The Americans with Disabilities Act (ADA) is a set of federal civil rights laws that protect individuals with disabilities from discrimination. The ADA applies to employment, housing, education, and public accommodations.
Under the ADA, businesses and organizations must provide accommodations for individuals with disabilities.
These accommodations can include everything from wheelchair ramps to Braille signage. If a business or organization does not provide these accommodations, they could be sued for violating the ADA and could use the help of a personal injury attorney.
In this article, we will discuss the common ADA violations that could get you sued.
1. Not Providing Wheelchair Accessibility
If your business or organization is not accessible to individuals who use wheelchairs, you could be sued for violating the ADA. Wheelchair accessibility includes things like having wheelchair ramps, wide doorways, and elevator access.
2. Not Providing Braille Signage
If you are not providing Braille signage, you are violating the ADA. Braille signage must be provided in all public areas, such as restrooms and exits.
3. Not Providing Assistive Listening Devices
If your organization does not provide assistive listening devices, you are violating the ADA. Assistive listening devices must be provided in meeting rooms and auditoriums.
4. Not Providing Adequate Lighting
If you don’t provide adequate lighting, you are violating the ADA. Adequate lighting must be provided in parking lots and hallways.
5. Not Providing Accessible Parking Spaces
If your business does not provide accessible parking spaces, you are violating the ADA. Accessible parking spaces must be provided in garages.
6. Not Providing an Accessible Route into the Building
If your organization does not provide an accessible route into the building, you are violating the ADA. An accessible route must be provided on sidewalks and entrances.
7. Not Providing an Accessible Route to All Public Areas within the Building
If your business or organization does not provide an accessible route to all public areas within the building, you are violating the ADA. An accessible route must be provided to restrooms and conference rooms.
8. Not Having an Evacuation Plan for Individuals with Disabilities
If you don’t have an evacuation plan for individuals with disabilities, you are violating the ADA. All businesses and organizations must have an evacuation plan that takes into account the needs of individuals with disabilities.
9. Not Allowing Service Animals
If your business or organization does not allow service animals, you are violating the ADA. Service animals must be allowed in all public areas, such as restaurants and stores.
10. Not Making Reasonable Modifications to Policies
If your organization does not make reasonable modifications to policies, practices, or procedures when necessary to accommodate individuals with disabilities, you are violating the ADA. Reasonable modifications may include things like allowing a service animal into a restaurant or modifying a dress code policy.
What is an ADA Violation?
An ADA violation is a failure to comply with the Americans with Disabilities Act, a federal law that prohibits discrimination against people with disabilities. The law requires businesses to provide accessible facilities and accommodations for people with disabilities.
There are three types of ADA violations:
- Failure to remove architectural barriers
- Failure to provide auxiliary aids and services
- Discriminatory policies or practices.
Most ADA lawsuits allege violations in one or more of these categories.
What is a Website Accessibility Audit?
A website accessibility audit is an evaluation of a website to determine how well it meets the needs of people with disabilities.
During an audit, a variety of factors are assessed, including the site’s design, navigation, and content. After the audit is complete, a report is generated that details any areas of non-compliance and offers recommendations for how to remedy those issues.
Why Are Website Accessibility Audits Important?
Website accessibility audits are important because they help ensure that people with disabilities have equal access to information and resources online.
Additionally, audits can help businesses avoid potential legal problems down the road. For example, if a business is found to be in violation of the ADA, it could be subject to significant fines.
What Are the Consequences of ADA Non-Compliance?
The consequences of ADA non-compliance can be significant. Businesses that do not take steps to make their websites accessible may be subject to lawsuits or government investigations.
Additionally, businesses may be required to pay damages to individuals who have been harmed by their non-compliance.
In some cases, businesses may even be required to change their policies and procedures in order to bring them into compliance with the ADA.
Examples of ADA Non-Compliance Fines
- In 2018, a Florida hotel was fined $15,000 for not providing an accessible route from the parking lot to the main entrance of the hotel. The hotel was also required to make modifications to the parking lot and entrance to make them accessible.
- A Colorado movie theater was fined $75,000 for not providing an accessible route from the parking lot to the main entrance of the theater. The theater had to make several changes.
- A Wisconsin restaurant was fined $20,000 for not providing an accessible route from the parking lot to the main entrance of the restaurant.
- An Oregon grocery store was fined $12,000 for not providing an accessible route from the parking lot to the main entrance of the store.
- A Texas amusement park was fined $50,000 for not providing an accessible route from the parking lot to the main entrance of the park.
- A New York bowling alley was fined $12,500 for not providing an accessible route. The bowling alley was also required to make modifications to provide an accessible path from their designated handicap-accessible parking spaces as well as install signs indicating the location of those spaces.
- An Illinois casino was fined $20,000 for not providing an accessible route from their valet drop-off area for guests with disabilities as well as failing to have any signage indicating the locations of those designated spaces.
- A California mall was fined $200,000 for not only failing to provide an accessible path from their designated handicap-accessible parking spaces but also for failing to have any signage indicating the locations of those spaces.
How Can I Avoid ADA Violations?
The best way to avoid an ADA violation is to be proactive about making your business accessible.
This means removing any architectural barriers, such as narrow doorways or high thresholds, and providing auxiliary aids and services, such as Braille materials or sign language interpreters. You should also have policies and practices in place that do not discriminate against people with disabilities.
If you’re not sure whether your business is in compliance with the ADA, you can consult with an attorney who specializes in disability law. They can help you assess your property and make sure you’re taking the necessary steps to avoid an ADA violation.
Conclusion
The Americans with Disabilities Act (ADA) is a set of federal civil rights laws that protect individuals with disabilities from discrimination. The ADA applies to employment, housing, education, and public accommodations.
Businesses and organizations that do not comply with the ADA can be sued for violating the act.
If you have any questions about whether your business or organization is in compliance with the ADA, please contact an experienced personal injury attorney from this website, who can help ensure that you are in compliance with the law.
