If your business is facing a lawsuit alleging noncompliance with the Americans with Disabilities Act (ADA), you might feel overwhelmed and unsure of your next steps. The ADA requires businesses to provide reasonable access to individuals with disabilities, but the law’s specifics can be complex and often open to interpretation.
As a business owner, understanding your obligations under the ADA and how to respond effectively to such a lawsuit is crucial. Below, our ADA defense attorney discusses some of the key steps to take if your business is sued for inaccessibility, common defenses to ADA claims, and proactive strategies to protect your business in the future.
Understand the Nature of the Lawsuit
The first step is to carefully review the lawsuit to understand the claims being made. ADA lawsuits typically allege that your business has violated accessibility standards, creating barriers for individuals with disabilities. These claims may involve:
- Physical Barriers: Issues like narrow doorways, lack of ramps, or inaccessible bathrooms.
- Website Accessibility: Allegations that your website isn’t compatible with screen readers or other assistive technologies.
- Service Accessibility: Claims that your policies or staff failed to accommodate individuals with disabilities.
So, What You Should Do?
- Obtain the Complaint: Review the allegations in detail.
- Identify the Plaintiff (i.e., the harmed individual): Determine if the plaintiff is a customer, a tester (someone who seeks out violations), or an advocacy group.
An ADA defense lawyer can help analyze the complaint and determine whether the claims are valid or if there are potential defenses.
Take the Lawsuit Seriously
ADA lawsuits are not uncommon, especially in areas with older buildings or businesses unaware of accessibility requirements. However, ignoring the lawsuit can result in a default judgment against your business, leading to costly penalties.
Immediate Steps to Take:
- Respond to the Lawsuit: File a timely response. Typically, you have 21 to 30 days, depending on jurisdiction.
- Contact an Attorney: Consult an experienced ADA defense lawyer to guide you through the legal process.
An attorney can help you avoid pitfalls, protect your interests, and assess whether the lawsuit is frivolous or legitimate.
Assess Your Business’ Accessibility
After reviewing the complaint, conduct an internal assessment of your business to determine whether the alleged barriers exist and whether they violate ADA standards.
Things to Look For:
- Physical Premises: Examine entryways, parking lots, restrooms, seating arrangements, and pathways. Use ADA guidelines to determine compliance.
- Website: Test your website for accessibility, ensuring it works with assistive technologies like screen readers.
- Policies and Practices: Review how your business accommodates customers with disabilities, such as offering alternative formats for communication or assistance from staff.
Once your audit is complete, document your findings and any corrective actions taken. This information can be critical in building your defense or negotiating a resolution.
Explore Potential Defenses
Not all ADA lawsuits are valid, and many businesses have legitimate defenses. For instance, the plaintiff must prove they have standing, which means they must demonstrate that they were personally affected by the inaccessibility. For example:
- Did the plaintiff visit your business and encounter a barrier?
- Can they show they intended to use your services but were prevented from doing so?
If the plaintiff cannot establish standing, the lawsuit may be dismissed.
For businesses under Title III of the ADA, accessibility improvements must be “readily achievable” based on the business’s resources. If a modification requires significant expense or effort beyond the business’ means, it may not be required.
For example, installing an elevator in a small business with limited financial resources might not be “readily achievable.” Minor changes, like adding signage or adjusting door closers, are generally considered readily achievable.
Note that if your building complies with 1991 ADA Standards and hasn’t undergone significant alterations since then, it may be protected under the “safe harbor” provisions, even if it doesn’t meet newer standards.
Additionally, some lawsuits are filed by “professional plaintiffs” who target multiple businesses with minor or technical violations. Courts may dismiss frivolous lawsuits or penalize plaintiffs engaging in bad-faith litigation.
A skilled ADA defense attorney can evaluate whether your case involves one of these defenses and help you assert your rights.
Consider Settlement Options
Many ADA lawsuits are resolved through settlement rather than lengthy litigation. Settling the case can save time, money, and the uncertainty of a trial.
An experienced attorney can negotiate favorable settlement terms, ensuring your business is protected while resolving the issue efficiently.
Avoid Common Mistakes
When responding to an ADA lawsuit, business owners sometimes make errors that can worsen the situation. Here are some common pitfalls to avoid:
- Ignoring the Lawsuit: Failing to respond will likely result in default judgment.
- Retaliating Against the Plaintiff: Retaliation, such as banning the plaintiff from your premises, is prohibited and can lead to additional claims.
- Making Hasty Changes Without Legal Advice: While fixing barriers is important, doing so without a plan or documentation could weaken your defense or signal guilt.
Proactively Address Accessibility Issues
While defending the lawsuit is your immediate priority, this situation presents an opportunity to improve your business’ accessibility.
Here are a few steps you can take to help ensure long-term compliance:
- Hire an ADA Consultant: Professionals can identify compliance issues and recommend solutions.
- Train Your Staff: Educate employees about accommodating customers with disabilities and responding to accessibility concerns.
- Update Your Policies: Ensure your business policies align with ADA requirements, such as service animal accommodations or alternative communication methods.
- Upgrade Your Website: Work with developers to ensure your website meets Web Content Accessibility Guidelines (WCAG) standards.
Taking proactive steps not only helps avoid future lawsuits but also makes your business more inclusive and accessible to a wider customer base.
The Role of an ADA Defense Lawyer
Hiring an experienced ADA defense lawyer is one of the most important steps you can take when facing an accessibility lawsuit. Attorneys who routinely handle such cases offer a number of benefits to those in need of their services, some of which are:
- Evaluate the Claims: Determine whether the allegations have merit.
- Develop a Defense Strategy: Assert defenses such as lack of standing, safe harbor, or readily achievable standards.
- Handle Procedural Requirements: Ensure timely responses to court filings and discovery requests.
- Negotiate Settlements: Advocate for fair and reasonable terms if settlement is appropriate.
- Represent You in Court: If litigation is necessary, an attorney will present your case effectively.
An attorney’s experience can make the difference between a costly judgment and a favorable resolution.
Our ADA Defense Attorney Can Help
Facing an ADA lawsuit can be a challenging experience for any business owner, but it’s essential to remain calm, take the lawsuit seriously, and act strategically. If your business has been sued under the ADA, contact our office today.