ADA accommodations violations generally involve a failure to provide access and amenities in public places for persons with disabilities. Under the Americans with Disabilities Act of 1990 (ADA), businesses and governments are required to make accommodations for persons who are legally disabled. A failure to follow ADA accommodation requirements can lead to various penalties for businesses and can subject them to costly private lawsuits (especially if the violation has caused injury to a disabled person).
The ADA creates a duty for businesses to ensure that patrons are accommodated with regards to disabilities. Some disabilities listed under the act include hearing or sight impairment, physical handicaps, and certain learning disabilities. The ADA also creates various requirements for employers, including anti-discrimination and hiring provisions. This article focuses on accommodations for business patrons.
What Are Some Examples of ADA Violations?
Some common examples of business ADA violations include:
- A failure to install a wheelchair ramp where necessary
- Failure to provide handicap parking spots
- Inadequate handicap restroom accommodations
- Lack of handrails in walkways
- Walkways that are too narrow or steep
- Problematic elevator or escalator systems
As mentioned, the ADA creates an "affirmative duty" for business and restaurant orders to ensure compliance. This means that the business owner needs to take the initiative to ensure that persons with disabilities can access and use their facilities safely. They should do this well before any incident or injury occurs.
What Are Public Accommodations?
The ADA focuses on providing disabled persons with access in "public" places. This includes areas and institutions such as:
- Restaurants, cafes, and other eateries
- Retail stores and malls
- Restroom facilities
- Movie theaters
- Work and offices buildings
Violations for ADA requirements can result in various legal consequences, including citations, business license restrictions, fines, and injunctions requiring the business to remedy the conditions. Also, ADA accommodations violations can expose the business owner to a lawsuit, in which they may have to pay personal injury damages to an injured plaintiff.
Do I Need a Lawyer for Help with ADA Accommodation Requirements?
ADA requirements can sometimes be very complex, and may require the assistance of a lawyer. You may wish to hire an employment lawyer if you have any questions or concerns regarding ADA requirements. Your attorney can help assess your business to determine whether you are in compliance with state and local regulations. Also, your attorney can represent you in court if you need to attend a court hearing.