Disability Access Litigation

In recent years, lawsuits based on alleged technical violations of the Americans with Disabilities Act (ADA), California’s Unruh Civil Rights Act, and Disabled Persons Act have flooded state and federal courts. Unfortunately, not all of these cases are being filed because access barriers actually exist or to enforce the spirit and purpose of the law, but rather because plaintiffs are seeking the penalty damages and attorney fees that these laws stipulate.

Weintraub Tobin attorneys focus on helping owners and operators of public accommodations create strategies to limit exposure to these lawsuits.  Experienced transactional attorneys work with clients to ensure that during the negotiation of real estate sales and/or lease agreements, the documents address disability access issues and the allocation of responsibility between the parties in the event that repairs are necessary or a lawsuit is filed.

Our attorneys are well-versed in the legal standards set forth by state and federal disability access laws and we have a wide network of compliance consultants and experts. Our attorneys and compliance experts work proactively with owners and operators of public accommodations to comply with the requirements of state and federal disability access laws and avoid litigation.

In cases where litigation cannot be avoided, our attorneys have extensive experience defending owners and operators in various types of ADA and disability access lawsuits. We are familiar with the practices of well-known ADA plaintiffs and their attorneys throughout California and can aid owners and operators in successfully defending cases brought by them.

One of the newest forms of disability access litigation has arisen around access to websites.  The Web Content Accessibility Guidelines (WCAG) were established to provide a compliance structure for businesses to make their content accessible for visitors with visual or aural disabilities. Even as businesses are working to incorporate these complex and highly technical updates, access lawsuits are being filed. We have brought the Weintraub Tobin website into compliance with WCAG at level AA.  Look for the access icon in the top right corner of this site to see how website access compliance works.

We work closely with clients and consultants to ensure compliance and to resolve cases in a prompt and cost-effective manner. We are also experienced in defending these cases when going to trial is a better option than settlement.

 

 

 
 
Employment Law Update – 2014 A Year in Review | 2015 An Interesting Year Ahead (Newport Beach)

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015.

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Upcoming Speaking Engagement: Healthcare Reform, The Law & Wellness: It’s Still Crunch Time

Labor & Employment attorney Beth West will speak at this SACTO workshop, which will equip you with the resources, tools, and knowledge you need to get your business ready for a healthier,

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Upcoming Seminar: Overtime or No Overtime: How to Properly Analyze the Exempt Status of Employees

Download: Flyer – Overtime or No Overtime How to Properly Analyze (1656900).pdf Summary of ProgramThe ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime,

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Upcoming Seminar: The Intricacies of Wage and Hour Laws for Non-Exempt Employees

Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations.

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14 Weintraub Tobin Attorneys Named to Best of the Bar 2019

  SACRAMENTO, California  – Weintraub Tobin congratulates its 14 attorneys who have been included in Sacramento Business Journal’s Best of the Bar 2019. Attorneys selected to the 2019 Best of the Bar list include Gary L.

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Weintraub Tobin and Waldron & Bragg Merge

Download: WTWB Merger Press Release FINAL.pdf Weintraub Tobin Chediak Coleman Grodin Law Corporation and Waldron & Bragg, a professional corporation, have jointly announced the merger of their business law and litigation firms.

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Weintraub Tobin Raises Money for American Heart Association

Heart Walk Logo For a third year in a row, Weintraub Tobin is working to raise funds for cardiovascular diseases and stroke by partaking in the American Heart Association Heart Walk on Saturday,

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Eight Shareholders Named 2014 Best Lawyers in America®

Weintraub Tobin Chediak Coleman Grodin, a business law and litigation firm, is pleased to announce that eight of its partners were recently selected by their peers for inclusion in the 2014 edition of Best Lawyers in America®.

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Seven Weintraub Tobin Attorneys Included in the Top 25 List by Super Lawyers

Download: Super Lawyers 2013.pdf SACRAMENTO, Calif., July 8, 2013 – Weintraub Tobin Chediak Coleman Grodin, a business law and business litigation law firm congratulates seven attorneys on being named as one of the Top 25 Sacramento Super Lawyers of 2013.

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It’s Official – Weintraub Merges with San Francisco Firm Tobin & Tobin

Weintraub Genshlea Chediak Law Corporation and Tobin & Tobin, a professional corporation, jointly announce the merger of their business law and litigation firms. The combined firm will be named Weintraub Genshlea Chediak Tobin &

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Weintraub’s L&E Law Blog is in the Top 25

By: Chuck Post labor-employment-law-topblog-220x180_jpg-550×0 Over the last year, Weintraub Genshlea Chediak has tripled the size of its employment law department. In addition to enhancing the services we can provide to our clients,

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Seven Weintraub Genshlea Chediak Attorneys Named in Best Lawyers of America for Sacramento

Weintraub Genshlea Chediak congratulates all of the attorneys who were included in the distinguished list of 2011 “The Best Lawyers in America®” for Sacramento: Banking Law Joseph S. Genshlea Bet-the-Company Litigation Joseph S.

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Twelve Weintraub Genshlea Chediak Attorneys Honored as Northern California Super Lawyers and Rising Stars

SACRAMENTO, Calif., July 14, 2010 – Weintraub Genshlea Chediak, a Sacramento-based business law and business litigation law firm congratulates its twelve attorneys who were named as 2010 Northern California SuperLawyers and Rising Stars: SuperLawyers: Gary L.

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Weintraub Genshlea Chediak Announces New Los Angeles Office

Sacramento’s fifth-largest law firm quietly opened a branch in Los Angeles this week. Weintraub Genshlea Chediak Law Corp. has hired two litigators in an office on Wilshire Boulevard to solidify a toehold in the intellectual property,

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9th Circuit Agrees Litigant is Vexatious

Download: 9th Circuit Agrees Litigant is Vexatious (1031934).PDF 9th Circuit Agrees Litigant Is Vexatious The San Francisco Daily Journal April 8, 2008By John Roemer, Daily Journal Staff Writer Shareholder LizBeth West is quoted in this article about the 9th Circuit Court of Appeals affirmation of the Los Angeles District Court judge’s decision to declare Jarek Molski a vexatious litigant.

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Best Practices To Ensure Compliance with Website Accessibility Guidelines: Is Your Company Protected?

Although private actions against companies for the failure to ensure access to their websites for individuals with disabilities have increased significantly in recent years, both Congress and the Department of Justice (DOJ) have yet to provide clear guidance as to what constitutes compliance under the Americans with Disabilities Act (ADA). 

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OSHA Penalties For Health & Safety Violations Are Going Way Up Starting August 1, 2016

In November 2015, Congress enacted legislation requiring federal agencies to adjust their civil penalties to account for inflation. The Department of Labor (DOL) adjusted penalties for its agencies, including the Occupational Safety and Health Administration (OSHA).

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The EEOC Special Task Force Issues Its Report on the Study of Harassment in the Workplace and Finds that “We Have Come Far But Still Have Far To Go”

The EEOC Special Task Force (“Task Force”) has spent the last 18 months examining the myriad and complex issues associated with harassment in the workplace. Thirty years after the U.S. Supreme Court held in the landmark case of Meritor Savings Bank v.

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LAW ALERT: Ninth Circuit Rules Disability Accommodations Must be Both Reasonable and Effective

A recent opinion from a federal appellate court serves as yet another cautionary tale for employers in the area of disability accommodations. The Ninth U.S. Circuit Court of Appeals’ decision in EEOC v.

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LAW ALERT: $6.2 Million Settlement in EEOC Complaint Against Sears, Roebuck & Co.

Download: LAW ALERT – $6.2 Million Settlement in EEOC Complaint Against.PDF On February 5, 2010, the EEOC issued a press release announcing the court approval of a $6.2 million settlement of its lawsuit against Sears,

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LAW ALERT: Governor Approves Ground-Breaking Legislation Regarding Disability Access Lawsuits

Download: LEGAL ALERT. Disability Access Lawsuits (1072778).PDF Lizbeth V. West, Esq. and Anthony B. Daye, Esq. After years of defeated legislation involving disability access laws in California, Governor Schwarzenegger signed a very important piece of legislation on October 8,

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