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Jill Ripke defends companies in employment and independent contractor class action matters dealing with claims relating to independent contractor status, misclassification, unpaid overtime, unpaid meal and rest breaks, and unpaid off-the-clock work.

A customer who is blind has sued Five Guys Enterprises in the Southern District of California, claiming that he could not access the Freestyle Coca-Cola soda machine in a Five Guys restaurant.  The parties each filed a motion for summary judgment on the issue of whether Five Guys violated the Americans with Disability Act (ADA), California’s Unruh Act and California’s Disabled Person Act (DPA) when its employees did not offer to help the customer use the soda machine.

Generally, the ADA, and California’s Unruh Act and the DPA require that public accommodations (like a restaurant) ensure that no individual is discriminated against on the basis of a disability.  Public accommodations are required to furnish appropriate auxiliary aids and services to ensure effective communication with individuals with disabilities.  Here, the plaintiff claimed that this meant Five Guys employees should have offered to help him operate the soda machine. 
Continue Reading Court Rules Restaurant Should Have Affirmatively Offered Assistance to a Customer Who Is Visually-Impaired

  • An increasing number of individuals who are deaf or hard of hearing are challenging the absence of closed captioning as a violation of the Americans with Disability Act (ADA).
  • Companies placing video on their websites should consider whether they need to include closed captioning under the ADA.

Computer Keyboard with Glasses

Website accessibility under the ADA continues to be