LabCorp ADA Lawsuit for Access to Kiosks

Kiosk in a Restaurant

According to a recent article by Seyfarth Shaw LLP, edited by Minh Vu, courts in California certified two classes of plaintiffs to proceed with lawsuits against LabCorp regarding accessibility [compliance with the Americans with Disabilities Act (ADA)] of self-service check-in kiosks at LabCorp’s facilities. In the lawsuit the named plaintiff who is blind claimed that he was denied effective communication and equal access to LabCorp’s services because the kiosks cannot be used without sight.

The courts ruled that the plaintiff could not use the inaccessible kiosk and had to wait for an employee to notice him and check him in. Based on these facts, the Court concluded that the plaintiff was denied effective communication and, by extension, the full and equal enjoyment of LabCorp’s services.

The two classes certified are:

• a California class seeking damages under California’s Unruh Civil Rights Act, and

• a nationwide class seeking injunctive relief under the Americans with Disabilities Act (ADA), the Rehabilitation Act, and Affordable Care Act.

In summary, and according to Minh Vu, this case serves as an important reminder that before entering into contracts for such equipment, businesses must consider whether the equipment is accessible to users with disabilities and, if not, whether there will be employees in the area to provide prompt assistance. And while some courts have held that prompt employee assistance can be provided at inaccessible self-service equipment to comply with the ADA, providing accessible self-service equipment mitigates risk of litigation.

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If you observe a facility or element that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

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