The Americans with Disabilities Act (ADA) established sweeping obligations for businesses. The rules enshrined in the ADA apply to companies that employ multiple people and also those that provide goods or services to the public. While the employment rules from the ADA only apply to larger businesses with multiple employees, the access rules for the general public apply regardless of the scope of the business.
A company without any outside employees beyond the owner could be at risk if its facilities are not accessible. Those starting small companies often assume that they may have an opportunity to address ADA compliance issues as the company grows. For example, they may expect to have an opportunity to correct issues with their facilities when an individual files an ADA complaint against a company.
Do businesses receive advance notice before ADA lawsuits put them at risk of fines and other financial losses?
Advance warning is not an ADA requirement
Contrary to what entrepreneurs might expect, there are no provisions in the ADA extending them an opportunity for advance notice. They do not have a right to respond to a complaint or to remediate an issue before the complaining party takes legal action.
If a business has non-compliant physical facilities or an inaccessible website, getting served with a pending lawsuit might be the first they hear about their ADA compliance issues. Often, non-compliance stems from a lack of awareness, not malicious intent toward those with disabling medical conditions.
The business owner may have assumed that their small business was exempt because of how few sales they made in the first year of operations or because of their lack of employees. They could then face massive penalties, in addition to legal costs.
The best way to avoid major financial setbacks related to ADA lawsuits is to conduct an extensive review before any issues arise. Business owners may need help assessing their facilities and making sense of the various requirements imposed on everything from bathroom access to parking spaces.
Ensuring that company premises meet ADA requirements can help protect companies against lawsuits that can damage them financially or lead to a company failing in more extreme cases. Those aware that no advance notice is mandatory may be more proactive about protecting their companies during the startup phase.