ADA Accessibility

The Americans with Disabilities Act (ADA) and California disability laws have a significant impact on business owners within every industry. We’re experienced in handling these claims.

Overview

Overview
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Cases of Interest
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Business owners, landlords and employers are subject to compliance obligations that can be difficult to understand and to implement. Non-compliance can result in fines, or in some cases, lawsuits. Attorneys in the ADA practice group at Porter Scott help clients minimize the cost of compliance and efficiently resolve disputes.

Businesses of all types are required to provide access to persons with disabilities or medical conditions. Even small businesses can be affected. The ADA and its California counterparts can be complicated. Porter Scott attorneys provide clients with practical explanations of the complex requirements that must be addressed in order to be compliant, such as:

Determine whether your business is covered by the ADA and California disability laws.
Help clients with information specific to their situation, because requirements can vary business to business.
Identify specific steps to make “reasonable accommodations.”
Prioritize various accessibility issues to help clients avoid lawsuits.
Determine if a new building, or modifications to an existing building, may require stricter standards.
Review policies and practices to ensure appropriate consideration is being made toward persons with disabilities. Some disabilities may require extra effort at compliance.
Ensure that employees are properly trained to assist persons with disabilities, and that adequate training records are maintained.

Obtained summary judgment on behalf of the County of Colusa in an employment discrimination and retaliation case brought under the Fair Employment & Housing Act and the ADA. The plaintiff was terminated by the County for rude and unprofessional behavior after 16 years of employment. She sued the County claiming that her behavior was a symptom of a brain injury she sustained several years prior to her employment with the County. In granting summary judgment, the federal court held that the plaintiff had not established that she had a qualified disability and that, even if she did, the County did not have knowledge of the alleged disability when it made the decision to terminate her employment.

Represented historic Sacramento restaurant and bar in ADA litigation and ensured proper ADA compliance to protect against future claims.

Currently representing multiple small businesses in resolving ADA lawsuits and making cost-conscious and cost-effective alterations.

Currenty representing multiple Sacramento-area apartment complexes in resolving ADA accessibility lawsuits, minimizing damages, future claims and out-of-pocket costs.

New State Law Focuses on Reducing Unwarranted, Unnecessary Public Access Litigation

by: Porter Scott Attorneys Senate Bill 1608 ("SB1608"), signed into law in September 2008, is good news for public accommodation providers. SB1608 is intended to combat abuse of disability laws. Specifically, the bill creates an independent disability …

The New ADA Amendments and What They Mean for California Employers

by: Mike Pott and Colleen Howard Effective January 1, 2009, the Americans with Disabilities Act (ADA) will provide a broader protection for disabled employees than has previously been provided under that statute. The legislation known as …

ADA Compliance Is Now In Cyberspace

by: David Melton and Jared Mueller Well, the Americans with Disabilities Act (ADA) has made its way into cyberspace. Target settled with the National Federation of the Blind for $6,000,000 and the payment of consultants to …

ADA Update: DOJ To Make Jails Subject to Accessible Design Guidelines

by: Stephen E. Horan and Kevin M. Kreutz Starting March 2012, public entities must design, construct and renovate their jail facilities to comply with the design standards set forth in the Americans With Disabilities Act. This …