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The American Disability Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in employment, transportation, public accommodations, and other areas of life. The ADA also requires businesses to make reasonable accommodations for individuals with disabilities to enable them to participate fully in society.

However, over the years, plaintiffs have been using the ADA as a tool to extract a quick payout from businesses, even if they do not have an injury. Here, our New York ADA accessibility lawyers at The Samuel Law Firm discuss this issue more below.

The ADA is a federal law that was enacted in 1990 to protect individuals that are disabled from being discriminated against. The ADA covers a wide range of areas, including employment, transportation, public accommodations, and telecommunications. The purpose of the ADA is to safeguard disabled individuals and ensure that they have equal access to the opportunities and benefits available to non-disabled individuals.

Under the ADA, businesses are required to make reasonable accommodations for individuals with disabilities to enable them to participate fully in society. Reasonable accommodations may include installing wheelchair ramps, providing sign language interpreters, or modifying work schedules to accommodate an employee’s disability.

Over the years, plaintiffs have been using the ADA to extract a quick payout from businesses, even if they do not have an injury. One-way plaintiffs do this is by filing a lawsuit alleging that a business has violated the ADA by failing to make reasonable accommodations for individuals with disabilities.

These lawsuits are often frivolous, and the plaintiff has no actual injury or harm. However, businesses often settle these lawsuits to avoid the cost and expense of litigation. Even if they do not have a valid claim, the plaintiff may also threaten to file a lawsuit to force a business to settle.

These lawsuits, known as “drive-by lawsuits,” often involve plaintiffs who have never even visited the business but claim to have experienced barriers to access. For example, a plaintiff might sue a business for having a sign that is not in Braille, even though they are not visually impaired and have never been to the company.

In order to bring a legal action, a plaintiff must have “Standing,” which requires that they have suffered an injury in fact that is traceable to the defendant’s conduct, and a favorable court decision can redress that. In New York, the injury, in fact, requirement is more stringent than the federal requirement, and the plaintiff must demonstrate that they have suffered actual harm or injury.

Thus, a plaintiff cannot bring a legal action under the ADA in New York if they have not suffered an injury in fact. This means that a plaintiff must demonstrate that they were denied access to a business or sustained some other harm due to the business’s failure to make reasonable accommodations.

If your business has been accused of violating the ADA, there are several defenses that can be used. First, if the plaintiff did not suffer an injury, in fact, the claim should be dismissed. Additionally, a business can argue that they have already made reasonable accommodations for individuals with disabilities and that the plaintiff’s claim is without merit.

Another potential defense is that the plaintiff did not actually have a disability. According to the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. If the plaintiff does not meet this definition, they do not have standing to bring an ADA claim.

Finally, a business can argue that making the requested accommodations would cause an undue burden. An undue burden is defined as an action that is too difficult or too expensive to implement, given the nature of the business and its resources.