California at Epicenter of Rise in Disability Access Cases Against Small Businesses

HR Hero's Diversity Insight

Matthew A. Goodin, Senior Attorney in the Labor and Employment practice, in the firm’s San Francisco office, authored an article in HR Hero’s Diversity Insight titled “California at Epicenter of Rise in Disability Access Cases Against Small Businesses.”

Following is an excerpt:

In addition to allowing disabled employees to sue their employers for discriminating or refusing to provide reasonable accommodations, both federal and California law allow disabled persons to sue businesses and places of public accommodation for failing to comply with a myriad of accessibility requirements, such as having wheelchair ramps or the proper number of handicapped parking spaces. While the federal Americans with Disabilities Act (ADA) allows only for the recovery of attorneys’ fees and not damages, California’s law allows plaintiffs to recover a minimum of $4,000 in damages in addition to attorneys’ fees. It’s no wonder that more than 40 percent of all disability access cases filed in the United States are filed in California.