ADA - HospitalityLawyer.com®

Hospitality Case Review: The Top 100+ Hospitality Cases That Impacted Us in 2018

by Karen Morris in Legal. Posted June 20, 2019

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) ...

A Discussion of Recent ADA and FMLA Cases and Their Practical Implications

by Robert Bernstein in Human Resources, Legal. Posted June 13, 2019

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 ...

Service Animals, Assistance Animals, Comfort Animals—And The Occasional Miniature Horse

by Samuel Lillard in Human Resources. Posted February 23, 2019

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 ...

New Wave of ADA Website Lawsuits

by Jordan Schwartz in Insurance & Loss Prevention, Legal, Lodging, Technology. Posted June 5, 2018

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 ...

Surf’s Up! Don’t Become The Next Victim Of A Surfing Suit

by Michelle Anderson in Food & Beverage, Hotel Development, Insurance & Loss Prevention, Legal, Technology. Posted December 30, 2017

The past few years have seen a steep increase in litigation brought against hospitality businesses under Title III of the Americans with Disabilities Act (ADA). These suits often contend that certain aspects of a building, bathroom, or parking lot do not comply with the ADA’s detailed standards and regulations. With the goal of creating a ...

Recent Verdict Strengthens the Growing Need for Websites to Increase Accessibility to Disabled Individuals

by Garvey Schubert Barer in Legal, Technology. Posted September 21, 2017

A recent case in federal district court in Florida foreshadows the beginning of an expanded reach of Title III of the Americans with Disabilities Act (ADA). As a whole, the Act prohibits discrimination on the basis of disability. Recently, a growing number of lawsuits filed by the Department of Justice (DOJ) and private litigants threatening ...

Two New Free Disability-Savvy Resources from the Mid-Atlantic ADA Center

by Mid-Atlantic ADA in Food & Beverage, Human Resources, Legal. Posted December 21, 2015

Accessible Meetings, Events and Conferences Guide and “at your “at your service” 20-minute film features disability leaders offering tips for customers with a variety of disabilities. For the past nine years, the Mid-Atlantic ADA Center (one of 10 regional ADA information centers of the ADA National Network) has spearheaded the ADA National Network’s “Hospitality Initiative” – ...

EEOC Proposed Rule on Wellness and the Americans with Disabilities Act – What Employers Need to Know

by Constangy, Brooks, Smith & Prophete LLP in Human Resources, Legal. Posted August 6, 2015

The employer community has been waiting for years to receive guidance from the Equal Employment Opportunity Commission on wellness programs and how an employer’s obligations under the Americans with Disabilities Act intersect with its rights and obligations under the Health Insurance Portability and Accountability Act (as amended by the Affordable Care Act). The EEOC finally ...

Lodging Industry Survey on Reasonable Accomodations

by Marian Vessels in Human Resources, Lodging. Posted June 11, 2015

Dear Hospitality Professional: HELLO! The Mid-Atlantic ADA Center at TransCen, Inc., and researchers at the University of Maryland at College Park, are conducting a survey of your experiences with providing reasonable accommodations to employees with disabilities in the hotel and lodging industry. We hope our study’s findings will guide development of training and technical assistance activities for ...

Revisit Food Allergies and Accommodations for Guests and Employees

by Kara Maciel in Food & Beverage. Posted October 29, 2014

A broadly worded settlement agreement between the U.S. Department of Justice and Lesley University extends the Americans with Disabilities Act’s protections to individuals with severe allergies. This new, expansive interpretation of the term “disability” could increase potential legal exposure to failure to accommodate claims under the ADA, making it more important than ever to ensure ...

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