For several years, businesses have been beset with litigation by disabled individuals who claim the businesses’ websites are inaccessible. Many of these serial plaintiffs are now turning their attention to public entities and their websites. These plaintiffs have begun targeting cities, towns, and counties/parishes, arguing that their websites are inaccessible, most often for the visually or hearing impaired. Although the ADA only allows such a plaintiff injunctive relief, as opposed to damages, it also allows him to recover his attorneys’ fees. (New York and California, two of the states with the greatest number of ADA accessibility lawsuits, also allow plaintiff’s to recover monetary damages.) Continue reading “Claims Against Public Entities Under ADA Website Accessibility Standards Are Exploding” →

Hopefully, you will recall my prior update regarding an employer’s obligation under the Fair Credit Reporting Act to provide an applicant with a copy of the consumer report and a summary of their rights before taking adverse action. (Refer to “The Fair Credit Reporting Act is Tricky” of 12/5/2018). Well, a recent case shows that the FCRA is not only tricky, but it can also be incredibly expensive. Continue reading “The Fair Credit Reporting Act: We’re Not Done Yet” →

Now that the government is back in business, at least for the time being, employers have until February 11, 2019, to create cases in E-Verify for employees hired during the government shutdown.

When entering these cases into E-Verify, employers should use the hire date from the employee’s Form I-9. If the case creation date is more than three days after the date the employee began working for pay, select “Other” in the drop-down menu. Enter “E-Verify Not Available” as the specific reason. Continue reading “It’s Time to Create Your E-Verify Cases” →

For several years, businesses have been beset with litigation by disabled individuals who claim the businesses’ websites are inaccessible. Many of these serial plaintiffs are now turning their attention to public entities and their websites. These plaintiffs have begun targeting cities, towns, and counties/parishes, arguing that their websites are inaccessible, most often for the visually or hearing impaired. Although the ADA only allows such a plaintiff injunctive relief, as opposed to damages, it also allows him to recover his attorneys’ fees. (New York and California, two of the states with the greatest number of ADA accessibility lawsuits, also allow plaintiffs to recover monetary damages.) Continue reading “Claims against Public Entities under ADA Website Accessibility Standards Are Exploding” →