The defendants in Association for Disabled Americans v. Reinfeld Anderson Family LTD, PRT, 2015 WL 1810536 (S.D. Fla. 2015) came within minutes of total victory on a motion to dismiss, but failed in the end. The case is a study in ideas with superficial appeal that can actually make things worse. More
ADA FHA Litigation General
Three recent cases from District Courts in California show just how hard it can be to predict what will happen in an ADA case, at least in the early stages. The facts are essentially identical, but the results are diametrically opposed. Is it because the judges have different views of the law? Is it because the lawyers in one case were not as good as the lawyers in the other? The cases leave plenty of room for speculation. What every business should know, however, is that there are no sure things in ADA litigation, and the regulations are more complicated than you might think*.
On its face EEOC v. Abercrombie & Fitch, which was recently argued before the Supreme Court, doesn’t have much to do with the ADA and FHA. It has been generally reported as a case concerning religious discrimination, and seems to have little to do with disabilities. Despite this, the Court’s ruling could have a significant impact on how employers and public accommodations handle reasonable accommodation requests. Putting aside the legalese, the question before the Court is whether “don’t ask, don’t tell” is a reasonable way to deal with those whose religious beliefs, or disabilities are not obvious.
On March 5, 2015 the Ninth Circuit issued an opinion in one of the longest running ADA lawsuits around. Chapman v. Pier 1 Imports (U.S.) Inc., 2015 WL 925586 (9th Cir. Mar. 5, 2015). Like the Home Depot case I wrote about a few weeks ago the issue in Chapman v. Pier 1 concerned obstructions that blocked access and a policy that was supposed to prevent such obstructions. Unlike Home Depot, Chapman v. Pier 1 includes some clear guidelines for businesses that want to make sure they are “walking the walk.”
By Richard Hunt in Accessibility Litigation Trends, ADA, ADA FHA Litigation General, ADA Internet Web, ADA regulations, Reasonable accommodation Tags: accessible software, ada litigation, ada violation, internet, Lyft, Smartphone App, uber, World Wide Web
Or at least businesses that use apps to broker goods and services. In a decision dated February 20, 2015 the United States District Court for the Western District of Texas denied a second Motion to Dismiss filed by the ride sharing services Lyft and Uber. Ramos v. Uber Technologies, Inc., 2015 WL 758087 (W.D. Tex. Feb. 20, 2015). The Court does not reach a conclusion as to whether these services are subject to the ADA, but it’s approach indicates that the battles over smartphone apps and the ADA are going to be lengthy and expensive.