ADA

Businessman sticks out a finger and reproves it.

Threat of Harm to Others — What’s an Employer to Do?

by Bennett L. Epstein in Human Resources, Legal, Risk Management. Posted October 5, 2023

An employee who operates a forklift begins to act erratically. While he had always been a solid performer, his judgment is off, and he is quick to become angry. The supervisor fears he might injure someone. What should the employer do? One step the employer must take is to determine whether the errant behavior is ...

Website Litigation Under the ADA:
Protect Your Property from Lawsuits

by Conn Maciel Carey in Food & Beverage, Legal, Lodging, Risk Management, Technology. Posted May 26, 2022

Despite the pandemic, lawsuits filed across the country against hotels and resorts alleging their websites violate the Americans with Disabilities Act (“ADA”) have not slowed down. These lawsuits continue to allege two different types of ADA violations, each of which are addressed below: The first type of website accessibility case deals with whether a hotel ...

Businesses That Mandate Masks For Employees And Customers Need To Consider ADA Issues

by Fisher Phillips in Coronavirus (COVID-19), Food & Beverage, Legal, Lodging. Posted June 6, 2020

As more businesses begin to reopen, businesses face many difficult questions about requiring employees and customers to wear protective face coverings? However, businesses should not forget that, despite the onset of COVID-19 and drastic measures taken by local, state, and federal governments, the provisions of the Americans with Disabilities Act (ADA) still apply to employers ...

March Update on How Employers Can Respond to COVID-19 with FAQs

by Kara Maciel in Coronavirus (COVID-19), Legal, Risk Management, Safety & Security. Posted March 10, 2020

Since publishing our previous post last month, there have been a number of significant developments related to the 2019 Novel Coronavirus – now officially called “COVID-19.” Notably, during the week of February 23, 2020, the U.S. Centers for Disease Control and Prevention (“CDC”) reported community spread of the virus that causes COVID-19 in California, Oregon, and Washington. ...

How Employers Can Respond to the 2019 Novel Coronavirus Outbreak

by Conn Maciel Carey in Coronavirus (COVID-19), Human Resources, Legal, Risk Management. Posted February 13, 2020

The 2019 Novel Coronavirus (“2019-nCoV” or “coronavirus”) is a respiratory illness that, with its spread to the United States, is raising important issues for employers. This guide explains the outbreak, the legal implications of it, and how employers should be responding now to employees who might have the virus, are caring for affected family members, ...

Court Stresses the Need for a Business to Provide an Accessibility Statement on its Website

by Jordan Schwartz in Food & Beverage, Legal, Lodging, Technology. Posted January 23, 2020

In 2018 and 2019, there were approximately 5,000 federal lawsuits filed against hotels, restaurants, stores, and other places of public accommodation alleging that their websites violated Title III of the Americans with Disabilities Act (“ADA”). In all likelihood this number of lawsuits will increase in 2020 now that the U.S. Supreme Court has declined to ...

Veterans Turned Away Because Of Service Animals: Lessons You Can Learn

by Andria Ryan in Food & Beverage, Legal, Lodging. Posted December 19, 2019

The United States Department of Justice (DOJ) recently announced settlements with two hotel properties to resolve complaints under Title III of the Americans with Disabilities Act (ADA) involving service animals. In both cases, the individuals involved were veterans with PTSD and both properties refused to honor their reservations because the veterans were accompanied by service ...

What Employee Accommodations are Required Under the ADA?

by KPM Law in Legal. Posted November 12, 2019

I. What are Your Responsibilities as an Employer?The federal American with Disabilities Act (“ADA”) and many similar state laws require employers to “reasonably” accommodate an otherwise qualified disabled applicant or employee to perform the essential job functions of the position or enjoy equal benefits of employment as similarly situated employees. Similarly, other federal and state ...

On the Basis of Personal Appearance

by Beeta Lashkari in Human Resources, Legal. Posted August 15, 2019

As you know, Title VII of the Civil Rights Act of 1964 (Title VII) is one of the principal federal statutes prohibiting employment discrimination. It prohibits discrimination on the basis of race, color, national origin, religion, and sex (including gender and pregnancy). Other federal statutes that prohibit employment discrimination include Title I and Title V ...

Life, Liberty, and a Gluten-Free Meal

by Brian Cafritz in Food & Beverage, Legal. Posted July 18, 2019

Colonial Williamsburg Restaurant sued under the ADA for not allowing child to consume his home-prepared gluten-free meal. The Americans with Disabilities Act (ADA) was enacted in 1990 to prevent discrimination against individuals with disabilities in all aspects of life. The Act has been applied to a variety of segments of our society, including building entrance ...