Archive for month: December, 2023

Although the Americans with Disabilities Act was enacted into law over 30 years ago, questions still arise as to who is covered by the statute and what does the law require in eliminating disability discrimination in employment. The courts recently have provided guidance on these matters by addressing what are the essential functions of the job, how extensive is an employer’s obligation to reasonably accommodate a disabled employee, and what constitutes evidence of discrimination. A discussion of these and other ADA court decisions is included in DiMuroGinsberg partner Jonathan R. Mook’s November, 2023 update to his treatise, ADA: Employee Rights and Employer Obligations, published by LEXIS Publishing.

Importantly, the ADA is not limited to rooting out employment discrimination against persons with disabilities. It also prohibits discrimination by public accommodations and commercial facilities, which covers office buildings and manufacturing facilities as well as movie theaters and even cyberspace. Jonathan’s treatise, ADA: Public Accommodations and Commercial Facilities, also published by LEXIS Publishing, provides an in-depth analysis of what steps entities must do to make their buildings and services accessible to those persons with disabilities. Jonathan’s November, 2023 update to that treatise includes a discussion of several interesting cases where the courts came to different conclusions as to whether disabled plaintiffs had standing to pursue claims that the website of a business violated the ADA’s requirements. Additional developing issues include court decisions addressing whether rude behavior toward disabled customers constitutes unlawful discrimination and what constitutes barrier removal that is readily achievable.

If you would like a summary of the recent developments highlighted in Jonathan’s updates to his treatises, entitled “Americans with Disabilities Act: Litigation Update,” please contact Jonathan at jmook@dimuro.com.