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If your business or property is open to the public, it must meet certain accessibility standards created by federal and state law for people with disabilities. These requirements apply to a range of potential conditions that could limit accessibility, including such commonplace items as round doorknobs or faucet handles, unsecured floor mats, high customer service counters and/or doorway thresholds that are difficult to traverse. A majority of accessibility claims continue to involve parking areas.
Accessibility standards also may apply to a range of non-physical issues, including, without limitation, a business’s policies and procedures, the accessibility of its website to people with visual or hearing limitations, the type of signage on your property, and whether qualified service animals are permitted.
Many businesses find themselves facing lawsuits contending that one or more applicable standard for disabled accessibility has not been met. In California, these lawsuits are even more prevalent due to money damages allowed under state law.
In California, business owners can voluntarily hire an inspector through the Certified Access Specialist (CASp) program. These state-certified inspectors, commonly referred to as CASp inspectors, evaluate a business or property to ensure compliance with certain disability access standards. Business owners who request a CASp evaluation can then receive an inspection report that identifies changes that might be appropriate to improve disabled accessibility.
For information about federal and state accessibility requirements, we’ve identified a few resources below that may help you gain an understanding of your compliance obligations. Employers implementing an accessibility program should consult with legal counsel.