Articles

website accessibility

Municipalities and universities new targets in ADA website accessibility lawsuits

For years, private businesses have faced demand letters and litigation over the accessibility of their websites by individuals with disabilities, with 2018 seeing a record number of website accessibility lawsuits under the Americans with Disabilities Act.  Now, plaintiffs’ firms are focusing on new targets, including municipalities, county governments, and universities. People with disabilities access websites…

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The Need for Speed: Ruling offers guidance for companies seeking injunctions to protect trade secrets

Customers, trade secrets, and proprietary information are the lifeblood of any company. For this reason, companies routinely have employees sign confidentiality agreements and, to the extent they are enforceable, non-solicitation and non-competition agreements. There is often a race to the courthouse to get an injunction when there is a threat of a former employee misappropriating…

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employee lie detector test

The truth about lie detectors in the workplace

When something goes missing from the workplace, it may be tempting to turn to every detective show’s favorite cliché, the polygraph test. But are employers allowed to utilize such an examination? Congress addressed this question when it enacted the Employee Polygraph Protection Act of 1988 (EPPA), 29 U.S.C. § 2001 et seq. In general, the…

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What retaliation standard applies to employers?

Employee accusations of retaliation are some of the most dangerous claims to be levelled against employers. A recent appeals court decision that applies to Oklahoma employers holds that retaliation claimants must satisfy a specific standard in order to prevail in a retaliation lawsuit. City reorganizes law department In 2010, the City of Wichita, Kansas, was…

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Greater enforcement employment laws

On The Horizon: Greater enforcement of employment laws

Despite everything we’ve heard about deregulation, federal employment agencies ramped up their activity during 2018. And according to early indications, employers should expect the same trend in 2019. Here are a few examples. Equal Employment Opportunity Commission In 2018, the EEOC spent considerable effort whittling down its backlog of discrimination charges and investigations. The Commission…

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OSHA clarifies permissibility of post-accident drug testing, safety incentive programs

For years, employers assumed they were entitled to drug-test employees after they were injured or were involved in a workplace accident … then things became more uncertain. When the Occupational Safety and Health Administration first announced it viewed post-accident drug testing as potentially unlawful a couple of years ago, employers and business groups filed lawsuits…

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DOJ confirms websites are covered by ADA, but offers some flexibility to businesses in complying

Hundreds of recent lawsuits have claimed that companies must have websites that are accessible to disabled individuals. The idea is that a website is a place of public accommodation under Title III of the Americans with Disabilities Act (ADA), and therefore must be accessible for all. Common website problems, including incompatibility with screen-reading software, may…

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National Labor Relations Board Boeing memo

NLRB memo offers clarity, good news for employer‑issued policies

For employers, the National Labor Relations Board’s rules for interpreting employer policies have been among the most difficult to navigate the last 15 years. The Board utilized a “reasonably construe” test that resulted in the Board ruling that many policies employers considered basic and non-controversial were unlawful unfair labor practices violating employees’ collective rights under the National Labor Relations Act (NLRA). However, last December, the Board announced a new test for determining whether employer policies are unlawful for interfering with employees’ rights to join together to engage in concerted activities for mutual aid or protection.

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