Impact of the ADA on Business and Society
The Americans with Disabilities Act (ADA) has greatly expanded opportunities for disabled individuals, demanding significant adjustments from businesses to accommodate both physical and online accessibility. These necessary changes, while enhancing inclusivity, have posed complex compliance challenges.
Navigating Compliance and Litigation
Title III of the ADA mandates nondiscrimination in public accommodations, ensuring that businesses offer equal access to all services and facilities. Compliance can be intricate, with failures potentially leading to costly and reputation-damaging lawsuits.
The Surge in ‘Nuisance’ ADA Lawsuits
ADA lawsuits have surged by 320% since 2013, driven by serial plaintiffs often referred to as ADA compliance “testers” who target small businesses. These cases frequently seek quick settlements, burdening businesses with undue legal costs.
Proactive Accessibility Reviews
Employing a Certified Accessibility Specialist (CASp) to conduct thorough accessibility audits of physical and digital spaces is a key strategy to shield against ADA claims. This proactive measure helps businesses identify and rectify potential non-compliance issues early.
Keeping Up with Legal Trends
It’s critical to monitor judicial rulings that could impact ADA litigation. The anticipated U.S. Supreme Court decision in Acheson Hotels, LLC v. Laufer, for example, will address the standing of plaintiffs who have not directly suffered harm, potentially curbing frivolous lawsuits.
Consulting Skilled ADA Defense Attorneys
Engaging knowledgeable ADA defense counsel is essential for evaluating legal challenges and crafting effective defense strategies. Strong legal representation not only protects individual businesses but also deters baseless litigation, benefiting the larger community.
A combination of diligent accessibility reviews, staying informed on legal developments, and strategic legal counsel is crucial for businesses aiming to navigate ADA compliance smoothly and minimize litigation risks. This proactive approach helps foster a more inclusive society while safeguarding businesses from unnecessary legal battles.
To reach Joshua Bauchner you can contact him at jbauchner@mblawfirm.com or 973-607-1269