Plaintiff
- Name: Lucia Marett
- Filing date: February 11, 2020
- State of filing: New York
Defendant
- Name: Quest Diagnostics Incorporated
- Website: www.questdiagnostics.com
- Industry: Biotechnology
- Summary: Perhaps best known for providing DNA testing services to daytime talk shows, Quest Diagnostics is the world's leading provider of diagnostic laboratory testing. They also offer clinical trials testing, healthcare IT, and Wellness and Risk Management services for the commercial sector.
Case Summary
On February 11, 2020, Lucia Marett filed a Complaint in New York Federal court against Quest Diagnostics Incorporated. Plaintiff Lucia Marett alleges that www.questdiagnostics.com is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Lack of alt-text on graphics,
- Inaccessible drop down menus,
- The lack of navigation links,
- The denial of keyboard access; and
- No sub tab headings or an ability to enter them, preventing overall use of the site.
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violation of 42 U.S.C. § 12181, et seq. — Title III of the Americans with Disabilities Act
- Violation of New York State Human Rights Law, N.Y. Exec. Law, Article 15 (Executive Law § 292 et seq.)
- Violation of New York State Civil Rights Law, NY CLS Civ R, Article 4 (CLS Civ R § 40 et seq.)
- Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, et seq.
- Declaratory Relief
Plaintiff seeks the following relief by way of its Complaint:
- A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York
- A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make the Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individual
- A declaration that Defendant own and/or maintains the Website in a manner which discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. § 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York
- An order certifying this case as a class action under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and her attorneys as Class Counsel
- Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff and the proposed subclass for violations of their civil rights under New York State Human Rights Law and City Law
- Plaintiff’s reasonable attorneys’ fees, statutory damages, expenses, and costs of suit as provided by state and federal law
- For pre- and post-judgment interest to the extent permitted by law
- Such other and further relief as the Court deems just and proper