Effective October 15, 2018, employers in New York City will be subject to broader accommodation requirements than those set forth in the Americans with Disabilities Act (“ADA”). A recent amendment to the New York City Human Rights Law (“NYCHRL”) requires employers to engage in a “cooperative dialogue” with an individual who is or may be entitled to an accommodation. The NYCHRL applies to employers with four or more employees, and under the new amendment, employers are required to engage in a “cooperative dialogue” with an individual who has requested an accommodation or who the employer has notice may require an… Read more
Is Your Website a “Place of Public Accommodation” Under the Americans with Disabilities Act?
What do burgers and art supplies have in common? They are both sold on websites recently challenged by disabled plaintiffs. Blind plaintiffs have filed lawsuits alleging certain websites violate federal, state and city laws because they contain various access barriers and are not fully usable by the blind. This summer two federal courts in New York – the Southern District (Markett v. Five Guys Enterprises LLC, 17-cv-788-KBF, ECF No. 33 (July 21, 2017)) and the Eastern District (Andrews v. Blick Art Materials, LLC, , 17-cv-767-JBW, ECF No. 25 (August 1, 2017)) – found that websites selling these goods were “places of public accommodation.” The… Read more
Florida Law Seeks to Curb Abusive ADA Drive-By Lawsuits
Effective July 1, 2017, Florida House Bill 727, codified as Florida Statute Section 553.5141, is a pioneering effort by the state of Florida to encourage compliance with the Americans with Disabilities Act (“ADA”) while providing courts with the ability to reject the attorney’s fees and costs awards provided for in the ADA. The law takes aim at the high volume of lawsuits initiated by unscrupulous plaintiffs and lawyers with the primary intent of generating attorney’s fees and profits rather than improving the accessibility of public facilities. The law allows the property owner to request that a qualified expert inspect a… Read more