Vending Machines Are Not Places of Public Accommodation

Seyfarth Synopsis: The federal government has adopted the Web Content Accessibility Guidelines 2.0 Levels A and AA as its accessibility standard for federal agency websites, making it very likely that the Department of Justice will also adopt this standard for public accommodations websites in its forthcoming regulations.

ADA BLOGBusinesses working on making their websites accessible to individuals with disabilities often
Continue Reading WCAG 2.0 AA Is the New Accessibility Standard for Federal Agency Websites

Seyfarth Synopsis: Many years in the making, today the Access Board issued design criteria and other standards for medical diagnostic equipment.

Today, the U.S. Access Board issued new accessibility standards for medical diagnostic equipment (MDE). The final rule will be effective February 8 – 30 days from today’s publication of the final rule containing the standards in the Federal Register.
Continue Reading U.S. Access Board Issues Standards for Medical Diagnostic Equipment

Photograph of a stopwatch, isolated on white.

By: Seyfarth ADA Title III News & Insights Editors

Seyfarth Synopsis: Here’s our take on Sunday’s 60 Minutes episode on “drive-by” abusive ADA Title III lawsuits and the legislative efforts to address them.

60 Minutes aired a segment about ADA Title III “drive-by” lawsuits on Sunday, December 4, which focused on a few of the ways in which the law
Continue Reading Controversial 60 Minutes Segment on “Drive-By” ADA Lawsuits Highlights Negative Aspect of the Law

disabled buttonBloomberg BNA and Lifezette yesterday published articles about the “explosion” of web accessibility lawsuits, quoting Seyfarth ADA Title III Team Leader Minh Vu.  The articles come on the heels our blog reporting on the of the DOJ’s further delay of web accessibility regulations until at least 2018. For more on this surge of litigation activity, and what your business
Continue Reading Articles On Rising Website Accessibility Lawsuits Quote Seyfarth Title III Team Lead

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