ADA Access Demand Letters Rear Their Ugly Heads

| posted in Blog

Despite the fact that a law was enacted in 2013 to curtail “drive-by” Americans with Disabilities Act access lawsuits, the practice has been revived by crafty plaintiff attorneys. According to recent news reports, employers still receive letters from lawyers who demand payment on behalf of disabled clients in exchange for not suing the establishment for violating ADA access rules. The lawyers are banking on the business owners not knowing a law that took effect in 2013 that bars attorneys from making monetary demands in initial letters complaining about a possible ADA violation. If you have a business that deals with…
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’Surf-by’ ADA Lawsuits Could be Next Legal Trap for Businesses

| posted in Blog, Newsletter

No doubt you’ve heard of the “drive-by” Americans with Disabilities Act lawsuits that are filed by plaintiffs who see ADA violations at businesses (like entrances that are inaccessible by wheelchair) just by driving by the location. Now, recent court decisions could pave the way for a new class of ADA claims where disabled individuals have trouble navigating a company’s website – call them “surf-by” claims. Courts recently ruled in favor of plaintiffs who have sued retailers – in two separate lawsuits – claiming violations of Title III of the ADA by having websites that could not be used by disabled…
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How to Avoid Being Sued for ADA Violations

| posted in Blog

During the last eight years since the Americans with Disabilities Act Amendments Act (ADAAA) was enacted, the landscape for employers has changed dramatically. The odds of being sued have increased significantly and the onus is now on employers to engage in an interactive process with an employee who claims to be disabled or one that you, as an employer, consider to be disabled. The original Americans with Disabilities Act has been in effect for 25 years, but the ADAAA shifted the emphasis from whether an employee has a qualifying disability to the interactive process and the efforts employers take to…
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