December

Jury selection for the six-day civil case had just concluded. Unexpectedly, neither party’s counsel used a peremptory challenge or made a motion to strike for cause. The presiding judge, Hon. Donovan W. Frank, was impressed with the lawyers because the final jury included a blind juror and the trial would include a large number of documents. The lawyers agreed to ensure that any testifying witness who used a document would take extra measures and explain the contents of the document.

The Americans with Disabilities Act Amendments Act (ADAAA) celebrated its fourth anniversary on Sept. 28, 2012, and the Equal Employment Opportunity Commission’s (EEOC) ADAAA regulation will soon be approaching its second. Employers and employees have had a chance to digest the changes made by the law and the courts are starting to issue decisions in ADAAA cases.

Increasingly since the 2003 amendment of Rule 53 of the Federal Rules of Civil Procedure, courts turn to special masters in constitutional, commercial, disabilities, mass tort ,and other litigation for assistance at all stages in the adjudication process. Masters may be appointed for a variety of purposes, including pretrial discovery and settlement, to preside over trials, and in the posttrial monitoring and compliance phases of a suit.

The federal court system has played a significant role in securing the most fundamental of rights for people with developmental disabilities and other disabilities, especially before the 1990 passage of the Americans with Disabilities Act. Certain federal court decisions have had an important impact on the evolution of disability rights.

The typical federal disability rights case involves a disabled worker in a dispute over reasonable accommodations or a disabled patron claiming that there is a physical barrier to access to a public accommodation or government facility. While those types of matters are an important part of carrying out the promise of the Americans with Disabilities Act (ADA) and other disability rights laws, access to digital technology is emerging as a new frontier in the enforcement of civil rights for persons with disabilities.