The Americans with Disabilities Act in the Digital Age

(820 Ratings)

Produced on: March 18, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 94 minutes
Difficulty Intermediate

When President George Bush signed the Americans with Disabilities Act into law over 25 years ago, the primary goal was to provide physical access to businesses’ goods and services. The Internet and other technologies that are an integral part of our daily lives did not exist. Today, those technologies provide so many conveniences and opportunities but also present great legal risks. Enforcement agencies and private litigants have increasingly brought to the forefront the issue of whether—and to what extent—the ADA requires new technologies like websites, point of sale devices, self-service kiosks, mobile apps, and the like to be accessible to individuals with disabilities. With scant regulatory authority, undeveloped case law, and constantly arising issues posed by new technology, businesses find themselves in murky legal waters. In the last few years, there has been a definitive uptick in the number of complaints, lawsuits, and enforcement actions relating to the accessibility of electronic information technology by individuals with disabilities. The Department of Justice has always pressured businesses behind the scenes to make their websites accessible, but is now actively pursuing enforcement actions, and intervening in private actions, even though the DOJ has not issued even proposed regulations that would define what constitutes an accessible website.

 

In this seminar, ADA Title III expert Kristina Launey of Seyfarth Shaw LLP provides necessary legal background and tips and strategies to help businesses spot and manage the risks they face in complying with the Americans with Disabilities Act’s, and other applicable laws’, accessibility requirements for technology.

 

Learning Objectives: 

I.     Understand the statutory and regulatory background of the ADA and other accessibility laws 

II.    Identify the ADA’s legal requirements for, and application to, various technologies, including point of sale devices, self-service kiosks, websites, and mobile applications 

III.   Discuss recent lawsuits, enforcement actions, and settlements concerning these technologies 

IV.   Observe practical steps businesses can take to comply with ADA requirements and minimize litigation exposure

 

Faculty

Kristina M. Launey

Seyfarth Shaw LLP

Kristina is in the Labor & Employment Department of Seyfarth Shaw LLP and Managing Partner of the Sacramento office. She is an efficient and effective litigator and counselor, specializing in all aspects of employment law, who provides clients with options and helps them achieve results in light of their businesses realities.

In her counseling practice, Kristina facilitates employers’ compliance with all federal and state employment laws, such as those governing reasonable accommodations, leaves of absence, payment of wages, workplace violence, privacy, and exemptions. She also represents clients before a variety of administrative agencies, including the EEOC, DFEH, DOL, and DLSE.

Kristina also has extensive experience litigating single, multi-plaintiff, and class actions in federal and state courts involving, as exemplar, discrimination, harassment, and retaliation, to employment torts, contract, and wage and hour claims, arising under Title VII, Sections 1981 and 1983, the ADEA, FLSA, ADA and California’s FEHA, Labor code, and other Codes and regulations. She also has experience litigating RICO, ERISA, contract and wrongful death cases. In addition to resolving matters through litigation, Kristina frequently helps clients resolve disputes through various alternative dispute resolution methods.

A member of Seyfarth’s ADA Title III Specialty Team, Kristina regularly advises and defends clients in litigation arising under Titles II and III of the Americans with Disabilities Act and related California disability access laws - the Unruh Act and Disabled Persons Act. Specifically, she has defended disability access lawsuits ranging from the very complex and contentious to those resulting in relatively simple settlements. Her Title III clients include a large non-profit symphony, hotels, restaurants, retailers, financial service providers, manufacturers, investment companies, property owners, salons, gas stations, and technology companies. Kristina has counseled clients on issues ranging from the creation of a new product and configuring special event design to comply with disability access laws, to compliance with service animal, reservations, effective communication, ticketing requirements of California law and the ADA 2010 Standards, to cutting-edge such as website accessibility and other accessible technologies. 

Ms. Launey practiced employment law prior to joining Seyfarth as a Deputy in the California Legislative Counsel’s Office, where she drafted legislation affecting employers, advised the Legislature on compliance with employment laws, and supervised outside counsel in litigation. Through her current work as Seyfarth’s California Legislative Team Leader, she helps employers understand, navigate, and implement the requirements of new legislation that impacts the way they do business in California.

Education

  • J.D., University of California, Davis, King Hall School of Law (2002)
  • B.A., University of California, Berkeley (1999

Admissions

  • California

Courts

  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Central District of California
  • U.S. Court of Appeals for the Ninth Circuit

Reviews

ME
Mary E.

Thank you--good coverage of niche topics

SE
Susan E.

Great presentation.

LH
Lisa H.

Excellent presenter. Organized and clear.

JM
J. M.

Excellent program

MT
Michael T.

Interesting issue(s) clearly explained.

RM
Richard m.

Very interesting issues presented

JT
John T.

Great presentation, thank you.

JL
Jose L.

Great

JM
James M.

Great work! Very informative and clear.

KW
kerri w.

great class

BC
Barbara C.

Very helpful and informative. I recommend highly.

DI
Diane I.

Very interesting program.

JF
Joel F.

the written material was VERY good.

JB
Julie A. B.

Shared important information on this topic in a knowledgeable and pleasant manner.

RW
Robin W.

Fabulous CLE! So informative! A must for any attorney!

DB
Donald B.

Terrific, well-informed and well-delivered coverage of topic.

ES
Ellen S.

more on the ADA.

SC
Stanley J C.

Excellent presentation.

MS
Michael S.

Great lecturer Clear, smart

JB
Jonathan B.

Good course.

TM
Theresa M.

excellent presentation

PB
pat b.

Excellent!

LG
Lawrence G.

very helpful.

GC
Gerald C.

good

HV
Henry V.

Great overview of litigation

RS
Rodney S.

Informative

RC
Richard C.

Good speaker. Very good material.

MB
Marc B.

excellent content and speaker

SM
Susan M.

Excellent presentation.

MS
Michael S.

Excellent presentation.

AA
Angela A.

The topic matter was presented in a clear and concise manner and the course will be quite valuable in my day to day practice.

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