Karlin Law Firm LLPKarlin Law Firm LLP2024-03-18T12:38:48Zhttps://www.karlinlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503012/2020/11/cropped-Karlin-Fav-Icon-min-32x32.jpgOn Behalf of Karlin Law Firm LLPhttps://www.karlinlaw.com/?p=553342024-02-28T19:27:21Z2024-03-05T05:12:31ZAmericans with Disabilities Act (ADA) Guidance. When a website is not ADA-compliant, it may deny people with certain disabilities equal access to information.
Web designers and developers don’t always consider how people with disabilities can access their sites and how these sites should be ADA-compliant. If you’re designing a website, it can help to learn how to make it ADA-compliant. Here’s what you should know:
Barriers people with disabilities face as they use the internet
There are a few common issues that make it hard for people with disabilities to access information online. Images that impart information or show products or services generally will need a description embedded in the code (not just next to the image). Links generally will need a description of what they are linking to. Text may not be legible for people who have vision impairment, such as limited vision or color blindness. This can make it difficult for people to read information if the color of text or an icon is meant to convey certain information.
There are add-on programs that claim to make websites “ADA compliant,” but in our opinion these generally will not necessarily prevent a claim or prevent a lawsuit. See our discussion of ADA automated programs at www.ADAplugins.com.
Furthermore, people with hearing issues may not understand information conveyed through videos or audio recordings. These forms of media may need captions added.
While many people are likely to use a mouse to navigate a website, it’s not possible for everyone. A website should include options so that people can navigate web content with only the use of a keyboard.
It’s the responsibility of the web designer to consider inclusivity when making a website. It can help to reach out for legal guidance to learn more about ADA guidelines.]]>On Behalf of Karlin Law Firm LLPhttps://www.karlinlaw.com/?p=553262024-02-07T06:00:31Z2024-02-20T06:00:11ZObesity is not always a qualifying condition for workers
For a disabling medical condition to qualify for ADA protections, it must meet certain standards. Just a few years ago, there was an important court ruling on obesity claims by workers under the ADA.
The courts found that for the ADA to apply, there must be some significant underlying health condition contributing to or causing the worker's obesity. For example, someone with a diagnosed mental health issue, such as binge eating disorder, could require workplace accommodations for obesity. Someone with no such diagnosis may not be in a position to expect accommodations from their employers.
Accommodating obese customers is just part of doing business
There is little question that in recent years the trend in the United States has been for people to get bigger. The average waste size and weight for American citizens has slowly but steadily trended upward for decades.
While there have not yet been any major legal cases brought by consumers under the ADA for obesity-related discrimination, the chances of such lawsuits occurring in the future are likely. With more Americans falling into the obese and morbidly obese categories every year, it simply makes sense for businesses that provide services and make their spaces open to the public to accommodate plus-size individuals.
Some airlines, for example, have replaced policies requiring obese patrons to buy a second seat with new rules that give them a second seat for free. Businesses may find that by making doorways and furniture accessible to those with mobility limitations, such as wheelchair users, they also help make those same amenities accessible to those who are obese.
Understanding how current population trends could affect business liability may benefit those eager to protect their organization from expensive ADA lawsuits.]]>On Behalf of Karlin Law Firm LLPhttps://www.karlinlaw.com/?p=553252024-02-06T05:23:55Z2024-02-17T05:23:26ZMobility assistance requires more space
Whether someone needs to use a wheelchair or crutches to get around, they may need more space than the average person navigating the space inside a hotel. The ADA imposes numerous specific requirements on public facilities to help ensure that they are as accessible as possible.
Ensuring accessible doors and halls is important for ADA compliance. While not every door and hallway in a hotel needs to meet the ADA standards, the more of them that do, the less likely the business is to face complaints in the future.
In general, doorways typically need to be at least 32 inches wide. Doorways that are even wider can be a smart decision when investing in new construction or remodeling projects. Hallways need to be even wider. To be wheelchair accessible, a hallway needs to be at least 36 inches wide.
If individuals who use mobility assistance tools cannot navigate the doors and halls at a hotel, they might initiate an ADA compliance lawsuit. Proactively complying with ADA requirements may benefit those operating hotels who are eager to reduce the risk of a potentially expensive citation.]]>On Behalf of Karlin Law Firm LLPhttps://www.karlinlaw.com/?p=553242024-01-31T06:09:11Z2024-02-13T06:08:55ZWhat all front-line staff need to know
It's crucial that ADA training for front-life staff be thorough and on-going. Here are just a few things to reinforce:
Treat everyone with respect, but not pity.
Don’t touch, move or take someone’s mobility aid without their permission.
You can ask if and how you can help, but don’t assume you know what a person needs or wants.
Speak directly to someone – not just to their companion, if they have one. Don’t make assumptions about what people can and can’t understand.
Don’t follow disabled guests around or watch them, assuming they need help. If they do, they’ll ask for it.
Make sure your staff has a complete list of all of your accessibility options on the property and the website. It’s also wise to give your front-line employees some training in how best to interact with people who have hearing, vision and other specific disabilities.
Having a staff that treats ADA and other accessibility requirements as something that they’re happy to offer can help ensure that your business isn’t credibly accused of being inaccessible. If you have concerns or questions, it’s wise to get legal guidance proactively.]]>On Behalf of Karlin Law Firm LLPhttps://www.karlinlaw.com/?p=553222024-01-24T04:48:21Z2024-02-06T04:47:40ZWhat does the ADA require?
In 2010, the ADA updated some of its regulations to clarify accessibility requirements for businesses and facilities providing access to certain amenities, including swimming pools. Swimming pools can be very therapeutic for those with disabling medical conditions, but they can also be very dangerous for those with mobility limitations.
Therefore, the ADA generally requires that pools have an accessible entrance for those with disabling medical conditions. There are two ways for a hotel pool to be properly accessible and therefore compliant with the ADA. Some hotel pools may have chair lifts that can help someone get into and out of the water safely. Other times, pools may have a roll-in access point, which is essentially an underwater ramp.
Without one of these two solutions in place, hotels could be at risk of an ADA lawsuit that could cost thousands of dollars in fines and lead to a requirement to remove or rework the existing pool. Identifying and addressing ADA compliance issues can help protect hotel operators and other businesses from expensive and reputation-damaging lawsuits.]]>On Behalf of Karlin Law Firm LLPhttps://www.karlinlaw.com/?p=553182024-01-18T10:38:21Z2024-01-30T10:37:43ZRecently, the 5th U.S. Circuit Court of Appeals recently ruled that the struggles a natural gas plant worker had to accommodate classes for a 90-day substance abuse course following the worker’s third arrest for driving while intoxicated (DWI) were not violations of the Americans with Disabilities Act (ADA).
In fact, upon notifying his manager and supervisor of his legal situation regarding his uncontrolled drinking, both initially helped him arrange to switch schedules with other workers. When no co-workers were available to swap hours for four of the classes held in the evenings, the worker was fired by the company.
Why the ADA didn’t protect him
There was no violation of the ADA because, as the lower court ruled, the fact that the worker was an alcoholic was not a disability under the grounds of the ADA. He then took his appeal to the 5th Circuit Court.That appeal failed, at least in part, because although the worker alleged his employer failed to accommodate his struggles with drinking as a disability, it was incumbent upon the worker to make known to the employer that the time he requested off from work was due to his disability of alcoholism. But the first reference to the substance abuse condition was only made once the worker struggled with the real-life consequences of multiple arrests for DWI and how they affected his employment.
Court recognizes man’s alcoholism
Even while the 5th Circuit overturned the lower court's finding that the man's alcoholism was not a covered disability under the Act, it ruled that there was no intentional discrimination when the company terminated the worker because he could not cover his night shifts, part of his necessary tasks.The final nail in the claim’s coffin came with this quote by the 5th Circuit, which stated, "failure to request an accommodation, particularly where an employee's disability is not obvious, will doom a claim."If your business has been hit with an ADA compliance issue, it’s always best to find out more about your legal options.]]>On Behalf of Karlin Law Firm LLPhttps://www.karlinlaw.com/?p=553002023-12-27T04:18:14Z2024-01-09T04:17:19Zalso need to be accessible for a company to avoid allegations that it discriminated against people with certain medical conditions.
How can businesses avoid allegations of having a non-ADA-compliant website?
Design for the disabled from the start
The easiest way to ensure compliance with ADA requirements is to hire a website designer who can make an ADA-compliant website. Typically, this means having code that cooperates with screen reading software. Avoiding flashing images and making the website adjustable for those with vision issues can also be important accessibility concerns. If businesses design websites to be accessible, then they won't have to worry about claims or absorbing costs to rework the site later.
Offer alternative access
Often, ADA complaints arise from the fact that customers must book a hotel room via a website or can only get certain types of support or discounts when ordering online. If a business provides accessible options that offer the same prices and services that consumers could receive via their website, there may not be grounds for a claim of discrimination.
Organizations that are accused of disability discrimination and ADA violations could face large fines and a requirement to take down or rebuild their website. Considering ways of proactively complying with the ADA may benefit executives and business owners alike as a result.]]>On Behalf of Karlin Law Firm LLPhttps://www.karlinlaw.com/?p=552672023-12-13T05:32:11Z2023-12-26T05:31:36ZBusiness owners are sometimes worried about being accused of ADA violations because they have skipped important steps that are required by the Americans with Disabilities Act. For example, maybe a business doesn’t have any handicap-accessible bathrooms or fire exits. This can be a serious issue that needs to be rectified, or fines and other penalties could be leveled.
But this doesn’t just mean that business owners have to take specific steps to avoid lawsuits. Even business owners who attempt to follow the ADA guidelines could make mistakes that will still lead to violations. An example of this is with a wheelchair ramp. Simply having a ramp may not be enough, as it has to be designed correctly, to be safe under the ADA guidelines.
There needs to be 36 inches of width from one handrail to the other.
The slope cannot be more than 1:12, meaning that it goes up 1 foot for every 12 feet of lateral distance.
The maximum cross slope ratio is 1:48.
In some cases, alterations may be permitted if there’s limited space and it would be impossible for the business to meet these guidelines. For instance, a slope of 1:10 or 1:8 may be used if it doesn’t exceed a certain amount of maximum rise – 6 inches for a 1:10 slope and 3 inches for a 1:8 slope.One of the biggest things to take away from this, however, is just that the requirements are more complex than simply having or not having a ramp. All standards need to be adhered to properly, and business owners who are facing accusations of ADA violations must know about their legal options.
]]>On Behalf of Karlin Law Firm LLPhttps://www.karlinlaw.com/?p=552652023-12-11T07:54:54Z2023-12-22T07:54:15ZThe type of violation
First and foremost, the specific type of violation is going to have an impact on the total you’ll potentially owe. For example, some sources claim that website accessibility issues may cost a business around $5,000. But the total could be very different for physical accessibility issues, such as a lack of wheelchair ramps or wheelchair-accessible bathrooms.
Paying the fees
Another thing to keep in mind is that you may have to include payment for specific fees within the settlement. For instance, perhaps you were sued by an individual and you need to cover their court costs and attorney fees. These can add up.
The time that it takes
Furthermore, longer cases tend to result in higher costs because there are more court dates and attorneys’ fees incurred for the liable party. For instance, some ADA cases are settled relatively quickly, but there was a case versus Domino’s Pizza that took litigation for six years to finally be resolved. The total amount of the settlement hasn’t been revealed, but it’s safe to say that six years of litigation likely cost much more than $5,000.
A complex process
Navigating the ins and outs of a settlement is a very complicated process in the event that you are held liable for ADA violations and there can be a lot of money on the line. It’s very important to understand all of your rights when facing accusations of an ADA violation and to know exactly what legal steps to take as the process moves forward to better safeguard your interests and to adjust your expectations accordingly.]]>On Behalf of Karlin Law Firm LLPhttps://www.karlinlaw.com/?p=552572023-12-04T05:14:07Z2023-12-15T05:13:54ZThe Unruh Civil Rights Act, rooted in California’s anti-discrimination laws, prohibits businesses from engaging in unjust discrimination based on protected characteristics.
Suppose you’ve been served with such a lawsuit; knowing how to respond to the complaint is crucial because you have limited time to do so. You have 30 days to respond if the lawsuit was filed in a Superior Court and 21 days if the complaint was filed in a U.S. District Court.
Treat the lawsuit with the seriousness it deserves
It’s easy to assume that an Unruh Civil Rights Act lawsuit is simply about parking space or a dining table. However, this would be a misleading mindset because buried deep in these cases is usually a reference to DORAN v. ELEVEN INC (2008). This is a strategy plaintiffs employ to broaden the scope of the lawsuit to include new barriers that weren’t specified in the original complaint.
As soon as you get served with the lawsuit, it’s prudent to start collecting all pertinent documents, including business policies and customer interactions, that may support your case. The information you have compared with the complaint filed against your property can help determine if the claims have merit and whether relevant defenses can apply. Your lawsuit can be defended if your property is ADA-compliant and the complaints lack merit or otherwise fall within an exception to certain requirements.
Effectively responding to an Unruh Civil Rights Act lawsuit demands a meticulous approach. By following these strategic steps, backed by knowledgeable legal guidance, businesses can generally navigate these challenges with confidence.]]>