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- Title
ARE YOU THERE, EEOC? IT'S ME, TITLE I: USING TITLE I TO IMPROVE WEB ACCESSIBILITY UNDER THE ADA.
- Authors
Weissburg, Harper
- Abstract
To address the exclusion of and discrimination against individuals with disabilities in employment, Congress dedicated the first title of the Americans with Disabilities Act of 1990 ("ADA") to equal opportunity in employment. Yet, today, more than thirty years after the ADA's enactment, the percentage of visually impaired individuals in the workforce has not improved. The transition to online recruitment and hiring ushered new challenges and opportunities for visually impaired job seekers. Online access and usability are critical to job seeking, and without accessible online hiring systems, visually impaired job seekers are disproportionately excluded from employment opportunities. Current efforts to litigate website accessibility under Title III of the ADA, which prohibits discrimination in places of public accommodation, can only provide incidental protection for web-based employment discrimination. As such, Title III is too limited to address web inaccessibility as employment discrimination. This Note argues that the U.S. Equal Employment Opportunity Commission ("EEOC") should use its rulemaking and enforcement authority to invigorate Title I of the ADA as a tool for advancing the goals of web accessibility and equality. Only a handful of web-inaccessibility claims have been filed under Title I. If the EEOC uses its enforcement authority to develop causes of action under Title I for website accessibility, private litigation will follow. Likewise, the EEOC should promulgate technical standards for employers regarding web accessibility. The EEOC must intervene and use Title I for its intended purpose: ensuring equal employment opportunities for individuals with disabilities.
- Subjects
AMERICANS with Disabilities Act of 1990; DISCRIMINATION against people with disabilities; AFFIRMATIVE action program laws; EMPLOYMENT of people with disabilities -- Law &; legislation
- Publication
Boston University Law Review, 2021, Vol 101, Issue 5, p1917
- ISSN
0006-8047
- Publication type
Article