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Digital Accessibility
Legal Update
3Play Media | November 12, 2020
Lainey Feingold | LFLegal.com | @LFLegal
[No legal advice in this presentation]
Why Law?
Accessibility is a
civil right of
disabled people **
** Tom Olin | Capitol Crawl 1990
Civil right because….
Inclusion
Participation
Communication
vs
Exclusion
ADA @ 30
1990 1996 2000 2008 2012 2020
Regulations?
Yes!
No!
Beyond the ADA (US)
Section 504 | 508
Air Carriers Access Act
State laws
Anti-discrimination
State-funded
False claims
??
Beyond the US
 LFLegal post
[updates needed!]
 WAI post [updates
needed!]
Implementation
Recent Accessibility Wins
Citizenship
HBO Audio Description
Joining Netflix and others
Reached in Structured
Negotiation
Amazon
Employee
 Remote
Customer
Service job
 blind employee
Patreon web + app
WCAG
ATAG
Beyond the web
 Social Security
Administration
Kiosks
 Kiosk article on
LFLegal.com
(updated since
2018)
Latest credit union skirmish
California court of appeal
Case goes forward, no
ADA regulations needed
Cases to watch
Domino’s Pizza
Motions in January
Trial in July
Walmart self-check
Engaged in discovery
66 million dollar website
Motions due June 7,
2021
 Trial date September 13,
2021
Cloud payroll system lawsuit
Gimlet podcast lawsuit
Jones v. Gimlet
Winn-Dixie appeal
Beware
Beware the “Online
Accessibility Act”
Beware the Overlay
Ethical Accessibility
The Numbers
What might the Biden/Harris win mean for digital
accessibility?
 President-Elect #a11y
statement
 A better DOJ
 Resolving ADA claims
 Protecting rights in court
 Project civic action
 Better Judges
 Possible regulations that
protect rights
 Section 508 enforcement
 ACA §1557 | DOE
 Other agencies
Stay in touch!
Lainey Feingold
@LFLegal
LFLegal.com/contact
LFLegal.com/speaking
LF@LFLegal.com

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Digital Accessibility Legal Update: Recent Wins and Cases to Watch

Editor's Notes

  1. Whatever your role is in the cookie – you are either a civil rights champion or someone choosing exclusion
  2. – non-discrimination /// effective communication /// no regulations Fraud Consumer protection Unfair competition Product liability Tax payer funding
  3. Sharing out a report from the U.S. Department of Labor analyzing trends for the #employment of people with #disabilities (PWDs) during #covidー19. Key takeaways include: unemployment rate for PWDs more than doubled from 7.8% in Jan 2020 to 18.9% in Apr 2020, then declined to 14.3% in July 2020. Limited telework opportunities for PWDs contributed to negative outcomes. #employmentTrends #unemploymentRate #teleworking
  4. Domino’s just pushed the trial back from December to next July (of course only after pretrial filings had begun…) and the summary judgment motions hearing from today to January.
  5. June 7, 2021:   Last day to file dispositive motions; • September 13, 2021: First day of trial.
  6. DOJ action? E DOJ regulations?