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Lack of ADA clarity paves way for more website accessibility lawsuits
On October 7, the U.S. Supreme Court declined to review the Ninth Circuit’s decision in Robles v. Domino’s Pizza, LLC, which found that businesses may be sued under the Americans with Disabilities Act (ADA) for failure to make websites accessible to individuals with disabilities, including blind individuals who access websites using screen-reading software. The Supreme…
Pizza franchisee jailed for wage violations
Most employers know that failing to pay minimum wage or overtime pay to their employees can lead to serious consequences. When employees file lawsuits claiming unpaid overtime wages, they can bring in their co-workers, leading to lawsuits which are both costly to defend and to settle. Further, reports by employees can lead to disruptive investigations…
Municipalities and universities new targets in ADA website accessibility lawsuits
For years, private businesses have faced demand letters and litigation over the accessibility of their websites by individuals with disabilities, with 2018 seeing a record number of website accessibility lawsuits under the Americans with Disabilities Act. Now, plaintiffs’ firms are focusing on new targets, including municipalities, county governments, and universities. People with disabilities access websites…
#HonorHeroes: Tribute to everyday people doing extraordinary things
During these challenging times everyday people are doing extraordinary things. Together, we honor and salute the workers and volunteers, including our family and friends, who are making a difference. To the healthcare providers, first responders, delivery drivers, mail carriers, utility workers, supermarket staff, and tens of thousands of others — thank you. Featuring: Kelsey Spencer, APRN,…
Pandemic-fueled increase in online activity likely to give rise to website accessibility lawsuits
With the COVID-19 outbreak forcing most people to either shelter in place or severely limit their outside activities, people everywhere are online more than ever. As a result, website accessibility lawsuits under the Americans with Disabilities Act are expected to sharply increase. Title III of the ADA requires places of public accommodation with websites (including…
Appeals courts split on whether websites are ‘places of public accommodation’ under ADA
Over the last five years, an unceasing wave of lawsuits and demand letters alleging violations of the Americans with Disabilities Act has rolled over businesses across the United States. Plaintiffs have argued that failing to provide websites that are accessible to individuals with disabilities is a violation of the ADA. Specifically, Title III of the…
The Fair Credit Reporting Act: Why background checks are fueling the latest wave of class actions
By Elizabeth Scott Wood Many employers have third-party services run background checks on applicants, new hires, or existing employees. Many of these employers utilize these services to minimize the risk of claims of negligent hiring or discrimination. Even if a reputable service is used, there are challenges and significant legal risks involving the failure to comply…
OSHA sharpens focus on employer safety incentives and disincentives
By Nathan Whatley The Occupational Safety and Health Administration (OSHA), the federal agency charged with assuring safe and healthy working environments, recently issued a memorandum which takes aim at employer safety incentive policies and practices. According to OSHA, some of the programs which employers frequently implement as a way to encourage safe workplace practices may…
Political animals
By Rachel Blue NOBAMA. MAGIC ROMNEY UNDERWEAR. OCCUPY. OBAMA BIN LADEN. It’s an election year, so it’s no surprise that slogans and sound bites are on the uptick. Both political campaigns and those hoping to cash in on a clever turn of phrase are getting into the act, filing trademark applications for slogans, candidate names…
McAfee & Taft Receives 2006 Perfect Partnership Award
McAfee & Taft, Oklahoma’s largest law firm, was honored as one of three recipients of the Oklahoma City Public Schools Foundation’s 2006 Perfect Partnership Award. The presentation was made on April 18, 2006, at the foundation’s "Stars of Education" event. The award recognizes organizations within the community whose dedication and contributions to the district have…
Drug testing and safety rules clarified
By Charlie Plumb For years, employers assumed they were entitled to drug-test employees after they were injured or were involved in a workplace accident … then things became more uncertain. When the Occupational Safety and Health Administration first announced it viewed post-accident drug testing as potentially unlawful a couple of years ago, employers and business…
OSHA clarifies permissibility of post-accident drug testing, safety incentive programs
For years, employers assumed they were entitled to drug-test employees after they were injured or were involved in a workplace accident … then things became more uncertain. When the Occupational Safety and Health Administration first announced it viewed post-accident drug testing as potentially unlawful a couple of years ago, employers and business groups filed lawsuits…
Employers may be liable for harassment by a non-employee
“Claims of sexual harassment typically involve the behavior of fellow employees. But not always,” said a federal appeals court in Gardner v. CLC of Pascagoula, LLC. The case shows employers must take employee complaints of harassment by non-employees seriously. Title VII of the Civil Rights Act requires employers to take reasonable steps to protect employees…
ADA Website Accessibility: 2019 trends and predictions for 2020
As predicted, the flood of website accessibility lawsuits is continuing in the first months of 2020 after the U.S. Supreme Court late last year declined to weigh in on whether the Americans with Disabilities Act (ADA) applies to the websites of places of public accommodation. The high court’s decision not to hear the Robles v….