The Americans with Disabilities Act (ADA) is designed to ensure equal access and opportunity for people with disabilities, but for many business owners ADA compliance can be a legal minefield. Even well-intentioned companies can face costly lawsuits for alleged violations, often over small oversights that could have been addressed proactively.
If you own or operate a business, understanding your ADA obligations is not just about avoiding fines and litigation—it’s about protecting your reputation, and welcoming every customer. Here’s what you need to know.
The Cost of Non-Compliance
ADA lawsuits have surged in recent years, targeting businesses both large and small. These claims used to focus primarily on physical accessibility (i.e. parking, entrances, restrooms), but has since expanded into digital accessibility (i.e. websites, apps).
A single violation can result in:
- Expensive settlements and attorney’s fees;
- Mandatory compliance work under strict deadlines;
- Reputational harm from public filings and media coverage.
Proactive compliance is far more affordable than defending an ADA lawsuit after the fact.
Three Practical Ways to Reduce Your Risk:
Conduct a Professional ADA Audit
Have an experienced Certified Access Specialist, or CASp, inspect your premises. They can spot potential violations before they become claims, and help prioritize affordable fixes. There are several online tools such as https://wave.webaim.org/ that can provide instant feedback on accessibility issues that may exist on your website.
Keep Accessibility in Your Maintenance Routine
Even a compliant building can become non-compliant over time. Sloping sidewalks, faded parking lines, or broken door mechanisms can quickly create violations. Build accessibility checks into your regular property maintenance.
Don’t Overlook Digital Accessibility
Your website is part of your business—and it needs to be accessible, too. Features like screen reader compatibility, text alternatives for images, and proper color contrast aren’t just best practices; they can keep you from being targeted in a web accessibility lawsuit.
How an ADA Defense Firm Can Help
ADA defense firm like JMBM can provide cost-effective strategies to bring your business or website into ADA compliance, and create policies to keep it that way. They can connect you with several reputable CASps, and website developers, knowledgeable in advising you on ADA compliance.
If a lawsuit has already been filed against you, such firms can deliver defense against serial ADA litigants, protecting businesses of all sizes and working toward the best possible outcome for every client.
Bottom Line: ADA compliance is good business, but it’s also a complex legal requirement. With the right guidance, you can stay ahead of potential issues, avoid unnecessary costs, and keep your doors open to everyone.
Contact Christopher Whang for additional information CWhang@jmbm.com