It’s often assumed that all civil rights laws forbid discrimination which the law considers somehow wrongful or “invidious” while ignoring the fact that many “civil rights laws” actually require discrimination. McDonald’s assumed that it complied with the Americans with Disabilities Act (“ADA”) by serving only customers in cars at the drive through window at its late-night outlets because it was not wrongfully discriminating against disabled customers who couldn’t drive. Thus, McDonald’s claimed that it complied … Read more
Feb 22, 2017
May 11, 2015
It’s fun to see lawyers and courts suddenly waking up to discover that they have been chronically violating the same laws many private employers have struggled under for years, such as the Americans with Disabilities Act or “ADA”.
As the American Bar Association Journal (ABA) reported, many state bar associations, under the supervision of their respective state supreme courts, have regularly inquired about the mental health history of applicants for admission to their state’s bar … Read more
May 14, 2013
The Americans with Disabilities Act, the “ADA”, applies to places of public accommodation. Until recently courts had consistently dismissed claims that commercial websites were places of public accommodation subject to the Act and thus legally required to be “accessible” to the disabled.
Recently, that has begun to change. Courts are no longer invariably dismissing such claims. Large and established businesses such as Target and Netflix have settled ADA claims based on the inaccessibility of … Read more