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The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation. It also mandates the establishment of TDD/telephone relay services. The current text of the ADA includes changes made by the ADA Amendments Act of 2008, which became effective on January 1, 2009. The ADA was originally enacted in public law format and later rearranged and published in the United States Code.
what is the ada and how does it apply to my business or facility?
The Americans with Disabilities Act of 1990 (ADA) is federal civil rights law that prohibits discrimination of individuals with disabilities and requires all public accommodations and commercial facilities to be accessible to individuals with disabilities. Since January 26, 1992, ALL new construction and all additions and alterations to existing buildings are required to comply with the ADA. The ADA contains no "grandfathering" provisions, therefore, places of public accommodation constructed before January 26, 1992 are required to remove barriers if it is "readily achievable to do so." Existing facilities that were built between January 26, 1992 and March 14, 2012 are required to be in compliance with the 1991 Americans with Disabilities Act Accessibility Guidelines (1991 ADAAG). IF the facility performed barrier removals prior to March 15, 2012 to the 1991 standards, then it has safe harbor for most provisions of the current 2010 Americans with Disabilities Act Standards (2010 ADAS) which became effective for facilities built after March 15, 2012. In addition, accessible features are required to be maintained at your facility. Failure to come into compliance or maintain compliance leaves you vulnerable to having a discrimination claim filed against you by an individual that is denied access to your business or facility due to physical access barriers.
CIVIL MONETARY PENALITIES UNDER TITLE III (PUBLIC ACCOMODATIONS)
On March 28, 2014, the Department of Justice issued a Final Rule that adjusts for inflation the civil monetary penalties assessed or enforced by the Civil Rights Division, including civil penalties available under title III of the Americans with Disabilities Act of 1990 (ADA). For the ADA, this adjustment increases the maximum civil penalty for a first violation under title III from $55,000 to $75,000; for a subsequent violation the new maximum is $150,000. The new maximums apply only to violations occurring on or after April 28, 2014.
This Final Rule is a non-discretionary agency action made pursuant to Section 4 of the Federal Civil Penalties Adjustment Act of 1990, as amended (Adjustment Act), which mandates the Attorney General to adjust for inflation the civil penalties assessed or enforced by the Department of Justice. The amounts of the adjustment were determined according to a specific mathematical formula set forth in Section 5 of the Adjustment Act. The previous adjustment under the ADA occurred in 1999.
Source: www.ADA.gov -- 9/3/2015
Note: Information provided on this website is NOT intended to be legal advice.
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