Friday, May 29, 2015

How ADA Non-Compliant Businesses Could Face Consequences

The American With Disabilities Act (ADA) is a federal law that was signed in 1990 to protect those with a disability whether it be from discrimination in seeking employment or while at work or the accessibility of buildings and structures. The ADA gives the thousands of people with disabilities the same opportunity as anyone else. If these regulations are not met, serious lawsuits may take place and even fines up to $150,000 after an initial fine of $75,000 for the first violation can take place.

Fines for ADA violations vary across the board depending on the scale of violation. Some violations are small, while others, such as those for large businesses, are presented on a large scale, with lawsuits and substantial monetary consequences.

Common ADA Violators

Retail facilities like hotels or busy buildings are more susceptible to facing violations of ADA regulations for not providing people with equal access. Some others may include:
·         Businesses with various locations
·         Banks and ATMs
·         Restrooms
·         Parking structures (some with no accessible handicap spaces)
·         Refusing service dogs
While these are only a few common violations, the list goes on from no curbcuts for wheelchair access to crowded pathways for travel.

First Violation

Companies may face up to $75,000 under title III of the act for a first violation of the ADA. This came about when the Department of Justice (DOJ) issued a Final Rule to change the inflation for the civil monetary penalties assessed by the Civil Rights Division. Prior to March 28, 2014, the first violation fine was $55,000.

Subsequent Violations

After an initial violation is issued and the problem continues to arise or the business never corrects it, subsequent fines will take place. Prior to the inflation on ADA fines, it was once $110,000, but has since risen to $150,000 for continued violators

What This Means for ADA Violators

If you’re a business owner, following ADA regulations is key. Disabled employees discriminated against can report issues to Equal Employment Opportunity Commission offices regarding ADA violations as well. Private sectors, universities, sports teams, buildings, structures, and athletic facilities, and more are all subject to ADA regulations. Even some facilities with pools must comply with ADA regulations.

If ADA regulations are not met after facing fines, lawsuits through the DOJ will also take place. According to Facility Executive, ADA violation lawsuits have spiked from 3,190 to 5,347 during the same time the Final Rule was put into place.

About the Author: Jim is a guest contributor from Global Lift Corp., offering the finest ADA compliant pool lifts available.

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