Which obligations reach your business
The Americans with Disabilities Act covers different relationships in different parts. Businesses open to the public, such as shops, restaurants, offices, and clinics, have obligations toward customers and visitors, while employers above a certain size have obligations toward applicants and staff. For existing buildings, the federal duty to remove barriers turns on what is readily achievable, which depends partly on cost and resources, while new construction and alterations are held to more detailed design standards. Websites and apps are a growing source of claims, even though federal rules for private businesses are less specific there than for physical spaces. New York State and New York City add their own accessibility and anti-discrimination laws, and some of those allow damages that the federal law does not.
Shared responsibility and the documents behind it
Landlords and tenants can both be responsible for barriers at a leased property, so the lease often decides who pays for which fixes even though either can be named in a complaint. Website accessibility frequently depends on a platform or developer, and the service agreement may say something about it. Pull the lease, any earlier accessibility surveys, and vendor contracts before planning work. Check whether your insurance responds to accessibility claims. If you commission an audit, consider having counsel arrange it, so that the findings can be discussed in a privileged setting where that protection is available.
Building a plan
A practical compliance plan usually starts with an inspection or audit by someone qualified to assess the property or the site, followed by a prioritized list of fixes. Entrances, paths of travel, restrooms, and checkout areas are typical priorities because they affect the most visitors. In the workplace, a clear process for accommodation requests, and a record of how each one was handled, matters as much as any physical change. We look at what kind of business you run, where you operate, what has already been done, and which items to address first. If a demand letter has already arrived, the order of steps changes, so tell us that at the outset.
