You might have heard that abuse of the Americans with Disabilities Act (“ADA”) is a big problem in California. It is true. In fact, there were over 2,500 ADA lawsuits filed in California federal courts against business owners and property owners in 2016 alone. The Best Defense is a Good Offense...
Recently, the California Legislature enacted Assembly Bill 1521 (effective October 10, 2015) to limit the practice of high-volume lawsuits motivated by the goal of obtaining quick settlements with business owners, rather than correcting violations of construction-related accessibility standards....
This article explains the reciprocal nature of the ethical requirements governing all Tax Professionals. It also explains a taxpayer’s rights when confronted with unethical and inappropriate conduct. It then explains the tools available to Tax Professionals to report any ethical violations. Finally,...
Discrimination in California Business Establishments: What to do if you are denied service at a business because of your sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation or to persons regardless of their genetic information,...
ADA Compliance is Mandatory Every business, open to the public, must comply with all ADA rules and regulations. A common misconception of business owners is that there are state agencies which monitor and regulate ADA compliance. This is not the case. A business owner is responsible, on their own,...
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,...
People often do not realize that in the legal world, “disability" is a term of art, with a very specific meaning. In fact, it has several different specific meanings, depending on the context. “Disabled" has one meaning for the purposes of the Americans with Disabilities Act, another for the...
This guide summarizes some important differences between the employment-related disability laws in the California Fair Employment and Housing Act, Government Code sections 12900, et seq. (FEHA) and the federal Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA), as of...
Researchers and some employers are using technology to measure the incidence and health impact of worker inactivity due to long periods behind the wheel of a car, or in front of a computer. This article from the online publication MIT Technology Review covers some of the measuring methods in use,...
A “participation-only" wellness program established by Florida’s Broward County for its employees survived a class-action challenge by a former employee who refused to participate in the program. Seff v. Broward County , Case No. 10-61437-CIV-MOORE/SIMONSON (S. D. Fla. Apr. 11, 2011). The wellness...
