Author Archive

ADA lawsuits up 63 percent

“Americans with Disabilities Act (ADA) Title III lawsuits are up 63 percent over 2015, according to law firm Seyfarth Shaw. ADA Title III prohibits businesses open to the public from discriminating on the basis of disability. The act applies to a variety of businesses and restaurants, including warehouses, movie theaters, schools, office buildings, day care facilities, doctors’ offices and any new construction of same must comply with the ADA construction standards.”…’More lawyers are finding out that this is a very…lucrative practice,’ said [Seyfarth partner Minh] Vu. The number of suits filed in federal court may top more than 7,000; more lawsuits were filed in the first half of this year than in all of 2013, according to the law firm’s research.” [Insurance Journal]

Related: “Sunshine state attorney seeks website changes, and costs and fees, from snow shoe seller” [John Breslin/Florida Record, and thanks for quote]

Discrimination law roundup

  • Prof. Sam Estreicher proposes safe-harbor rule to overcome disincentives to hiring of costly or risky job seekers [SSRN via Workplace Prof]
  • “Muslim flight attendant for ExpressJet suspended, wouldn’t serve alcohol” [Detroit Free Press, earlier]
  • Profile of lawyer Joel Liberson, who’s talked many cities into suing banks for big bucks under Fair Housing Act [WSJ]
  • “Did the 7th Circuit finally kill McDonnell-Douglas?” [Jon Hyman on “burden-shifting” evidentiary framework in employment discrimination law]
  • U.S. Commission on Civil Rights believes law should defer to religious conscience claims “only to the extent that they do not unduly burden” bans on discrimination [Stephanie Slade, Reason; report with nonpartisan sections written by Lenore Ostrowsky] Anti-discrimination laws as applied to private actors restrict liberty and sometimes force conscience [David Harsanyi, The Federalist] “Massachusetts: Churches may be covered by transgender discrimination bans, as to ‘secular events'” [Volokh]
  • “Unfair ‘Fair Housing’: The new Obama administration policy to ‘deconcentrate’ poverty is a threat to communities” [Howard Husock, City Journal; Kurtz, NRO]

October 12 roundup

  • RIP automotive journalism legend Brock Yates, an incisive critic of auto safety scares [Christopher Smith, CarThrottle, Corvair Alley]
  • New California law regulating trade in autographed collectibles might have unintended consequences [Brian Doherty]
  • Federal magistrate judge approves service of process via Twitter; suit alleged terrorism finance [US News]
  • Cf. Tom Wolfe, Mau-Mauing the Flak-Catchers: groups that “shut down” NYC planning hearing are funded by none other than city taxpayers [Seth Barron, New York Post]
  • Robert F. Kennedy, Jr., sometimes known in this space as America’s Most Irresponsible Public Figure, has taken job with personal injury firm Morgan & Morgan, known for billboards and TV ads [Daily Mail]
  • “The Coming Copyright Fight Over Viral News Videos, Such As Police Shootings” [Mike Masnick, TechDirt]

Environment roundup

  • Finally, some progress? White House releases “Housing Development Toolkit” urging local policymakers to expand by-right development, accessory dwelling units, pro-density rezoning [Jonathan Coppage, Washington Post; Vanessa Brown Calder, Cato]
  • And see related: “Parking Requirements Increase Traffic And Rents. Let’s Abolish Them.” [Brent Gaisford, Market Urbanism] “America’s Ugly Strip Malls Were Caused By Government Regulation” [Scott Beyer]
  • And yet more, stranded in Seattle: “Micro-Housing, Meet Modern Zoning” [Vanessa Brown Calder, Cato]
  • California: “Coastal Commission Abuse Smacked Down by Court” [Steven Greenhut]
  • “If firms refused to take direction, FDR ordered many of them seized.” For climate change advocate Bill McKibben, RICO-for-deniers is only the start [New Republic] Fan at New York Times eyeing McKibben to win Nobel [Timothy Egan]
  • “Midnight Monuments: The Antiquities Act and the Executive Authority to Designate National Monuments” [Federalist Society podcast with Donald Kochan and Charles Wilkinson]

Suit: college football players employees under California law

A class action suit against the National Collegiate Athletic Association (NCAA) cites California law, as well as the federal Fair Labor Standards Act, to argue that college football players should be deemed employees subject to minimum wage and overtime law. I find it a stretch for reasons quoted in the report [Robert Teachout, SHRM]

Litigation roundup

“He was sent on to a case manager in the Gender-Based Misconduct Office…”

…where he was at length told, “Even if I were to agree with you, you know I can’t say anything.” [Ann Althouse] Relatedly, “The Sex Bureaucracy” is the title of the widely noted new article by Jacob Gersen and Jeannie Suk in California Law Review (via Hans Bader):

…we focus on higher education to tell the story of the sex bureaucracy. The story is about the steady expansion of regulatory concepts of sex discrimination and sexual violence to the point that the regulated domain comes to encompass ordinary sex. The mark of bureaucracy is procedure and organizational form. Over time, federal prohibitions against sex discrimination and sexual violence have been interpreted to require educational institutions to adopt particular procedures to respond, prevent, research, survey, inform, investigate, adjudicate, and train. The federal bureaucracy required nongovernmental institutions to create mini-bureaucracies, and to develop policies and procedures that are subject to federal oversight. That oversight is not merely, as currently assumed, of sexual harassment and sexual violence, but also of sex itself.

And: “Judge reinstates Brown Univ. student accused of sexual misconduct, blasts ‘organized’ pressure to get him not to” [Fred Barbash, Washington Post]