Tag Archives: ADA

Third Circuit Reverses Certification of ADA Accommodations Class Based on Retail Store Access

By Greg Mersol on July 12, 2022 Posted in Class Action

Class action disability discrimination cases can be particularly difficult. While there is little question of whether a particular individual is in a protected group in a typical case involving race, gender or age, the question of whether an individual is disabled can be more complex. Further, questions may arise regarding the extent of a disability, whether … Continue Reading

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

By John Lewis on October 7, 2020 Posted in Arbitration Agreements

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

By Greg Mersol on March 4, 2020 Posted in Class Certification

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

By Greg Mersol on March 6, 2014 Posted in Uncategorized

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

By Greg Mersol on October 7, 2011 Posted in Class Certification, Discrimination

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