ADA lawsuits in California and across the country are on the rise. In the last ten years, more than 18,000 lawsuits claiming violations of the Americans with Disabilities Act were filed across the country, with California in the lead. Whether you are an individual bringing an ADA claim or a business defending one, our experienced ADA attorneys can assist.
The Americans with Disabilities Act defines a disability as “a physical or mental impairment that substantially limits one or more of the major life activities of such individual.” What’s more, Title III of the ADA “prohibits discrimination on the basis of disability by public accommodations and requires places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with the accessibility standards established by [the ADA].”
Examples of ways businesses can discriminate against a person with a disability include:
- Failing to accommodate for special needs
- Failing to grant someone leave entitled to them under the Family and Medical Leave Act (FMLA)
- Failing to hire a capable employee due to his or her disability
- Discharging a disabled individual for requesting accommodations
This list is not exhaustive.
If you feel that you have been discriminated against in violation of the ADA,
contact our experienced ADA attorneys.
At Pacific Trial Attorneys, we handle statewide and national class action lawsuits on behalf of individuals with disabilities who were denied access to employment, or business, education, government facilities and/or services due to physical barriers that violate the ADA. We also have successfully challenged policies and procedures that impose unlawful limitations upon the full and equal participation of persons with disabilities.
At time same time, our attorneys understand that owners of properties and businesses often feel that they are being extorted by individuals bringing false ADA claims. In California, there is an automatic penalty on businesses that requires businesses to pay Plaintiff’s attorney’s fees should the Plaintiff prevail on any of his or her claims, meaning the Plaintiff does not have much to lose. In order to avoid a potential ADA lawsuit, if you have a business or a building that is open to the public, you should have a public accommodation accessibility assessment performed. Our attorneys help to assure your business complies with all accessibility requirements, including the ADA, the California Building Code, the Unruh Civil Rights Act, and the California Disabled Persons Act.