Third Circuit Reverses Certification Of ADA Accommodations Class Based On Retail Store Access

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 it requires accommodation, the appropriate type of accommodation and how the claimed conduct relates to the disability.

The U.S. Court of Appeals for the Third Circuit recently addressed these issues, along with others, in a case involving a claim of public accommodations under Title III of the Americans with Disabilities Act (ADA). In Allen v. Ollie's Bargain Outlet, Inc., Case No. 21-2121 (3d Cir. 2022), the plaintiffs were individuals with mobility disabilities who claimed that Ollie's, a discount chain with over 400 stores, failed to accommodate them. The core of their contention was that store aisles were