The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal disability law, whether a lateral job transfer can be discriminatory, the extent of federal agency power, and the standard for proving retaliation in whistleblower cases. More employment and labor cases will surely be added to the docket, but for now, you should keep an eye on these four issues.
- Can an ADA Accommodation “Tester” Sue a Business She Never Planned to Visit?
The Supreme Court agreed to weigh in on whether a private citizen can serve as a legal “tester” that goes from business to business looking for – and suing for – alleged violations of the Americans with Disabilities Act (ADA), even if they have no intent of patronizing the business. A hotel in Maine is challenging a federal appeals court ruling in favor of a so-called “accessibility tester” who has filed hundreds of such lawsuits against hotels even though she never planned to stay at their properties.
Why is the case significant for hospitality, retail, and just about any other business with a physical location – and possibly just a website? The ADA doesn’t require claimants to notify you of alleged violations that would give you a chance to fix the problem before a lawsuit is filed. That means many businesses are caught off guard when served with a lawsuit. Worse, they may spend...
Read Full Story:
https://news.google.com/rss/articles/CBMiUWh0dHBzOi8vd3d3Lmpkc3VwcmEuY29tL2xl...
