An increasing number of lawsuits are being filed against small businesses for violating the Americans with Disabilities Act (ADA).
According to web compliance provider Usable.net, more than 16,000 lawsuits have been filed since 2020 accusing companies of not complying with ADA rules for digital devices, most of which have less than $25 million in revenue. It was against a company.
Some of these cases, caused by so-called serial filers, could be considered abuse of the system. For example, in Oregon, a man who was paid about $600 a month to visit local businesses admitted to suing the businesses for disability access violations. A California woman has filed more than 20 lawsuits seeking damages against small businesses for violating the ADA. And in Philadelphia, a man reportedly sued more than 30 restaurants in the area for failing to comply with various ADA requirements.
“Some law firms are known for finding problems where there aren’t any,” Marc Levy of Philadelphia website design firm The 215 Guys wrote in a blog post earlier this year. said. “In most industries, regulations are enforced through inspection and remediation, but the ADA is enforced through litigation.”
Still, there are benefits in many cases, and small business owners need to be aware of how to comply with the ADA.
ADA Requirements for Small Businesses
Sharon Caserta, an attorney at Morgan & Morgan in Philadelphia, said small business owners often have to rely on facilities and practices they had before the ADA to simply predate the law. They often mistakenly believe that they will be allowed to continue simply because of this. “Usually not.”
Caserta said the ADA applies to nearly all small businesses, and compliance can take many forms.
“It depends not only on the structural characteristics of the business, but also on the policies to ensure that customers with disabilities can access the services of small business providers, such as websites,” she said.
According to Joseph D. Lent of the Lent Law Group in Philadelphia, there are four main areas small businesses need to focus on to comply with the ADA, the first of which is physical accessibility. The law requires businesses to provide facilities such as wheelchair ramps, elevators and accessible restrooms, and to remove architectural barriers that impede or impede access or navigation.
“Ensuring small businesses are physically safe for customers and employees remains a critical element of ADA compliance,” he said.
A lesser-known aspect of the ADA is the provision of effective communication, including the provision of auxiliary aids and services such as sign language interpreters and TTY (teletypewriter) devices.
Another recent aspect of the ADA is the Web Content Accessibility Guidelines, which were updated earlier this year.
“To comply with this provision, businesses must ensure that their websites are recognizable, operable, understandable and robust,” Lent said.
Finally, it is important for small business owners to be aware of the ADA’s employment provisions that prohibit discrimination against individuals with disabilities in hiring, promotion, and termination.
“As a general standard, businesses must provide reasonable accommodations to qualified individuals with disabilities unless it imposes an undue hardship on the business,” Lent said.
ADA tax benefits help you stay compliant
There are several federal tax credits and credits available to help cover the cost of complying with the ADA.
For example, the Disability Access Credit is a non-refundable credit of up to $5,000 to small businesses (those with less than $1 million in revenue and 30 or fewer full-time employees) to provide access to people with disabilities. We provide.
The Architectural Barrier Removal Tax Credit of up to $15,000 per year incentivizes businesses of all sizes to remove architectural and transportation barriers that impede the movement of people with disabilities and the elderly.
There is also a Work Opportunity Tax Credit, which ranges from $1,200 to $9,600, for businesses that employ individuals from certain targeted groups, such as people with disabilities.
Government provides ADA guidance and resources
The Department of Justice’s Civil Rights Division offers a toll-free ADA information hotline, as well as technical assistance and easy-to-read pamphlets. This hotline does not provide legal advice, but can answer questions regarding ADA compliance.
Local ADA advice and training is often found at the Pennsylvania Center for Independent Living, Shelter, and Advocacy, Deaf Services Center, chapters of the American Federation of the Blind, and organizations serving disabled veterans. through disability-focused providers.
Lent said that adhering to the rules not only creates a better environment for consumers and employees, but also benefits small business owners in the long run by avoiding the negative consequences of non-compliance. He says it will bring.
Caserta agrees. “Don’t wait to learn about potential ADA violations in your business. Lean into it and learn how to achieve compliance,” she said. “Remember: People with disabilities are also your customers, and just as importantly, they are members of your community.”
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