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Avoiding and fighting allegations related to ADA adherence

If you own a small business in California, you know how difficult it can be to ensure that you are compliant with various laws and regulations. One of the most important issues for you to consider is your compliance with the American Disabilities Act. Failure to adhere to ADA standards could result in costly lawsuits and legal complications.

When your small business is facing allegations of wrongdoing related to ADA adherence, you would be wise not to face it on your own. It is possible that with the right help, you can come to a cost-effective and reasonable solution, but you have no time to lose. You have the right to protect yourself and your business.

What you need to know about the ADA

The ADA can be complex, and you may not be sure what this law means for you as a small business owner. Essentially, it protects individuals with physical disabilities, mental impairments or certain medical conditions who are looking to hold gainful employment. However, the ADA only applies if the person is looking for a job for which the applicant qualifies and can do safely.

The intent of the ADA is to provide certain individuals access to jobs. However, that does not mean that you must hire a disabled individual over another person who is simply more qualified for that specific position. Consider the following about the ADA:

  • As an employer, you must make sure that people covered by the ADA have equal opportunities for jobs and promotions.
  • It is illegal to discriminate or harass an employee or job applicant on the basis of his or her mental impairments, physical disabilities or medical issues.
  • You may ask disability related questions after making a job offer, but only if you ask the same questions of everyone else in this specific category.

Failure to comply with the regulations and requirements of the ADA, even inadvertently, could lead to a lawsuit. Whether you simply want to avoid future trouble or someone accused you of wrongdoing, you would be wise to take quick action to confront this situation.

The future of your business

In California, the number of ADA-related lawsuits is increasing, but you do not have to wait to protect the future of your business. You may find it useful to seek an evaluation of your case to better understand how you can shield your company from complications or fight back against allegations made against your business.

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L. Scott Karlin

L. Scott Karlin

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David E. Karlin

David E. Karlin

David E. Karlin is a California attorney with a primary focus on business and real estate, including law and legal issues...

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Michael J. Karlin

Michael J. Karlin

Michael J. Karlin is a Southern California based attorney whose practice primarily focuses on Entertainment Law. Michael began...

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