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ADA Website Compliance Issues – Best Strategies for Employers
Presented by Jordan B. Schwartz and Megan S. Shaked

The pandemic has not slowed down lawsuits filed against hotels and other places of public accommodation alleging violations of the Americans with Disabilities Act (“ADA”). Hundreds of lawsuits continue to be filed against hotels for their failure to identify and describe accessible features at their properties in sufficient detail on their websites. In a new twist, many of these lawsuits now also allege that Online Travel Agencies (“OTAs”) such as Orbitz or Expedia fail to provide information about the accessible amenities of the hotel, including its rooms, to individuals with disabilities, or fail to allow an individual with a disability to book an accessible guestroom. While it may seem counterintuitive that a Hotel would be responsible for the information provided on the OTAs website, that often is the case.

A ton of ADA lawsuits also continue to be filed alleging that hotel websites cannot be used by individuals with visual or hearing impairments. Thus, it is extremely important that businesses ensure the accessibility of their websites while also providing an appropriate “accessibility statement” explaining to users the steps you have taken to improve your website’s accessibility.

Unfortunately, there is no sign that these types of lawsuits are slowing down. Serial plaintiffs continue to file dozens of these lawsuits each and every day. This presentation will present practical tips and cost-effective strategies for managing the risk of ADA-related litigation in this ever-evolving area of the law.

Participants will learn:

• How to draft an appropriate website accessibility statement
• What accessible features to list on your website to reduce your legal exposure
• What questions to ask OTAs to ensure that they are not creating liability for your property
• The practical impact of the Eleventh Circuit’s ruling in Gil v. Winn Dixie
• Best practices for ensuring that your website is accessible

May 18, 2021 01:00 PM in Eastern Time (US and Canada)

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Jordan B. Schwartz
Partner, Labor • Employment Practice @Conn Maciel Carey LLP
Jordan B. Schwartz is a partner in Conn Maciel Carey’s national Labor • Employment Practice Group. He focuses his practice on representing employers in all aspects of the employment relationship. Mr. Schwartz works to create workplace solutions for his clients across all industries. He defends employers in litigation at both the federal and state levels, including matters related to ADA, FLSA, FMLA, Title VII, and affirmative action/OFCCP regulations. He advises clients regarding the protection of trade secrets and the misappropriation of confidential or proprietary information, both defending employers and pursuing enforcement against former employees. When relevant, Mr. Schwartz provides advice and counsel to unionized and non-unionized workplaces regarding the employer’s rights under the National Labor Relations Act.
Megan S. Shaked
Associate, OSHA and Labor & Employment Practices @Conn Maciel Carey LLP
Megan S. Shaked is an associate in the San Francisco office of Conn Maciel Carey LLP. She represents employers on a wide range of employment matters, including claims of discrimination and harassment, wrongful termination, wage and hour violations and whistle blowing. She also represents clients against claims brought by patrons alleging lack of accessibility under Title III of the ADA and the California Unruh and Disabled Persons Acts.