ADA Accessibility Compliance

Although the Americans with Disabilities Act (ADA) has been in effect for  two decades, many public entities are not  in compliance with ADA accessibility requirements. It is well-understood that the ADA prohibits discrimination against disabled employees who are able to perform essential job functions with  reasonable accommodation. But many public agencies have not fully recognized and taken steps to abide by the affirmative mandate of the ADA requiring that public facilities and services  be accessible to persons with disabilities.

ADA claims inflict a particularly painful financial sting to public agency defendants. Attorneys’ fees in these cases can approach one million dollars. What’s more, unlike other forms of civil rights litigation, the ADA requires defendants to pay plaintiffs’ attorneys fees not just if plaintiffs win, but also if they settle without a win.

Core ADA Accessibility Requirements

Under the accessibility provisions of the ADA, public entities must ensure that their facilities, services, programs, activities and communications are accessible to persons with disabilities. To comply with ADA accessibility requirements:

• Public entities must conduct a thorough self-evaluation of their facilities, services, policies, communications and practices to determine whether any modifications are required to make facilities, programs, communications and services accessible to persons with disabilities. 
• Once the self-evaluation process is complete, public entities must adopt a transition plan, describing the alterations that will ensure accessibility and the timeline for completing such changes. 
• During the self-evaluation and transition plan processes, public entities must obtain public input, particularly from persons with disabilities and organizations that represent them. To monitor  compliance with the ADA’s non-discrimination and accessibility requirements, a public entity must designate at least one person to act as its ADA Coordinator. That person must promptly investigate and respond to ADA complaints. A public entity must also adopt and publish a grievance procedure for the resolution of complaints alleging ADA violations.
• Training of employees regarding accommodation and accessibility under the ADA is also recommended in order to ensure employees are aware of the entity’s legal obligations.
• Certain public entities are also required to ensure the accessibility of voting polling places. This extends not only to physical access to polling sites, but to making voter registration materials and equipment accessible to persons with disabilities.
• In the wake of natural disasters such as Hurricane Katrina, public entities must also take proactive measures to ensure that their emergency preparedness plans adequately address the needs of the disabled community.

 

Other ADA Issues

See link for details about our practice, which includes ensuring an agency’s compliance with ADA reasonable accommodation requirements as they relate to  disabled employees. In collaboration with the preeminent California workers’ compensation law firm, Laughlin Falbo Levy and Moresi, our firm also advises clients on the “cross-over” issues of workers’ compensation laws and the ADA.

Moving Forward

ADA access is one of the most important state and federal mandates governing employment and public accessibility. To fully comply with the letter and spirit of the ADA and to avoid being a litigation target, be sure that your agency is abiding by the core ADA accessibility requirements listed above.

 

Contact Person

For more information on our firm’s ADA accessibility compliance practice, please contact Nikki Hall at (415) 678-3813 or email at: nhall@publiclawgroup.com