ADA Compliance Attorneys in Temecula, California

Whether you're an employer or employee, everyone deserves to have their basic rights in the workplace upheld and protected. The basis of these rights is rooted in the Americans With Disabilities Act (ADA), but just because the laws exist doesn’t necessarily mean they’re enforced and followed at every job. Unfortunately, disability discrimination, harassment in the workplace, and failure to meet accessibility requirements in the workplace occur more often than you’d think.  

If you’d like to consult with an employment law attorney about your concerns either as an employer or worker, reach out to us at the Law Offices of Charles P. Boylston. From our offices in Temecula, California, we can represent clients throughout Southern California, including San Diego, Riverside, Orange, and Los Angeles counties. 

The Americans With Disabilities Act (ADA)  

The Americans With Disabilities Act (ADA) was a landmark legislation passed in 1990 that protects individuals with disabilities from discrimination in the workplace. This includes issues surrounding hiring and firing practices, job applications, training, compensation, recruitment, advancement, and job privileges. This law pertains to private employers, union organizations, and state and local governments that have 15 or more employees that operate more than 20 weeks within a year. The ADA Amendments Act, passed in 2008, covers the needs of students with disabilities who attend public elementary or secondary schools.   

To be considered an individual with a disability, you must have either a mental or physical impairment that “substantially limits one or more major life activities.” In addition, the employee must be able to perform the duties of their job, and this can be achieved either with or without a “reasonable” accommodation. This law protects both the workers from discrimination as well as the employer by setting clear parameters for their employment practices.  

Prohibiting Discrimination and Harassment  

By prohibiting discrimination and harassment against individuals with disabilities, the ADA ensures that those who are reasonably able to work can do so. It also establishes a framework for redress should this kind of discrimination happen at a job.  

As an employee experiencing discrimination, you’ll be able to work with an attorney to address the problem and seek a solution. Also, employers can also seek help from an employment law attorney if they feel they’re being unfairly accused of discrimination or they’re experiencing an undue hardship while trying to make accommodations for an employee with disabilities.  

Reasonable Accommodations for a Disability  

Central to the tenets of the ADA includes the rules around making reasonable accommodations for a disability. These cover actions and steps that an employer can take that make it possible for an employee to carry out their job duties. The accommodations must be relatively easy to implement and can’t create an “undue hardship” on the employer.  

Some examples of reasonable accommodation are basic adjustments to an office or workspace for an employee who uses a wheelchair, offering voice-activated software if the disability limits the employee’s ability to use a keyboard, a flexible work schedule that still allows the employee to complete all their tasks, allowing access to a disabled parking space, or reassigning a role or task. 

Workplace Accessibility Requirements  

Most workplaces will have to meet basic accessibility requirements regardless of whether they are making specific accommodations for an employee. This could include making all doorways, hallways, and restrooms easily accessible to anyone with a disability. However, these basic requirements don’t preclude you from making reasonable accommodations based on the specific needs of your employees.  

Website Accessibility Compliance  

The ADA goes beyond simply ensuring that your workplace meets accessibility requirements, but it also means that as an employer, you need to keep up with website accessibility compliance. This is a somewhat modern concern, but thankfully, most website developers understand these laws and will work with you to ensure compliance. If you aren’t in compliance, you could be facing fines or lawsuits.  

To comply, your website can include text-to-speech or closed caption options, be workable with screen readers, have all images and content be perceivable to any user, and be operable, which means providing site tools and instructions for how to navigate your site. Essentially, any user should be able to have a comparable experience using your site regardless of their disability. Because these website regulations are relatively new and not as clearly defined, you may find it helpful to meet with an experienced attorney to address your specific concerns.