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New York City ADA Lawyer
ADA Compliance and ADA Litigation Defense Lawyer serving New York City
WATCH OUR NEW YORK CITY ADA LAWYER DISCUSS ADA LAWSUITS ON 60 MINUTES WITH ANDERSON COOPER
NEW YORK CITY ADA LAWSUIT DEFENSE ATTORNEY
New York City business owners and public accommodations are mandated by law to comply with the Americans with Disabilities Act (ADA). This federal law requires business owners, property owners, or managers to offer "reasonable accommodations" to people with disabilities under Title III of the ADA.
Businesses are being sued in New York City in ever increasing numbers. This includes lawsuits alleging inaccessible physical businesses, as well as inaccessible websites and apps. When filed in New York City, these cases often also allege violations of the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) because the plaintiff can claim damages under the state and city laws, which are not available in a lawsuit under the ADA alone.
If you have found yourself in trouble for not complying with the ADA, or if you have been accused of discriminating against someone based on their disability, New York City ADA lawyer Nolan Klein can help. Place a call or fill out our online contact form to get started.
Defining a Disability
Under the Americans with Disabilities Act, a disability is defined as "a physical or mental impairment that substantially limits one or more major life activities." Some examples of major life activities include breathing, seeing, hearing, walking, and learning. This definition also includes individuals who have a history of such an impairment or are perceived to have a disability.
It is important to note that not all disabilities are visible or obvious. Some can be invisible, such as mental health conditions, chronic illnesses, or learning disabilities. New York Business owners and employers should not make assumptions about a person's abilities based on their appearance - doing so might cause a legal issue.
It is also important to understand that the ADA protects individuals with both physical and mental disabilities. This means that accommodations must be made for individuals who have conditions such as anxiety disorders, as well as those with physical disabilities.
What Is Considered "Reasonable Accommodation"?
Under Title III of the Americans with Disabilities Act, places of public accommodation (stores, restaurants, etc.) must make modifications to physical properties, to make those businesses accessible to individuals with disabilities, such as by installing ramps or widening doorways. Additionally, businesses may be required to provide accessible communication options, such as sign language interpreters or captioning services - or making sure that websites are compatible with screen reading software.
Title I of the Americans with Disabilities Act requires employers to make reasonable accommodations for employees with disabilities. A reasonable accommodation is any modification or adjustment to a job or work environment that enables an individual with a disability to perform their job duties.
Examples of reasonable accommodations may include providing assistive technology, modifying work schedules, allowing for breaks as needed, and making physical modifications to the workplace. Employers are only required to provide reasonable accommodation as long as it does not cause undue hardship to the company.
Why You Need a New York City ADA Defense Lawyer
If you are facing a lawsuit or complaint under the ADA, it is important to seek the guidance of a New York City ADA defense attorney. An experienced ADA lawyer like Nolan Klein can help you:
Understand your obligations under the ADA and other applicable disability laws.
Develop policies and procedures to ensure compliance with the law.
Respond to complaints or lawsuits filed against your company.
Defend your company in litigation, if necessary.
A New York ADA defense lawyer can also help you navigate the complex legal landscape surrounding disability rights and accommodations. They can review your policies and procedures to ensure they are in line with current laws, as well as provide advice on how to handle requests for reasonable accommodation.
New York ADA Litigation Defense Options
Whether your business has been targeted by a legitimate or a drive-by ADA lawsuit, there are several defense options available to you. They include:
Lack of standing: To have legal standing to file an ADA lawsuit, the plaintiff must have visited the business in question and experienced discrimination firsthand. If they cannot prove this, then their case may be dismissed.
Good faith effort: If your business has made a good faith effort to comply with the ADA, then you may have a valid defense against these lawsuits. This means that you have taken reasonable steps to make your business accessible and have a plan in place for further improvements.
De Minimis defense: This defense applies in cases where the ADA violation is minor and does not cause significant harm or inconvenience to individuals with disabilities. In these situations, courts may find that the violation is too insignificant to warrant a lawsuit.
Reasonable accommodation: If a plaintiff with a disability requests accommodation that would not impose an undue hardship on your business, then you may be required to provide it. However, this does not mean that you have to make major structural changes or spend exorbitant amounts of money.
Settlement: In some cases, it may be in your best interest to settle the lawsuit rather than going to trial. This can help you avoid costly legal fees and potential damages if the case goes against you.
Counterclaims: If a drive-by ADA lawsuit is determined to be frivolous or filed in bad faith, you may be able to file a counterclaim for damages such as legal fees and lost business. This can serve as a deterrent for future lawsuits of this nature.
Business exemptions: There are certain businesses that are exempt from ADA compliance, such as private clubs and religious organizations. If your business falls into one of these categories, you may have a valid defense against an ADA lawsuit.
An ADA attorney in New York City can help you navigate these different defenses and determine the best course of action for your specific situation. They can also assist in developing a plan to make your business more accessible and prevent future lawsuits.
Schedule a Consultation with One of the Best New York ADA Attorneys
There are numerous ADA lawyers in New York with the sole purpose of exploiting businesses for their own financial gain. But at the same time, there are experienced and reputable ADA attorneys who genuinely want to help businesses comply with the law and avoid costly legal battles.
New York ADA lawyer Nolan Klein is one such lawyer who is committed to helping businesses navigate the complexities of ADA compliance and defend against ADA lawsuits.
If you are facing an ADA lawsuit or want to ensure your business is compliant with the law, schedule a consultation with Nolan Klein today. He will provide personalized and strategic legal advice to help you navigate this complex area of law and protect your business from costly lawsuits.
By Nolan Klein, Esq.
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