New California Bill Would Create Website Accessibility Obligations for Businesses Nationwide

By Jordan B. Schwartz

As our blog readers are aware, website accessibility claims have been on the rise for the past decade, with no end in sight.  To make matters worse, there is a new bill making its way through the California assembly that will exacerbate these types of claims.  And, although the bill is state-specific, it would have consequences throughout the country. Indeed, if passed, this bill would immediately create liability for businesses everywhere, so long as those businesses’ websites have California-based visitors.  In other words, virtually every business with a representative reading this blog would be affected.

By way of background, the U.S. Department of Justice has emphasized that businesses should make websites accessible to the disabled and has emphasized that businesses should do so by relying on a set of accessibility guidelines called the Web Content Accessibility Guidelines (“WCAG”). Last year, the DOJ issued what it termed “helpful guidance” on website accessibility, stating that businesses have “flexibility in how they comply with the ADA’s general requirements of nondiscrimination and effective communication.”

In contrast, this proposed new CA law takes a much stricter and more rigid approach.  Specifically, Continue reading

The State of the Law Regarding Marijuana and Drug Testing [Webinar Recording]

On Tuesday, July 18th, Dan Deacon and Ashley Mitchell presented a webinar covering The State of the Law Regarding Marijuana and Drug Testing.

Recreational and medicinal marijuana are here to stay. Each year, it seems that several new jurisdictions legalize marijuana use in some form and momentum continues to build for change on the federal level. As such, it appears to be only a matter of time before marijuana is legalized throughout the entire country. However, with these changes comes the potential for more employees to be under the influence of both legal and illegal drugs at the workplace. So, what can employers do to maintain a safe workplace? What restrictions are there for testing employees for drug use? Can employers really impose a drug-free workplace policy considering these seemingly pro-marijuana laws?

This webinar explored the changing legal landscape concerning marijuana, analyze potential issues related to zero-tolerance policies and review tips for developing effective drug testing policies that will comply with fair employment laws as well as OSHA regulations.

Participants in this webinar learned: Continue reading

Practical Advice for Responding to Administrative Charges of Discrimination and Retaliation [Webinar Recording]

On Wednesday, November 16, 2022, Lindsay A. DiSalvo and Megan S. Shaked presented a webinar regarding Practical Advice for Responding to Administrative Charges of Discrimination and Retaliation.

When an administrative agency, like the federal Equal Employment Opportunity Commission (“EEOC”), receives a complaint of discrimination or retaliation, the employer is given an opportunity to respond and provide information/evidence pursuant to the agency’s investigation of the complaint. In its response, the employer can explain why the action taken against the employee was legitimate or did not occur as alleged. These responses are an opportunity for the employer to provide sufficient information to avoid further action by the administrative agency or potentially litigation of the claim(s). A strong response could demonstrate there is no support for the complaint and resolve the complaint in a favorable manner for the employer. However, these responses can also create a written record of admissions to which the agency can hold the employer accountable, and any supporting documentation may be closely scrutinized and used to establish liability. Thus, employers must be thoughtful in sharing information at this early stage and should ensure there is a procedure in place for managing and developing these responses.

Participants in this webinar learned about: Continue reading

How to Best Ensure ADA Compliance for Your Property’s Website [Webinar Recording]

On Wednesday, September 21, 2022, Jordan B. Schwartz and Megan S. Shaked presented a webinar regarding How to Best Ensure ADA Compliance for Your Property’s Website.

Another year has gone by, and yet the lawsuits filed against hotels and other places of public accommodation alleging violations of the Americans with Disabilities Act (“ADA”) continues to increase. We still see hundreds of lawsuits filed each month against hotels for their failure to identify and describe accessible features at their properties in sufficient detail on their websites. Many of these lawsuits continue to allege that Online Travel Agencies (“OTAs”) such Expedia, Hotels.com, or Orbitz fail to provide information about the accessible amenities of the hotel, including its rooms, to individuals with disabilities, or fail to allow an individual with a disability to book an accessible guestroom. While it may seem counterintuitive that a Hotel would be responsible for the information provided on the OTAs website, that often is the case.

A ton of ADA lawsuits also continue to be filed every day alleging that hotel websites cannot be used by individuals with visual or hearing impairments (in particular websites that utilize PDFs). Thus, it is extremely important that businesses ensure the accessibility of their websites while also providing an appropriate “accessibility statement” explaining to users the steps you have taken to improve your website’s accessibility.

During this webinar, participants learned: Continue reading

[Webinar] How to Best Ensure ADA Compliance for Your Property’s Website

On Wednesday, September 21, 2022 at 1 p.m. EST, join Jordan B. Schwartz and Megan S. Shaked for a webinar regarding How to Best Ensure ADA Compliance for Your Property’s Website.

Another year has gone by, and yet the lawsuits filed against hotels and other places of public accommodation alleging violations of the Americans with Disabilities Act (“ADA”) continues to increase. We still see hundreds of lawsuits filed each month against hotels for their failure to identify and describe accessible features at their properties in sufficient detail on their websites. Many of these lawsuits continue to allege that Online Travel Agencies (“OTAs”) such Expedia, Hotels.com, or Orbitz fail to provide information about the accessible amenities of the hotel, including its rooms, to individuals with disabilities, or fail to allow an individual with a disability to book an accessible guestroom. While it may seem counterintuitive that a Hotel would be responsible for the information provided on the OTAs website, that often is the case.

A ton of ADA lawsuits also continue to be filed every day alleging that hotel websites cannot be used by individuals with visual or hearing impairments (in particular websites that utilize PDFs). Thus, it is extremely important that businesses ensure the accessibility of their websites while also providing an appropriate “accessibility statement” explaining to users the steps you have taken to improve your website’s accessibility.

During this webinar, participants will learn about: Continue reading

A Chat with EEOC Commissioner Keith Sonderling: Artificial Intelligence in the Workforce in 2022 and Beyond [Recording]

​On Tuesday, June 7, 2022, Kara Maciel and Jordan Schwartz presented a very special bonus event in Conn Maciel Carey’s 2022 Labor and Employment Webinar Series in the form of a panel webinar program regarding The Impact of Artificial Intelligence on the Workforce in 2022 and Beyond.

Presented by
Conn Maciel Carey LLP with Special Guest
EEOC Commissioner Keith Sonderling

On May 12, 2022, the EEOC issued a Technical Assistance (“TA”) document entitled, “The Americans with Disabilities Act (“ADA”) and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees” focused on providing “clarity to the public regarding existing requirements” under the ADA and agency policy. This is the first guidance document the EEOC has issued regarding the use of Artificial Intelligence (“AI”) in employment decision-making since announcing its Al Initiative in October 2021.

It’s no secret that more employers have turned to AI to enhance their work processes over the years. An estimated 83% of employers have Continue reading

[Panel Webinar] A Chat with EEOC Commissioner Keith Sonderling: Artificial Intelligence in the Workforce in 2022 and Beyond

​Join Kara Maciel and Jordan Schwartz on Tuesday, June 7th at 2 PM ET for a very special bonus event in Conn Maciel Carey’s 2022 Labor and Employment Webinar Series in the form of a panel webinar program regarding The Impact of Artificial Intelligence on the Workforce in 2022 and Beyond.

Presented by
Conn Maciel Carey LLP with Special Guest
EEOC Commissioner Keith Sonderling

On May 12, 2022, the EEOC issued a Technical Assistance (“TA”) document entitled, “The Americans with Disabilities Act (“ADA”) and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees” focused on providing “clarity to the public regarding existing requirements” under the ADA and agency policy. This is the first guidance document the EEOC has issued regarding the use of Artificial Intelligence (“AI”) in employment decision-making since announcing its Al Initiative in October 2021.

It’s no secret that more employers have turned to AI to enhance their work processes over the years. An estimated 83% of employers have Continue reading

Religious and Disability Accommodations in Response to COVID-19 Mandates [Webinar Recordings]

On Thursday, April 7, 2022, Andrew J. Sommer and Lindsay A. DiSalvo presented a webinar regarding Religious and Disability Accommodations in Response to COVID-19 Mandates.

Employee requests for medical and/or religious accommodations in the workplace are not new. However, never before have these accommodation requests been such a hot-button topic, nor have these accommodation requests been used so frequently (and in particular, religious accommodation requests). The imposition of COVID-19 vaccine mandates has changed that, particularly with regard to religious accommodation requests, which has become the ultimate “gray area,” as both employers and employees alike have learned that sincerely held religious belief can include an employee’s religious-based objection to vaccinations. As a result, the Equal Employment Opportunity Commission (“EEOC”) has issued guidance regarding the obligations of employers under Title VII when an employee presents with a religious objection to a mandatory COVID-19 vaccination policy, which actually builds upon prior EEOC guidance regarding COVID-19 vaccinations in the employment context. Thus, there are multiple issues that employers need to keep in mind and juggle when addressing these vaccination accommodation requests.

Participants in this webinar learned how to best deal with such requests by their employees, including: Continue reading

Conn Maciel Carey’s 2022 Labor and Employment Webinar Series

2022 LE Webinar Series

Announcing Conn Maciel Carey’s 2022 Labor and Employment Webinar Series

The legal landscape facing employers seems as difficult to navigate as it has ever been.  Keeping track of the ever-changing patchwork of federal, state and local laws governing the workplace may often seem like a full-time job whether you are a human resources professional, in-house attorney or  business owner.  Change appears to be the one constant.  As we enter Year 2 of President Biden’s Administration, employers will continue to closely track the changes taking place at the NLRB, the DOL and the EEOC.  At the same time, a number of states will continue introducing new laws and regulations governing workplaces across the country, making it more important than ever for employers to pay attention to the bills pending in the legislatures of the states where they operate.

​Conn Maciel Carey’s complimentary 2022 Labor and Employment Webinar Series, which includes monthly programs (sometimes more often, if events warrant) put on by attorneys in the firm’s national Labor and Employment Practice, will focus on a host of the most challenging and timely issues facing employers, examining past trends and looking ahead at the issues most likely to arise.

To register for an individual webinar in the series, click on the link in the program description below. To register for the entire 2022 series, click here to send us an email request, and we will register you.  If you missed any of our programs from the past seven years of our annual Labor and Employment Webinar Series, here is a link to an archive of recordings of those webinars. 

2022 Labor and Employment Webinar Series – Program Schedule

Continue reading

Employment Law Implications of the OSHA ETS: Paying for COVID-19 Testing

By Conn Maciel Carey’s COVID-19 Taskforce

As the OSHA COVID-19 Vaccination and Testing emergency temporary standard (“ETS”) works its way through the courts in pending legal challenges, employers are still scrambling to position themselves in the event the ETS goes back into effect.  (Review our Employer Defense Report and OSHA Defense Report for full background on the ETS and the most recent updates on its current status.)  A key issue to consider is the cost of testing.

Background

Should the ETS go back into effect, employers with 100 or more employees must implement a program to facilitate (1) a COVID-19 vaccination requirement for all employees (known as a “hard mandate”) or (2) a combination of a COVID-19 vaccination requirement and weekly testing, plus face covering requirement, for those employees who choose not to get vaccinated (known as a “soft mandate”).  Under this soft-vaccine mandate, an employee may only report to the workplace after demonstrating either: proof of being fully vaccinated; or for employees who do not get vaccinated or decline to share their vaccination status, proof of a negative COVID-19 test result from within the last week.  Employees who are not fully vaccinated must also wear face coverings when indoors and when occupying a vehicle with another person for work purposes.

Under the ETS, a COVID-19 test must be: Continue reading