Tag Archives: ADA

Florida Decision Involving Workers Unable to Read English Illustrates the Basics for an Enforceable Arbitration Agreement

Sometimes, a decision can detail the requirements for an enforceable employee arbitration agreement better than a legal treatise. That is certainly true in Gustave v. SBE ENT Holdings, LLC, No. 1:19-cv-23961 (S.D. Fla. Sept. 30, 2020). In Gustave, 19 former food and beverage or kitchen workers at the Delano Hotel in Miami Beach, Florida, brought … Continue Reading

Illinois District Court Denies Certification of ADA Claims in Airplane Mechanic Case

It’s been awhile since we’ve addressed attempts at bringing class action disability claims (September 27, 2013 and March 6, 2014), but as we’ve noted in the past, they make poor candidates for class action treatment. Disability claims almost by definition involve more, and more highly individualized, inquiries and quickly run into trouble satisfying Rule 23’s … Continue Reading

Washington (State) District Court Dismisses Putative ADA Class Action

As we’ve commented before, disability claims are particularly poor fodder for class actions.  Unlike other protected traits, there are often threshold questions as to whether an individual is even in a protected class.  Even in those instances where the lead plaintiff is disabled, there may be questions as to which disabilities might be covered – … Continue Reading

Court Dismisses EEOC ADA Class Action Complaint Under Twombly

A recent decision from the United States District Court for the Northern District of Illinois contains three important lessons for employment class action litigation. The first is that disability cases, such as those under the Americans with Disabilities Act, are particularly hard to prosecute as a class. The second is a reminder that the parties, even if the … Continue Reading
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