The Americans with Disabilities Act (ADA) helps protect individuals with disabling medical conditions. This key federal statute ensures the rights of people with debilitating medical challenges. The ADA helps protect employees by allowing them to request reasonable accommodations from their employers. There are also rules protecting those who live in rental housing by ensuring they have a right to accessible living spaces.
The ADA also helps protect consumers. Under the ADA, businesses have an obligation to make their goods or services accessible to people regardless of their medical challenges. In many cases, that means ensuring that the physical premises in which a business operates are accessible to those who use canes, crutches, walkers or wheelchairs. The ADA also makes accessible websites an important investment for companies.
When individuals claim that a business has violated the ADA, the organization has an opportunity to respond and defend itself. The following are the primary risks of failing to defend against claims of ADA violations.
Violations can be quite costly
Companies that face allegations of ADA violations could suffer reputation damage, especially if the complaint about the violation ends up going viral on social media. The company could also need to go to court. If the courts substantiate the claims of the plaintiff, then the business may need to pay a penalty because of the ADA violation.
ADA violations carry significant civil penalties. A business that violates the ADA could face up to $92,383 in penalty costs for a first violation. If the company does not address the issue promptly, then the cost of subsequent violations could be even higher. The penalties increase to $184,767 after an initial penalty.
Additionally, the business likely has to cover the cost of legal representation for the plaintiff, as the courts tend to order the company in violation of the ADA to do so. As if that weren’t enough of a financial burden, the possibility of additional lawsuits for the same or similar alleged violations could follow if the business doesn’t take timely action to correct the issue. The company may also have to absorb the cost of making its facilities or website accessible.
Proactive compliance with the ADA is often the most cost-effective option for organizations. But, if there have already been allegations of an ADA violation, a business may need to respond assertively. Fighting back against claims of ADA violations can help companies protect their finances and avoid the reputation damage that could follow allegations of unfair discrimination against people with disabling medical conditions.