The ADA requires that employers provide reasonable accommodations to employees with disabilities, which may include telework, when it does not pose an undue hardship to the employer. WMSD denied the employee request without discussing it, or possible alternative accommodations, with the employee. WMSD was sued by DOJ for violation of ADA Title I.
Read MoreThis case serves as an important reminder that before entering into contracts for such equipment, businesses must consider whether the equipment is accessible to users with disabilities and, if not, whether there will be employees in the area to provide prompt assistance. And while some courts have held that prompt employee assistance can be provided at inaccessible self-service equipment to comply with the ADA, providing accessible self-service equipment mitigates risk of litigation.
Read MoreThis article is about an accessible route to an accessible entrance at a restaurant in FL where the entity went beyond the ADA. Going beyond the ADA is encouraged as long as an entity does not violate the ADA in the process. A passenger loading zone is covered in the 1991 ADA Standards and 2010 ADA Standards. Installations that are similar to a passenger loading zone should comply with the ADA Standards.
Read MoreChicago cannot contract away its Section 504 and Title II obligations. Section 504 and Title II cover all programs and activities of a public entity, and do not distinguish between a program provided directly by the public entity and a program provided through a contractual or other arrangement. Chicago has the ability and obligation to ensure that the private developers with whom it contracts provide housing that is both affordable and accessible to individuals with disabilities.
Read MoreThe US Department of Justice has filed a proposed consent decree with Barnet Dulaney Perkins Eye Centers (BDP) and American Vision Partners (AVP), to resolve its lawsuit alleging that the eye care practices violated the Americans with Disabilities Act. BDP and AVP have agreed to pay $1 million and end discriminatory policies towards people with disabilities.
Read MoreMost of the ADA lawsuits being filed are written by lawyers who work with serial Plaintiffs, otherwise known as high-frequency Plaintiffs. What’s important now is how you handle it if you are a Defendant in one of these cases. This article will provide information to help you move forward to resolve the lawsuit and hopefully prevent it from happening again. The best way to avoid and minimize exposure to serial ADA claims is to have accessible buildings and websites
Read MoreThis hotel has been existence for many years yet it still was not in compliance with the ADA. This lawsuit was avoidable if the owner of the hotel had been proactive about ADA compliance. Richard Acree at ADA Inspections Nationwide, LLC, is experienced and qualified in inspections of hotels for ADA compliance. If you own or manage a hotel, it is imperative that you maintain the hotel in a high level of ADA compliance. Otherwise you could be the next hotel getting a long and expensive visit from the DOJ.
Read MoreThe FACBC augments the ADA for the State of Florida accessibility requirements. The DOJ has certified the FACBC to be substantially equivalent to the ADA, and therefore enforceable. The FACBC can be waived back to the ADA by the Florida Building Commission.
Read MoreEach part of a counter that has a separate and different function needs to have its own accessible portion of counter space. Where provided, at least one of each type of sales counter and service counter shall comply with 2010 ADA Standard 904.4. Where counters are dispersed throughout the building or facility, counters complying with 2010 ADA Standard 904.4 also shall be dispersed. For additional information please see Accessible Counters.
Read MoreWhat we have here is a toilet room that is described by signage as accessible; however, after an individual in a wheelchair enters this toilet room, the toilet stall is not accessible and the exit door is also not accessible. So this disabled individual is trapped inside a toilet room that they cannot use! This is an accessible toilet room done wrong.
Read MoreIt is common in ADA lawsuits to see complaints about the slope of accessible vehicle parking spaces. These are valid complaints and repairs are required. Raising the accessible parking to level the surface can be done with concrete and then smoothing the edge with the adjacent asphalt parking space.
Read MoreIn recent lawsuit settlements the DOJ has required entities with websites and mobile aps to create a position for a Web Accessibility Coordinator (WAC). If no employees of an entity are willing or able to serve as a WAC, a consultant should be hired to fill that role. Proactive entities should consider adding a WAC to their staff to prevent or avoid lawsuits regarding website and mobile app accessibility.
Read MoreThe DOJ announced that it has entered into a settlement agreement with the Champaign-Urbana Mass Transit District (MTD) to resolve alleged violations of Title II of the ADA that involve the website and mobile applications for MTD. Title II of the ADA requires state and local governmental entities like public transportation providers to provide individuals with disabilities an equal opportunity to benefit from their services, programs and activities.
Read MoreThe DOJ has submitted a statement of interest to a case regarding accessibility at blood plasma donation centers. If the DOJ opinion prevails, these centers will be required to comply with the ADA not only for sign language interpreters, but also for all other issues regarding ADA compliance.
Read MoreDr. Crawford was called for jury duty multiple times over a seven-year period but was denied access due to failure by Hinds County, MS to comply with the ADA. This pattern of past discrimination with respect to the ADA suggested Dr. Crawford will suffer from additional discrimination in the future. This situation could have been prevented if Hinds County, MS, had taken a proactive approach to ADA compliance.
Read MoreThe Ventura County Transportation Commission was found in non-compliance with the ADA laws at the Station located at 30 Lewis Road, Camarillo, CA 93010. This settlement agreement could have been prevented had the VCTC been pro-active about ADA compliance.
Read MoreThis election polling place settlement agreement was reached in lieu of a lawsuit. This process and settlement agreement could have been prevented if Newton County had been pro-active in their approach to ADA compliance at election polling places.
Read MoreEven though an element or installation in a Title II or Title III facility is not specifically included in the ADA Standards, the DOJ will still apply the ADA’s general nondiscrimination provisions, including the requirement to make reasonable modifications where necessary to provide the public accommodation’s goods and services to people with disabilities.
Read MoreEven though an element or installation in a Title II or Title III facility is not specifically included in the ADA Standards, the DOJ will still apply the ADA’s general nondiscrimination provisions, including the requirement to make reasonable modifications where necessary to provide the public accommodation’s goods and services to people with disabilities.
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