ADA Law question

[mwskopf]

All,
Hypothetical question: ( and this is by no means meant to downplay the importance of having proper accommodations for those with disabilities)

If company X is plodding along in their 70's ish building (with no plans for alterations) and hires a person in a wheel chair, can the disabled person sue the company for not having ADA accessible items (plumbing namely)?
Thanks

 

[steveray]

Is it in California?....They can seek assistance from the DOJ, not sure that a direct lawsuit is doable...

 

[mwskopf]

No, Kansas -The land of Oz

 

[e hilton]

I think they can sue, after they go through a reasonsble process of requesting accommodations and getting denied.

 

[RLGA]

I believe you can sue in all cases, but what you get in return (if the plaintiff wins) will vary. In California, a plaintiff can receive monetary damages using the Unruh Act with the Californians with Disabilities Acts as the basis. In most other states, the only thing they could achieve is injunctive relief (i.e., fixing the problem). For claims with the DOJ on ADA violations, compensatory damages and back pay could be awarded; however, the DOJ cannot sue unless negotiations to settle have failed (per DOJ's ADA website).

 

[north star]

$ ~ $

mwskopf,

I agree with ** e Hilton **……...The new employee would need to
raise awareness, ...make requests to alter to ADA compliance, which
"most likely" would send up red flags as to them not making it thru
their probationary period, and document, document, document,
document...…..IMO, this type activity will not set too well with
leadership after being hired.

$ ~ $

 

[ADAguy]

$ ~ $

mwskopf,

I agree with ** e Hilton **……...The new employee would need to
raise awareness, ...make requests to alter to ADA compliance, which
"most likely" would send up red flags as to them not making it thru
their probationary period, and document, document, document,
document...…..IMO, this type activity will not set too well with
leadership after being hired.

$ ~ $

Title I compliance is required as in reasonable accommodation

 

[mwskopf]

ADAguy,
Could you expound on that? Not sure I am following reasonable accommodation.
Thanks

 

[e hilton]

IMO, this type activity will not set too well with
leadership after being hired.

$ ~ $

And then the employee has grounds to sue for retaliatory actions by the employer.

 

[mwskopf]

Was thinking the same e hilton.

 

[SY PE]

Info on Reasonable Accomodation: https://www.eeoc.gov/laws/guidance/...le-accommodation-and-undue-hardship-under-ada

from that webpage: "Title I of the Americans with Disabilities Act of 1990 (the "ADA")(1) requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship. "

 

[mwskopf]

Thanks for the link! I checked it out. Seems like the term undue hardship is still a bit nebulus, but I admit it would be unique for every case and difficult to define.

 

[e hilton]

. Seems like the term undue hardship is still a bit nebulus,

That’s because they hard to write the rules to cover everyone, and what “undue” for Bank of America is a whole lot different from “undue” for a 5 person real estate office.

 

[mwskopf]

Agreed. The document does go into much greater depth concerning "undue hardship issues" as I continued reading. That part helped a little more.

 

[ADAguy]

Is Company "X" also a 70ish company or? With an HR department?

 

[mwskopf]

It is one company of approximately that era, if not older, with multiple departments within -HR, engineering, managers, and execs. What are your thoughts?

 

[ADAguy]

It is one company of approximately that era, if not older, with multiple departments within -HR, engineering, managers, and execs. What are your thoughts?

Someone has been asleep at the switch to be pleading ignorance this late in the game.

 

[Robert]

Agreed. The document does go into much greater depth concerning "undue hardship issues" as I continued reading. That part helped a little more.

There is always the responsibility for barrier removal regardless of age of building and or public vs. private use. Barrier removal can be as simple as changing the door hardware, adding braille signage at elevators, installing power operated doors, removing furniture to allow more maneuverability and companion seating, lowering a countertop. These are low cost items. When it comes to the big stuff....remodeling bathrooms, widening doorways, changing switch and outlet locations....these might be considered unreasonable hardship depending on the scope of remodel you might be doing (in CA when you hit 20% of construction cost, you have achieved minimum required upgrades). As ehilton said, a large corporate building is different than a mom and pop business...the economies of scale kick in with respect to "hardship" and the income that is generated.

 

[ICE]

The company should have the employee work from home.

i thought of this by myself and I’m not even an architect.....

 

[steveray]

Yeah...go work from home you cripple!......See how that doesn't fly?

 

[ADAguy]

Please avoid use of the "C" word.