ADA Website Accessibility: Courts Continue To Provide Clarity, At Cost to Businesses

  • The California Court of Appeals ruled in Thurston v. Midvale Corp. regarding website-related Americans with Disabilities Act (ADA) suits, specifically requiring a restaurant to bring its website into compliance with the Web Content Accessibility Guidelines (WCAG) 2.0.
  • The court adopted the now-majority viewpoint that websites are covered by the ADA when there is a nexus between the website and access to a physical place of public accommodation
  • Prospective plaintiffs are now armed with caselaw out of multiple states establishing that WCAG 2.0 is essentially the
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Employees’ Claim Under the Illinois Biometric Information Protection Act Escapes Arbitration Provision in Employment Agreement

A recent decision by an Illinois appellate court analyzed whether employees’ privacy violation claims fall within their employment agreements’ arbitration provision. At issue was an employer’s use of biometric information collected from its employees and the consequences of doing so in a manner that was allegedly inconsistent with applicable law, and whether those claims are subject to arbitration, rather than litigation in a court of law.  The Illinois Biometric Information Act As the court noted, the Illinois Biometric Information Protection Act was enacted in 2008… Continue Reading