AMERICANS WITH DISABILITIES ACT
The Americans with Disabilities Act (ADA) aims to prohibit discrimination and ensure that people with disabilities have the same rights and opportunities as everyone else. It requires employers to provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause significant difficulty or expense. The law covers a wide range of conditions, including physical and mental impairments that substantially limit one or more major life activities.
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ADA Across the States
While the Americans with Disabilities Act (ADA) sets a federal standard for disability rights across the United States, states like Florida, New York, and Georgia may have additional laws and regulations that complement or expand upon these protections. In Florida, the Florida Civil Rights Act enhances protections against discrimination, including for disabilities. New York’s Human Rights Law offers broader coverage, often including smaller employers not covered by the federal ADA and providing more explicit protections. Georgia, while adhering to the federal ADA standards, also enforces state-specific regulations that may influence how accommodations and accessibility requirements are implemented. These variations mean that businesses and individuals must be aware of both federal and state-specific laws to ensure full compliance and protection.
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ADA Compliance with Websites and Apps
In recent years, businesses have faced a growing number of disability lawsuits related to the accessibility of websites and apps. Although the law on these claims is still evolving, over a thousand cases have been filed nationwide, and many demand letters have been sent by plaintiffs' lawyers. These claims often rely on the Web Content Accessibility Guidelines (WCAG) 2.1, a set of guidelines published by the World Wide Web Consortium through the Web Accessibility Initiative, rather than being a part of the ADA itself. These guidelines provide information on web accessibility and are frequently used as the basis for lawsuits. Initially focused on visual impairments, these claims are now expanding to include issues related to hearing impairments and other disabilities. If you receive a demand letter or are sued over your website or app, it is crucial to consult with a law firm experienced in web accessibility and the necessary modifications to address these cases effectively.
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Public Accommodation Guidelines for Businesses
Title III of the ADA governs private businesses with places of public accommodation, which include properties owned, leased, leased to a third party, or operated by the business. These places are categorized into the following groups:
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Places of lodging;
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Establishments serving food or drink;
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Places of exhibition or entertainment;
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Places of public gathering;
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Sales or rental establishments;
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Service establishments;
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Public transportation terminals, depots, or stations (not including facilities relating to air transportation);
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Places of public display or collection;
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Places of recreation;
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Places of education;
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Social service center establishments; and
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Places of exercise or recreation.
The ADA prohibits discrimination against individuals with disabilities, ensuring they have full and equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations offered. Contact our attorneys to understand how your state's requirements may impact your business.
