ADA Lawsuit Defense Attorney

By Douglas Wade, Attorney

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Table of Contents

1. How Can An ADA Attorney Help?

2. What Is an ADA Lawsuit?

3. How to Defend Your Business Against ADA Lawsuits

How Can An ADA Attorney Help?

An ADA defense attorney typically refers to an attorney who defends individuals accused of violating the Americans with Disabilities Act (ADA). The ADA is a federal law in the United States that prohibits discrimination against people with disabilities in various areas, including employment, public accommodations, transportation, and telecommunications.

The role of an ADA defense attorney involves representing individuals or entities facing allegations of ADA violations. Here are some key responsibilities and activities associated with this type of legal practice:

Legal Consultation:
- Provide legal advice and consultation to clients regarding ADA compliance.
- Assess the specific circumstances of the case and help clients understand their rights and obligations under the ADA.
Defense Representation:
- Represent clients in legal proceedings related to ADA violations.
- Defend against claims brought by individuals or government agencies alleging violations of the ADA.
Compliance Counseling:
- Assist clients in understanding and implementing ADA requirements to ensure compliance.
- Provide guidance on reasonable accommodations for individuals with disabilities.
Investigation and Case Preparation:
- Investigate the facts surrounding ADA complaints or lawsuits.
- Gather evidence and prepare a strong defense strategy.
Negotiation and Settlement:
- Negotiate with opposing parties to reach a settlement when appropriate.
- Work to resolve ADA claims through alternative dispute resolution methods, such as mediation.
Litigation:
- Represent clients in court if the case goes to trial.
- Present legal arguments, examine witnesses, and advocate for the client’s position.
Appeals:
- Handle appeals if a case is not resolved at the trial level.
Stay Informed on ADA Changes:
- Stay current with changes in ADA regulations and legal interpretations to provide accurate and up-to-date advice.

It’s important to note that ADA defense attorneys may work with businesses, employers, or entities accused of violating the ADA, rather than representing individuals with disabilities. Their goal is to ensure that their clients comply with the law and to defend against claims of non-compliance.

What Is an ADA Lawsuit?

ADA is the Americans with Disabilities Act which was passed in 1990 to protect workers with disabilities against discrimination. The ADA covers everything from hiring to firing workers and ensuring workers have reasonable concessions in the workplace for their disability. The ADA also covers customers and ensures businesses are accessible to the general public.

The law makes concessions for businesses with less than 15 employees to protect small businesses from the financial cost of updating older buildings to be accessible. However, businesses should look at ways to make their business accessible. Some easy and cost-effective ways to do this are:

Providing handicap spots in front of your business
Installing ramps
Allowing service animals

If your business is facing an ADA lawsuit, whether the claim has merit or not, consult with an ADA defense attorney immediately. Even a false ADA lawsuit can damage your business financially, and its reputation is mishandled. Working with an ADA defense lawyer will help your business meet ADA compliance.

How to Defend Your Business Against ADA Lawsuits

The first thing to do when your business is named in an ADA lawsuit is to hire a skilled lawyer. They can assist you in investigating the claims and seeing if your business is ADA compliant. Your defense strategy will depend on what the investigation finds.

If there are no compliance issues, the lawyer will gather evidence that your business is compliant. They will defend your business aggressively and try and get the lawsuit thrown out.

If there are compliance issues, the lawyer will assist you in creating a plan to fix these issues and ensure your company is compliant. This will protect you from future lawsuits and also reduce the consequences of the current lawsuit. Showing that you have identified issues and fixed them immediately will put your business in good standing.

Investigate the Plaintiff’s Allegations

The first step a business should take is to investigate the lawsuit’s claims. They should hire a lawyer to help go through all policies, contracts, and handbooks to ensure they are ADA compliant. If the claim is related to a particular incident, they can interview witnesses and find out what happened. If the claim is related to the premises not being accessible, architects and contractors specializing in ADA can survey the building.

Under ADA law, businesses only need to bring their premises into compliance when it is “readily achievable.” This is to ensure small businesses do not go bankrupt, trying to bring old buildings into compliance. The ADA will rule on a case by case basis.

Serve Written Discovery

There are many ways to get an ADA case thrown out early. One of these is to identify if the plaintiff actually intends to return to the business if the changes are made. If you can prove the plaintiff is unlikely to, then the case will be thrown out. For example, if the plaintiff resides in another state, has only visited the business once, or has filed several similar lawsuits previously.

File an Early Offer of Judgement

If the plaintiff has made an unreasonable settlement demand, then you can file an early offer of judgment. This means the plaintiff has skin in the game as they must pay all costs incurred after the offer was made if they do not beat the offer in trial. This may make the plaintiff reconsider their claim.

Be Mindful of Government Agency Investigation

Depending on how the claim was filed, in some states, a government agency will investigate the claim. The government agency will then file a suit on behalf of the plaintiff and award damages.

Consider Filing a Counter Claim

If you believe the plaintiff has an ulterior motive for filing the suit, you can file a counter-suit for abuse of process. These counter suits are not often successful, but they may convince the plaintiff to drop their lawsuit.

Businesses should take all ADA claims seriously as they can cause real damage to a business. Even if a business wins a case, the bad press can have a severe effect on the business’s reputation. Hire an experienced lawyer to formulate a winning plan.

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ADA Lawsuit Defense Attorney

How Can An ADA Attorney Help?

What Is an ADA Lawsuit?

How to Defend Your Business Against ADA Lawsuits

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