Seyfarth Synopsis: A Biden Administration DOJ will likely
bring higher engagement and more aggressive enforcement on ADA
Title III issues.
While the current administration may still be unwilling to
concede the election, it appears there will indeed be a new
administration in charge at the Department of Justice (DOJ) come
January 20, 2021. How will the Biden Administration approach
Title III of the ADA and its enforcement? We think there will
be much higher engagement – and likely more aggressive
enforcement – on multiple fronts.
Enforcement. Under the Obama Administration, the
DOJ aggressively pursued enforcement actions against businesses
regarding the alleged inaccessibility to people with disabilities
of
technologies businesses use to provide their goods and
services to the public – especially websites and mobile
apps. During the Trump Administration, we saw virtually no
new investigations about websites or mobile apps that were not
accessible to people