Different parts of the law, different routes
ADA litigation is not a single type of case. Claims about access to businesses open to the public, such as stores, restaurants, hotels, and many websites, fall under one part of the federal law. Employment discrimination claims fall under another and usually must go through the federal Equal Employment Opportunity Commission or a state or local agency before a lawsuit. Claims against state and local governments follow a third set of rules. For public accommodation cases, private plaintiffs under the federal law can generally obtain an order requiring changes and attorney's fees, but not money damages, while New York State and New York City human rights laws can allow damages. That is one reason many access cases in New York include state and city claims alongside the federal one.
When a business receives an access complaint
Both the landlord and the tenant business may be responsible for physical access barriers, regardless of how the lease divides the obligation between them, so the lease should be reviewed to see who must pay. For website claims, an accessibility audit of the current site, along with any history of fixes, is often a starting point. Preserve the condition of the premises or site as it was when the complaint was filed, in addition to recording any later changes, because both may matter. Notify your insurer, although many policies do not cover these claims. Responding quickly and accurately is usually better than ignoring a demand letter, since a filed case adds costs for everyone.
For people facing barriers
If you encountered a barrier, note the date, the location, and what prevented access, and take photographs if you can do so safely. For employment matters, keep requests for accommodation and responses in writing, and be aware that agency filing deadlines can be short. Courts look at whether the person bringing the case has standing, including a genuine interest in returning to the place or using the service, so the details of your experience matter. Whether you are a business or a person with a disability, we identify which part of the law applies, which forum fits, and whether a practical resolution is available before litigation goes further.
