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ADA Law and ADA Compliance

April 30, 2025

Businesses today must take proactive measures to ensure compliance with the Americans with Disabilities Act (ADA). This federal law, enacted in 1990, aims to eliminate barriers for individuals with disabilities, ensuring full and equal access to public accommodations, employment, government services, and telecommunications. Notably, ADA compliance is critical for businesses in California, where over 41% of ADA/accessibility lawsuits in the U.S. are filed—many targeting minor technical violations rather than significant barriers to access.

Understanding ADA Regulations 

The ADA establishes standards for access in public accommodations, detailed in ADA guidelines. Businesses classified under Title III must meet accessibility requirements for their physical and digital spaces. Examples of compliance requirements include ensuring accessible parking spaces, proper signage and wayfinding, sufficient maneuverability in facilities like restrooms, and accessible means of digital interaction such as websites and reservation systems.

It’s important to note that an ADA violation can be filed by individuals, advocacy groups, or the Department of Justice. These violations expose businesses to lawsuits and financial penalties, including those stipulated in California’s Unruh Civil Rights Act.

The Changing ADA Regulatory Landscape 

It is a common misconception that meeting ADA requirements at the time of opening ensures compliance indefinitely. Over time, changes to building codes and statutory updates, such as California’s SB 1186, may introduce new obligations. Noncompliance with current ADA guidelines could result in costly legal exposure, even for businesses that have not updated their facilities since passing previous inspections.

SB 1186 not only reduces penalties to $1,000 per offense for businesses making proactive compliance efforts but also requires landlords and tenants to disclose whether properties were inspected by a Certified Access Specialist (CASp) in leases executed post-July 1, 2013. Proactively obtaining a CASp inspection significantly mitigates the risk of ADA lawsuits and penalties while positioning the business to handle future modifications cost-effectively.

General ADA Lawsuits and ADA Defense Strategies 

ADA compliance lawsuits often arise from technical violations, such as improper grading of parking lots, inaccessible restrooms, insufficient door kick plates, or inadequately designed entries. Both landlords and tenants may share liability under prevailing statutes, emphasizing the importance of lease agreements that outline responsibility for ADA compliance.

If sued, businesses must act quickly to bring properties into compliance while resolving the legal matter. Defenses often hinge on the facility’s compliance history, implementation of CASp recommendations, or “safe harbor” provisions for older buildings. However, regardless of defense options, plaintiffs are typically entitled to attorneys’ fees and penalties, underscoring the financial toll of noncompliance.

Key Recommendations for Businesses 

  • Conduct Regular Inspections - Schedule frequent audits with a Certified Access Specialist (CASp). These professionals assess physical and programmatic compliance, covering parking, paths of travel, website accessibility, and more. 

  • Invest in Proactive Compliance - Update facilities and implement corrective measures before issues arise. Address known gaps using a planned budget each year to maintain accessibility standards. 

  • Analyze Lease Agreements - Ensure leases clearly define ADA compliance responsibilities between landlords and tenants, particularly for properties newly leased after SB 1186. 

  • Educate Owners and Staff - Provide comprehensive training on ADA compliance policies and procedures—particularly for customer service and operational teams.

  • Leverage Legal Expertise - Consult an ADA law firm for compliance reviews, risk assessments, and defense strategies. Retaining an ADA lawyer, especially for businesses in high-risk areas like California, is an essential precaution.

How to Hire an ADA Attorney to Defend Against ADA Lawsuits

The Americans with Disabilities Act is a critical piece of legislation aimed at ensuring equal rights and opportunities for individuals with disabilities. However, businesses, landlords, and other entities subject to ADA compliance sometimes face lawsuits alleging violations. These ADA lawsuits can range from physical barriers in facilities to shortcomings in website accessibility. Defending against such claims requires thorough knowledge of ADA regulations and strong legal strategy, which is why hiring an experienced ADA attorney is essential. Below is a detailed guide on how to hire the right ADA attorney to defend your case effectively.

Understanding ADA Lawsuits

Before exploring how to hire an attorney, it's essential to understand ADA lawsuits and the potential risks they pose. ADA-related claims can be brought against businesses or organizations under various circumstances, including:

  • Physical Accessibility: Failures to provide ramps, accessible parking spaces, restrooms, or proper signage in commercial or public facilities.

  • Website Accessibility: Non-compliance with Web Content Accessibility Guidelines (WCAG), which ensure digital platforms are accessible to individuals with disabilities such as visual or hearing impairments.

  • Employment Discrimination: Allegations of refusing to make reasonable accommodations for employees or applicants with disabilities, as outlined under Title I of the ADA.

Lawsuits can lead to steep fines, settlements, or court-ordered modifications to business operations, in addition to reputational damage. A skilled ADA attorney can help mitigate these risks and develop legal strategies tailored to the specifics of your case.

Step 1: Determine Your Legal Needs

The first step in hiring an ADA lawyer is identifying your specific legal needs. Ask yourself the following questions:

  • What type of ADA claim are you facing? If it's a physical barrier issue, you may need an attorney experienced in premises compliance. If it's a digital accessibility claim, seek someone with expertise in website compliance and WCAG adherence.

  • Do you require local expertise? ADA lawsuits often involve local ordinances that supplement federal regulations. As an example, a California ADA attorney familiar with the local laws can provide invaluable insight.

  • How complex is the case? Minor first-time claims could be resolved through negotiation, while complex or repeated lawsuits could require aggressive litigation.

Having a clear understanding of your legal situation will help you narrow your search for attorneys who meet your specific requirements.

Step 2: Research ADA Attorneys

Once you know your needs, it’s time to begin researching ADA attorneys. Here are some effective strategies:

  • Seek Recommendations - Start by asking for recommendations from fellow business owners, trade organizations, or legal associations. Referrals from individuals who have faced similar lawsuits can often lead you to experienced professionals.

  • Conduct an Online Search - Search for ADA attorneys or law firms with a focus on ADA litigation. Be sure to include terms like ADA defense attorney or disability law specialist along with your location. The American Bar Association (ABA) website can also help you locate qualified lawyers in your area.

  • Check Directories - Use online legal directories like Martindale-Hubbell, Avvo, or FindLaw to review attorneys' profiles. These platforms provide details about their practice areas, experience, and client reviews.

  • Review Professional Websites - Visit the websites of potential attorneys or law firms. Look for mentions of ADA law, specific success stories, and any certifications or accolades in disability law. An attorney who proactively publishes relevant articles, guides, or case studies may further demonstrate their commitment to the field.

Step 3: Evaluate Qualifications and Experience

Defending an ADA lawsuit requires specialized knowledge and practical experience. Focus on the following criteria when evaluating an attorney:

  • Experience in ADA Defense - Look for attorneys who have a track record of successfully defending businesses in ADA lawsuits. Experience in navigating federal regulations, including Titles I, II, and III, is crucial.

  • Familiarity with Your Industry - Some attorneys specialize in specific industries, such as retail, hospitality, healthcare, or technology. Hiring someone familiar with your business sector can be advantageous, as they’ll understand recurring challenges and compliance issues.

  • Litigation Skills - While some cases can be resolved outside of court, others may require litigation. Ensure the attorney has experience in courtroom proceedings and a history of achieving favorable rulings.

  • Client Testimonials and References - Client feedback is a valuable indicator of an attorney’s competence and professionalism. Review testimonials on their website or ask for references directly during consultations.

  • Continuing Education  - Laws and regulations evolve over time. Choose an attorney who remains up-to-date with ADA amendments, ongoing litigation trends, and technological developments in web accessibility.

Step 4: Schedule Consultations

Most attorneys offer initial consultations to discuss your case. Use this opportunity to assess their expertise and approach. During the consultation, ask the following questions:

  • What is your experience with cases like mine? Listen carefully to how they describe past work, including examples of similar cases they’ve defended successfully.

  • What is your strategy for this case? Look for someone who provides an initial strategy based on your specific circumstances rather than generic solutions.

  • What are the potential outcomes? A good attorney should be honest about risks, probable outcomes, and how they plan to minimize potential liabilities.

  • What is your fee structure? Clarify whether they charge on an hourly basis, a flat fee, or another structure. Ensure there are no hidden costs.

  • Who will handle my case day-to-day? For law firms, verify whether the attorney you meet will personally handle your case or if it will be assigned to a junior associate.

These questions not only give you an idea of their expertise but also allow you to gauge their communication skills and professionalism.

Step 5: Consider the Costs

Defending against an ADA lawsuit requires financial investment, but hiring the right legal counsel can save you significant costs in the long run. Here’s what to keep in mind:

  • Understand Fee Agreements: Attorneys may work on an hourly rate, flat fee, or retainer basis. Make sure you understand the structure and get everything in writing.

  • Budget for Additional Expenses: Be aware of potential court filing fees, expert witness costs, and other associated expenses.

  • Weigh the Risks: While hiring a qualified attorney may seem costly, it is likely far less expensive than losing a lawsuit, incurring penalties, or making extensive retrofitting changes to your business premises.

Step 6: Build a Strong Attorney-Client Partnership

Once you’ve hired an ADA attorney, build a productive working relationship. Provide all relevant documentation and be transparent about your situation. Regular communication is key, so schedule progress updates and stay involved in the process. Your attorney should not only defend against the current lawsuit but also offer proactive strategies to enhance your compliance and prevent future claims.

Step 7: Focus on Compliance Moving Forward

Defending against one lawsuit may not be enough to safeguard your business long-term. Work with your attorney to strengthen ADA compliance across your operations. Key recommendations include:

  • Conduct Regular Audits: Use accessibility audits to identify potential compliance issues, including physical barriers, communication systems, and digital properties.

  • Train Staff: Educate your employees on ADA laws and reasonable accommodations through comprehensive training programs.

  • Consult Accessibility Experts: Engage professionals who specialize in architectural design or web accessibility for ADA compliance.

By prioritizing compliance, you demonstrate a commitment to accessibility and reduce your risk of future ADA lawsuits.

Facing an ADA lawsuit can feel overwhelming, but hiring an experienced attorney is a crucial first step in protecting your business. Take the time to research qualified professionals, evaluate their expertise, and build a partnership focused on both your defense and long-term compliance. With the right legal support, you can resolve disputes effectively while positioning your business as a leader in accessibility and inclusivity. If you’re seeking assistance today, consult legal directories or trusted associations for recommendations, and act swiftly to address your case.

Further Thoughts 

Navigating the complexities of ADA law and ADA compliance law requires proactive engagement, strategic audit practices, and specialized legal expertise. Businesses that invest in compliance measures today can avoid the significant costs and reputational damage of lawsuits tomorrow. If you need assistance evaluating your California ADA compliance or San Jose ADA advice in defending against an accessibility claim, contact one of our experienced ADA lawyers today. 

 

About Berliner Cohen

Berliner Cohen is a business law firm in Northern California with offices in San Jose, Modesto, and Merced. Our attorneys are actively involved with local and state bar associations including Santa Clara County Bar Association, Silicon Valley Bar Association, Stanislaus County Bar Association, California Lawyers Association, and more. You can view Berliner Cohen’s LinkedIn profile, Bloomberg profile, and our other profiles on Trust Analytica, US News Best Law Firms, and BCG Attorney Search.

Our practices include ADA law, business and real estate litigation, corporate law, estate planning, hospitality law, labor and employment law, land use and municipal law, real estate, tax law, and white-collar criminal defense. The firm also provides mediation services for business disputes.

Serving Our Communities

The attorneys at Berliner Cohen, LLP are dedicated to their clients and committed to the communities in which we live and work. For over 50 years, philanthropy has been one of our core values. We provide financial support through significant gifts to a range of community agencies and non-profit organizations.

Our attorneys draw from their involvement in local organizations to assist these community agencies in matters they need guidance with. Our commitment is to enhance these organizations, promote their sustainability, and augment the services they provide to clients and donors.

Awards and Accolades

Berliner Cohen and our attorneys are honored to be the recipient of numerous awards over the years. Those honors include:

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