This article is NOT legal advice. If you find yourself in a situation where you are either considering filing or possibly defending accessibility litigation in the US, you need to consult a US lawyer who specializes in accessibility cases. The…
Perfect attendance records in the US: Legal or Discriminatory?
I belong to a social media group where HR topics are discussed. At least once a year, usually at the beginning of fall, someone posts a question about how to incentivize people to show up for work or how to implement…
Procuring accessible goods and services — two alternatives
Whether accessible goods are procured is critical to the success of accessibility programs This article is not legal advice. This is a general opinion article and should not be relied upon for any legal situation. Always consult an attorney who…
Uber, CVS, and Rite Aid in the news over disability discrimination
The week after the Rite Aid settlement with the Department of Justice, Uber and CVS are on the disability discrimination hotseat Note: Personal opinion only, not the opinion of my employer. Rite Aid settled a case last week with the…
Department of Justice to companies with inaccessible websites: We’re back!
Deconstructing the Rite Aid settlement agreement On November 1, 2021, the Department of Justice published a settlement agreement it entered into with the nationwide pharmacy chain Rite Aid specifically concerning the inability of people with disabilities to use both Rite Aid’s COVID…
Sanctions levied against plaintiffs for filing frivolous disability rights lawsuits
The 11th Circuit Court of Appeals in Johnson, Dinn v. Caraf Oil upheld a district court ruling that fined both the attorney and the plaintiff in a disability lawsuit. Dinin is an attorney, Johnson is the d/Deaf plaintiff. Together, they…
Who tests the ADA testers?
ADA and digital accessibility litigation are full of claims filed by “testers.” How far should that be allowed to go? Testers are individuals who have no intention of ever buying the product or visiting the location the website revolves around.…
Domino’s accessibility lawsuit update
Several significant rulings were made on 6/25/21 on competing Motions for Summary Judgment 20 months after the Supreme Court kicked the Robles case back down to the district court. Case history Robles, the plaintiff, couldn’t order a pizza from Domino’s…
Physical Campus Accessibility – More than just an occupancy certificate
Originally published in the Spring/Summer 2021 issue of Diversability Every day in the US, a conversation like the following one occurs: Employee with disability: I can’t do X because of Y. Some examples of this might include, “I can’t use…
Got sued under the ADA for inaccessibility? – Part 2
Here is what you can expect. Part 2 of a two-part article Read Part 1 of this article here about recouping costs for accessibility lawsuits when others are at fault. This article is not legal advice. This is a general opinion article…