Once again, Walmart has found itself as a target of discrimination claims. On August 8th, the Equal Employment Opportunity Commission sued the retail giant for disability discrimation in one of its South Carolina locations. According to a press release from the agency, the lawsuit involves Walmart’s violation of the Americans
Articles Discussing General Topics Under the ADA
ADA Design Standards Expected for Sales and Ticketing Kiosks and Other Self-Service Transaction Machines
The U.S. Architectural and Transportation Barriers Compliance Board (commonly known as the Access Board) announced that it intends to issue an Advance Notice of Proposed Rulemaking (ANPRM) under the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA) in August 2022 that would create scoping and technical standards
Fifth Circuit Rules Sleepwalking Employee Who Crawled Into Bed With Coworker Cannot Prove Disability Discrimination
On July 15, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s ruling that a female employee who crawled into a male coworker’s bed while “sleepwalking” and was subsequently discharged failed to establish disability discrimination under the Americans with Disabilities Act (ADA) and the Texas
Louisiana Court Allows Accommodation, Retaliation Claims To Proceed to Trial
Louisiana Court Allows Accommodation, Retaliation Claims To Proceed to Trial
Second Circuit Issues Highly Anticipated Decision on Title III Braille Gift Card Appeal, Affirming Dismissal
On June 2, 2022, the Second Circuit issued a decision in Calcano, et al. v. Swarovski North America Ltd., et al., affirming dismissal of five consolidated cases brought by visually impaired plaintiffs who alleged various retail defendants must provide braille gift cards under the Americans with Disabilities Act (ADA). The
Service Animal Access to Healthcare Facilities
While people may be familiar with many of the rules relating to the admission of service animals into public venues, do the same rules apply when a patient or visitor seeks to enter a hospital, medical office, or other healthcare facility accompanied by a service animal?
Most healthcare facilities, particularly
EEOC, DOJ Release Expectations on Employers’ Use of Technology, AI for Employment Decisions
For decades, employers have used technology to help decision-making, from hiring to performance bonuses. While seemingly taking human biases out of the equation, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have voiced concerns over potential disability discrimination from the use of technology.
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EEOC Issues Guidance on Artificial Intelligence and Americans with Disabilities Act Considerations
On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a “Technical Assistance” (TA) document addressing compliance with ADA requirements and agency policy when using AI and other software to hire and assess employees.
EEOC, DOJ Warn Artificial Intelligence in Employment Decisions Might Violate ADA
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), on May 12, 2022, issued guidance advising employers that the use of artificial intelligence (AI) and algorithmic decision-making processes to make employment decisions could result in unlawful discrimination against applicants and employees with disabilities.
Education Department Seeks Input to Strengthen Section 504 Protections for Students With Disabilities
To start the process of updating the regulations implementing Section 504 of the Rehabilitation Act of 1973, a seminal disability civil rights law that provides protections to elementary, secondary, and postsecondary students, the U.S. Department of Education’s Office for Civil Rights (OCR) has announced that it will solicit public recommendations from students and their advocates and hold listening sessions to determine ways to improve the current regulations to achieve the present-day needs of America’s students with disabilities.
U.S. Supreme Court Excludes Emotional Distress Damages from Remedies Available Under Rehabilitation Act and Affordable Care Act
On April 28, 2022, the U.S. Supreme Court narrowed the scope of damages available under the Rehabilitation Act of 1973 (Rehab Act) and the Affordable Care Act (ACA). In a 6-3 decision, the Court held that emotional distress damages are not recoverable in a private action to enforce either
Circuit Courts Split on Standing to Sue in ADA Title III Website Accessibility Claims
On standing to sue under Title III of the Americans with Disabilities Act (ADA), two U.S. Circuit Courts have arrived at opposite conclusions where the plaintiffs did not allege any concrete injury and said they had no intention of visiting the hotels whose websites were the subject of their accessibility
To Ask or Not to Ask: Navigating Post-Leave Inquiries and Medical Examinations Under the Americans with Disabilities Act
As sticky wickets go, one of the messiest and most complicated laws employers must contend with in navigating their relationship with employees is the Americans with Disabilities Act (“ADA”).
Federal Court Dismisses Disability Discrimination Suit Based on Employee’s CBD Use
A federal court in Indiana dismissed an employee’s lawsuit after he tested positive for marijuana due to alleged CBD use and claimed that his termination was discriminatory on the basis of a disability. Rocchio v. E&B Paving, LLC, and Int’l Union of Operating Engineers Local 103, Case No. 1:20-cv-00417 (S.D.
Standing in the Shoes of a Non-Injured Plaintiff
On March 18, 2022, the Second Circuit (covering New York, Connecticut, and Vermont) dismissed a claim under Title III of the Americans With Disabilities Act (ADA) for lack of standing, holding that a website “tester” who solely visited a website without the intention of using it did not suffer any concrete injury. Harty v. West Point Realty (2d Cir. 2022).