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How Employers Can Respond to the 2019 Novel Coronavirus Outbreak

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

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

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 ...
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What Employee Accommodations are Required Under the ADA?

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 ...
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On the Basis of Personal Appearance

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 ...
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Life, Liberty, and a Gluten-Free Meal

Colonial Williamsburg Restaurant sued under the ADA for not allowing child to consume his home-prepared gluten-free meal. The Governor’s Palace in Colonial Williamsburg, Virginia. A brick Colonial house with a courtyard, and former home of Thomas Jefferson. The Americans with Disabilities Act (ADA) was enacted in 1990 to prevent discrimination against individuals with disabilities in ...
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Hospitality Case Review: The Top 100+ Hospitality Cases That Impacted Us in 2018

Written by Karen Morris, J.D., LL.M. and Diana S. Barber, J.D., CHE, CWP ADA/Standing1. Brito v. Wyndham Hotels and Resorts, LLC, 2018 WL 317464 (D. Colo., 01/08/2018). Plaintiff is a paraplegic and requires the use of a wheelchair to ambulate. While at defendant hotel he encountered multiple violations of the Americans with Disabilities Act (ADA) ...
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A Discussion of Recent ADA and FMLA Cases and Their Practical Implications

Agency Updates: In 2018, the Department of Labor released two significant opinion letters demonstrating its interpretation of the Family and Medical Leave Act. In FMLA2018-2- A, the DOL determined that an organ donor is entitled to FMLA leave when the donation involves either inpatient care or continuing treatment. In FMLA2018-1-A, the DOL clarified how employers ...
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Service Animals, Assistance Animals, Comfort Animals—And The Occasional Miniature Horse

Given the menagerie of terms, it is easy to see why some business owners are quite confused about what to do when they are asked to permit an animal in their places of business. Part of the confusion comes from the multitude of federal laws on the topic (not to mention laws passed by some ...
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New Wave of ADA Website Lawsuits

Recently, there have been a slew of lawsuits filed across the country alleging that owners and operators of hotels and other places of lodging are using websites that violate the Americans with Disabilities Act (“ADA”). These lawsuits are different than the wave of lawsuits and demand letters sent to so many hotels and other places ...
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