State and local governments may allow additional fines and require businesses to meet a higher accessibility standard than the ADA requires. If your failure to comply with the ADA causes difficulties for a person with a disability, they may have to pay high fines or face a detrimental lawsuit. It's also important for small businesses to comply with the ADA because non-compliance with ADA rules can affect your brand. Now that you have a better idea of what is expected of your company in terms of ADA compliance, you are probably wondering what could really happen if you don't comply with the ADA.
The most obvious way to avoid being submitted to an ADA lawsuit and for which laws were enacted is for your company to meet or exceed all ADA standards. Since then, the Department of Justice (DOJ) has been tasked with keeping up with the ever-evolving global network, constantly updating ADA compliance. However, it's important to understand exactly what ADA requirements you must meet, as your company could face fines if you don't comply with the ADA. ADA Business Reports Brief publications explaining ADA-specific issues that are designed to be easily printed and distributed to employees.
Although the ADA is federal law, California's Unruh Civil Rights Act and the California Persons with Disabilities Act (“CDPA) state that a violation of the federal ADA qualifies as a violation of state law. Compliance may seem overwhelming at first; but when it breaks down, the ADA isn't as complex as it might seem. This huge increase in compliance cases is largely due to the vague descriptions of the ADA. This interpretation has varied between courts, resulting in a division of the circuit regarding whether a website must have a physical store link, such as a brick-and-mortar restaurant, to be within the scope of the ADA.
If your state awards damages for ADA enforcement claims, you may have to pay for the plaintiff's legal defense. The ADA standards apply to small businesses, but you may not have to meet all of the requirements, as there are certain exemptions and provisions throughout the ADA that may apply to you. Although the ADA prohibits discrimination based on disability and requires reasonable accommodations in both the public and private sectors, Title I and Title III of the ADA are most applicable to private small business owners.
