Plaintiff
- Name: Thomas J. Olsen
- Filing date: March 21, 2019
- State of filing: New York
Defendant
- Name: Jo Malone, Inc.
- Website: www.jomalone.com
- Industry: Consumer Goods
- Summary: Jo Malone, Inc. owns Jo Malone London, a British perfume and scented candle brand.
Case Summary
On March 21, 2019, Thomas J. Olsen filed a Complaint in New York Federal court against Jo Malone, Inc.. Plaintiff Thomas J. Olsen alleges that www.jomalone.com is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Focus issues that constantly redirect screen reader’s focus to the promotional banner on the top of the page
- Main navigation links at the top of the page do not function properly with a screen reader
- Navigating this Website successfully requires one to hover over menu options to discover accessible links. However, this is not a feature that is compatible with screen reading software
- Plaintiff Olsen was unable to book an appointment at a Jo Malone Boutique. Once he selected a treatment, the way the calendar is presented makes it difficult to select a date and time. The chart is not labeled, thereby requiring sighted assistance to find the desired time slot
- Lack of alt-text for images
- Documents do not have a title
- Some pages have the same title, so the title cannot be used to distinguish pages
- Webpages have duplicate IDs which cause problems in screen readers
- Approximately twenty (20) headings are empty
- Form field labels are not unique on a page, or enclosed in a fieldset with a legend that makes the label unique
- Links use general text like “read more” with no surrounding text explaining the link purpose
- Several links on a page share the same link text but go to a different destination
- Webpages have markup errors
Plaintiff asserts the following cause(s) of action in its Complaint:
- VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.
- VIOLATIONS OF THE NYSHRL
- VIOLATIONS OF THE NYCHRL
- DECLARATORY RELIEF
Plaintiff seeks the following relief by way of its Complaint:
- A preliminary and permanent injunction to prohibit Defendant from violating Title III of the ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. 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 its Website into full compliance with the requirements set forth in Title III of the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals
- A declaration that Defendant owns, maintains and/or operates the Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
- An order certifying the Class and Subclasses under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel
- Compensatory damages in an amount to be determined by proof, including all applicable statutory damages, punitive damages and fines
- Pre- and post-judgment interest
- An award of costs and expenses of this action together with reasonable attorneys’ and expert fees
- Such other and further relief as this Court deems just and proper