Technology Employment Law

Technology Employment Law

Legal Insight for Technology, Media, and Telecommunications Employers

Category Archives: ADA and Disability Law

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EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

My colleagues Frank C. Morris, Jr., Adam C. Solander, and August Emil Huelle co-authored a Health Care and Life Sciences Client Alert concerning the EEOC’s proposed amendments to its ADA regulations and it is a topic of interest to many of our readers.

Following is an excerpt:

On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its highly anticipated proposed regulations (to be published in the Federal Register on April 20, 2015, for notice and comment) setting forth the EEOC’s interpretation of the term “voluntary” as to the disability-related inquiries and medical examination provisions of the … Continue Reading

Access Board Seeks to Revise Accessibility Standards for Information and Communications Technology of Federal Agencies and Certain Technology Manufacturers, Moving to Functionality-Based Approach

On February 18, 2015, the U.S. Architectural and Transportation Barriers Compliance Board (the “Access Board”) announced the release of its Notice of Proposed Rule Making (“NPRM”), refreshing and revising the existing accessibility requirements under Section 508 of the Rehabilitation Act of 1973 (“508 Standards”) and Section 255 of the Communications Act of 1934 (the “255 Guidelines”), and merging them into a single rulemaking intended to support the accessibility of Information and Communications Technology (“ICT”) for individuals with disabilities in the federal sector.

Purpose

As noted in the NPRM, the main purpose of this effort is to replace the current product-based … Continue Reading

Key Issues Facing Places of Public Accommodation at the 25th Anniversary of the ADA

Our colleague Joshua A. Stein authored Epstein Becker Green’s recent issue of its Take 5 newsletter.   In this special edition, Josh focuses on the 25thAnniversary of the ADA and recent developments and future trends under Title III of the ADA. 

  1. Website Accessibility
  2. Accessible Point-of-Sale Devices and Other Touchscreen Technology
  3. Movie Theater Captioning & Audio (Narrative) Description
  4. The Availability of Sign Language Interpreters at Health Care Facilities
  5. “Drive By” Design/Construction Lawsuits

Read the full newsletter here.… Continue Reading

Internet Business Activities–Are They Now the Bull’s-Eye for ADA Public Accommodation Lawsuits?

by Frank C. Morris, Jr.

Two recent decisions involving Netflix again raise the question of whether all online business activities are covered by the public accommodation requirements of Title III of the Americans with Disabilities Act (“ADA”) or whether a “bricks and mortar” presence is required to invoke ADA protections. In late June, in National Association of the Deaf v. Netflix, Judge Ponson of the U.S. District Court in Massachusetts denied Netflix’s motion for judgment on the pleadings that challenged the application of the ADA to its video streaming website. The court found that, despite the absence of a … Continue Reading

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