California requires reasonable ADA compliance from businesses, state and federal entities, public service programs, employment opportunities, and telecommunication or relay services. Since its passage in 1990, the Americans with Disabilities Act (ADA) has worked to ensure that all Americans receive the same equal rights regardless of their physical capabilities. The ADA was passed through the federal government and enacted to provide civil rights protections to all Americas irrespective of material differences such as race, ethnicity, gender, physical and mental disabilities, or other qualifying factors. California is one of the leading states in the United States regarding enforcement of the ADA.
Understanding ADA Compliance in California:
Across the United States, the ADA prohibits discrimination in accessing employment, government assistance programs, communication programs, transportation, and both privately owned and commercial businesses or facilities. Legally, California defines disability more broadly than the federal government does. Therefore, it provides more protection for citizens under the ADA, creating stricter means of enforcement.
The Official ADA Act has four primary categories, formally known as Titles. Legislators wrote each Title with a specific focus on disability in the social sphere. Additionally, each section explicitly outlines the accommodations required to claim ADA Compliance. The four Titles are as follows:
- Title I: Employment
- Title II: State and Local Government Activities & Transportation
- Title III: Public Accommodations
- Title IV: Telecommunications Relay Services
To access information regarding a specific issue and the applicable ADA regulations, reference the Official United States Department of Justice Civil Rights Division website by clicking here.
The Unruh Act:
The Unruh Act is a piece of California legislation that prohibits businesses from discriminating against individuals based on a disability. Because of how the original passage of the ADA was structured, no title is exclusively specific to the requirements a business must meet to claim ADA Compliance. Because of this, California legislation amended section 5 of the California Civil Code in 1992 to provide protections to disabled individuals during their interactions with state and local businesses through the addition of the Unruh Act.
Since the addition of the Unruh Act to the California Civil Code, any ADA violation is a violation of both. Unlike the protections provided to individuals by the ADA, the Unruh Act allows disabled individuals in California who have been victims of discrimination to file a court claim petitioning for financial compensation. Individuals who file the claim can request a minimum of $4,000 USD in monetary compensation for each act of discrimination and up to three times the amount of statutory damages.
California ADA Compliance Checklist:
In 2010 the state of California updated its ADA compliance laws to ensure that all its regulations and required protections coincided with the newly established ADA Accessible Design clause. Statistically, most complaints made in California regarding ADA violations are related to the accessibility of public buildings, parking, and accessible pathways. A violation of this kind, or any violation of the ADA, can be costly. Legally, California and federal legislation consider ADA violations as civil rights violations. Penalties for violation of ADA compliance are like the Unruh Act. Individuals subjected to discrimination through a violation of the ADA can receive up to $4,000 in compensation for statutory damages. Regulations for ADA compliance in California are precise and should be looked at carefully for compliance. A checklist may help ensure that the entity has adhered to all the principal ADA regulations.
When accommodating ADA regulations, consider the following:
- Accessible Parking
- Accessible Walkways
- Accessible Public Transportation
- Proper Signage Advertising Accessible Parking
- Clear and Visible Signage Advertising Accessible Walkways
- Ramps
- Handrails Along Stairwells
- Doors and Doorways
- Accessible Bathrooms
- Accessible Toilets or Toilet Stalls
- Accessible Handwashing Stations or Sinks
- Accessible and Open Showers
- Accessible Hallways
- Accessible Rooms
- Accessible Public Telephones
- Accessible Water Fountains
ADA Compliance in California: Requirements for Businesses
The ADA intends to provide uniform protections for disabled Americans. However, the actual application of its regulations looks different depending on the sector of the social sphere. For businesses, the ADA has specific requirements to ensure accessibility and protect individuals from any act of discrimination. Specifically, Title III of the ADA explicitly outlines the requirements all businesses must meet to maintain compliance.
Title III of the ADA defines public accommodations as any privately owned business that are either owned, rented, or leased to provide a service, such as retail, restaurants, hotels, doctors’ offices, homeless shelters, and other service providers. Under this Title, businesses must meet all the architectural ADA requirements and comply with all non-discrimination practices regarding service, employment, and interactions. More specifically, California ADA Compliance laws require any business with at least 15 employees to comply with all ADA regulations.
Certified Access Specialist (CASp) Inspections:
To protect California businesses from unwarranted lawsuits, Senate Bill 1608 requires all businesses to pass an ADA Compliance Inspection. Formally named Certified Access Specialist (CASp) after the individual responsible for performing the inspection, these inspections aim to identify any area where a business fails to meet ADA regulations. Specifically, CASp Inspections help identify areas of compliance that have readily available solutions. Further, CASp Inspections intend to uphold ADA Compliance Standards through the following means:
- Identify areas where a California Business is failing to meet ADA Regulations
- Provide reasonable, readily available solutions to the identified problems
- Provide a time to allow the corrections to be made by the business
- Identify the businesses failures before a lawsuit occurs
The goal of CASp Inspections is to ensure that all California businesses uphold the ADA’s regulations.
ADA Compliance in California Apartments
Applying ADA Regulations to California Apartments is an entirely different process than businesses. While the general goal of maintaining accessibility and equity remains the same, the same rules do not necessarily apply to apartments. Though apartments in California are not free of the responsibility of adhering to ADA Regulations, there is no statute requiring apartment units themselves to be ADA Compliant. Instead, apartment buildings must ensure that the facility is ADA compliant.
ADA compliance means that all the following factors must be easily accessible and in adherence to ADA Regulations for an apartment to comply:
- Common Areas, such as shared living spaces, offices, and other recreational areas
- Elevators, including hallways, signage, lighting, controls, and doorways
- Other amenities, such as water fountains, parking spaces, and parking garages
In addition to these areas, the ADA requires that landlords be willing and able to accommodate a tenant with a disability reasonably. Further, additional legislation such as the Rehabilitation Act of 1973 has been passed to ensure apartment accessibility and uphold the standards of the ADA.
Contact Pride Legal
If you or a loved one are having issues with ADA or have suffered a violation of your civil rights, we invite you to contact us at Pride Legal for legal counseling or if you have any further questions. To protect your rights, hire someone who understands them.