Eversheds Sutherland 11th Circuit Business Blog
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POLICE DETECTIVE CAN’T BE FIRED FOR INABILITY TO RECEIVE TASER SHOCK, HOLDS DIVIDED PANEL ON REMAND FROM EN BANC COURT

On August 15, 2019, the Eleventh Circuit decided the employment discrimination case of Lewis v. City of Union City, 2019 WL 3821804, that had been remanded from the en banc court, having decided that the appropriate standard for comparator evidence is whether the proposed comparators are “similarly situated in all material respects.” The panel’s new opinion greatly resembles its first...

Court Rejects ADA Exhaustion Argument for Closed Captions

The court held this week that the Twenty-First Century Communications and Video Accessibility Act of 2010, which creates an administrative procedure to address videos lacking closed captions before the FCC, does not create an administrative exhaustion requirement for bringing similar issues under the ADA.  Sierra v. City of Hallandale Beach, Florida, (No. 18-10740 11th Cir. Sept. 27th,...

Remediation Plans Don’t Necessarily Moot Independent Claims for Similar Injunctive Relief Under the ADA

Can a remediation plan designed to settle one lawsuit moot claims for similar injunctive relief in another case? Maybe in some contexts, but the Eleventh Circuit rejected that argument on the facts presented in Haynes v. Hooters of America, LLC, 2018 WL 3030840 (11th Cir. June 19, 2018), an ADA dispute over website accessibility for the blind. Haynes had sued for declaratory and...

ADA and RA Protect Hospital Patients’ Ability to Exchange Medically Relevant Information

In Silva v. Baptist Health South Florida, Inc., 2017 WL 1830158 (11th Cir. May 8, 2017), the Eleventh Circuit clarified the standard for liability for ADA and RA effective-communication claims against hospitals. The court held that “the relevant inquiry is whether the hospitals’ failure to offer an appropriate auxiliary aid impaired the patient’s ability to exchange medically relevant...

Americans with Disabilities Act Held to Allow “Competitive” Reassignment

The Eleventh Circuit handed the EEOC another recent defeat in U.S. Equal Employment Opportunity Commission v. St. Joseph’s Hospital, Inc., No. 15-14551, 2016 WL 7131479 (11th Cir. Dec. 7, 2016). The case involved cross-appeals after a jury found that the defendant hospital had acted in good faith despite its failure to accommodate a disabled nurse under the Americans with Disabilities...