ADA Compliance For California Businesses

ADA Compliance For California Businesses

Key Takeaways

  • California enforces both federal ADA requirements and state-specific accessibility laws, often exceeding federal standards
  • Non-compliance can result in costly lawsuits, with statutory damages of up to $4,000 per violation under the Unruh Act
  • ADA compliance extends beyond physical accessibility to include digital platforms and customer service practices
  • Regular audits, staff training, and ongoing updates are crucial for maintaining compliance
  • Implementing accessibility measures can significantly expand your customer base and enhance brand reputation

California is home to nearly 40 million people and the world’s fifth-largest economy, is renowned for its progressive stance on civil rights and accessibility. 

For businesses operating in CA, understanding and implementing ADA compliance is not just a legal requirement—it’s a crucial aspect of serving the community and tapping into a significant market. 

This exhaustive guide will walk you through every aspect of ADA compliance for California businesses, ensuring you have all the information needed to navigate this complex landscape.

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ADA Compliance In California

The Americans with Disabilities Act (ADA) of 1990 set the foundation for accessibility standards nationwide. However, California has taken these requirements further, establishing itself as a leader in disability rights and accessibility. 

For businesses operating in California, understanding ADA compliance is not just about avoiding legal troubles—it’s about embracing inclusivity and tapping into a market of over 4 million Californians with disabilities.

Federal ADA Requirements

The ADA is divided into five titles:

  • Title I: Employment
  • Title II: State and Local Government
  • Title III: Public Accommodations and Commercial Facilities
  • Title IV: Telecommunications
  • Title V: Miscellaneous Provisions

For most businesses, Title III is the most relevant, as it covers accessibility in places of public accommodation.

California-Specific Laws

California goes beyond federal requirements with several state-specific laws:

  1. California Building Standards Code (CBC): More stringent than federal standards, particularly for new construction and renovations.
  2. California Disabled Persons Act (CDPA): Provides broader protections than the ADA and allows for greater damages in lawsuits.
  3. Unruh Civil Rights Act: Prohibits discrimination in business establishments and provides for statutory damages.
  4. California Fair Employment and Housing Act (FEHA): Addresses disability discrimination in employment and housing.
  5. Government Code Section 11135: Requires state government-funded programs and activities to be accessible.

Understanding this multi-layered legal framework is crucial for California businesses to ensure comprehensive compliance.

Ensure your business is ADA compliant!

Contact Martin Brothers ADA Inspection Services so we can help you get compliant.

ADA Lawsuit Trends In California

ADA Lawsuit Trends In California

California has consistently been one of the top states for ADA lawsuits. Let’s look at the trends:

  • 2017-2019: 177% rise in ADA lawsuits nationwide
  • 2020: 223 ADA website compliance lawsuits in California
  • 2021: 360 ADA website compliance lawsuits in California

It’s important to note that these figures only represent federal lawsuits. Many more complaints are settled out of court or filed in state courts under the Unruh Act.

Factors Contributing to High Lawsuit Rates

  1. California’s strong disability rights laws
  2. Large population and business density
  3. Increased awareness of digital accessibility requirements
  4. The presence of serial litigants or “professional plaintiffs”

Notable California ADA Cases

  1. Robles v. Domino’s Pizza LLC (2019): Established that the ADA applies to websites and mobile apps connected to physical businesses.
  2. Thurston v. Midvale Corporation (2019): Reinforced the applicability of the ADA to business websites, even for small companies.

These cases underscore the importance of digital accessibility for California businesses.

Physical Accessibility Requirements

Physical Accessibility Requirements

Physical accessibility remains a cornerstone of ADA compliance.

California businesses must adhere to both federal ADA standards and the more stringent California Building Standards Code (CBC).

Key Areas of Physical Accessibility

  1. Entrances and Exits
    • Accessible routes from parking and public sidewalks
    • Proper door width and hardware
    • Ramps where necessary
  2. Interior Spaces
    • Clear paths of travel
    • Adequate turning space for wheelchairs
    • Accessible counters and tables
  3. Restrooms
    • Proper dimensions for stalls and turning space
    • Accessible fixtures and grab bars
  4. Parking
    • Required number of accessible spaces based on lot size
    • Van-accessible spaces
    • Proper signage and markings
  5. Signage
    • Tactile and Braille signs where required
    • Proper placement and visibility

California-Specific Requirements

The CBC often requires more stringent standards than federal ADA guidelines. For example:

  • Lower reach ranges for controls and operating mechanisms
  • More stringent requirements for detectable warnings on curb ramps
  • Additional requirements for assisted listening systems in assembly areas

Businesses should consult with a Certified Access Specialist (CASp) to ensure compliance with both federal and state standards.

Digital And Website Compliance

In the digital age, website accessibility has become as crucial as physical accessibility. 

California has been at the forefront of enforcing digital accessibility standards, setting precedents that influence practices nationwide.

Key Components of Digital Accessibility

  1. Perceivable Information
    • Text alternatives for non-text content
    • Captions for multimedia
    • Content adaptable and distinguishable
  2. Operable User Interface
    • Keyboard accessibility
    • Sufficient time to read and use content
    • Navigable structure
  3. Understandable Information and Interface
    • Readable and predictable content
    • Input assistance
  4. Robust Content and Reliable Interpretation
    • Compatibility with current and future user tools

WCAG Compliance Levels

The Web Content Accessibility Guidelines (WCAG) provide three levels of conformance:

  • Level A (minimum level)
  • Level AA (mid-range)
  • Level AAA (highest level)

California generally requires WCAG 2.0 Level AA compliance, but aiming for WCAG 2.1 or even 2.2 Level AA is recommended for future-proofing.

Mobile App Accessibility

With the increasing use of mobile apps, ensuring they are accessible is crucial. Key considerations include:

  • Screen reader compatibility
  • Proper labeling of buttons and form fields
  • Sufficient color contrast
  • Touch target size and spacing

California AB 434 And WCAG Guidelines

Assembly Bill 434 (AB 434), enacted in 2017, requires all state agency websites to meet WCAG 2.0 Level AA standards.

While this law specifically targets state agencies, it sets a precedent for all businesses operating in California.

Key Requirements of AB 434

  1. Compliance with WCAG 2.0 Level AA
  2. Regular testing and reporting of accessibility status
  3. Posting of an accessibility certification on the homepage

WCAG 2.0 Level AA Criteria in Detail

  1. Perceivable
    • Provide text alternatives for non-text content
    • Provide captions and other alternatives for multimedia
    • Create content that can be presented in different ways without losing meaning
    • Make it easier for users to see and hear content
  2. Operable
    • Make all functionality available from a keyboard
    • Give users enough time to read and use content
    • Do not use content that causes seizures
    • Provide ways to help users navigate and find content
  3. Understandable
    • Make text readable and understandable
    • Make content appear and operate in predictable ways
    • Help users avoid and correct mistakes
  4. Robust
    • Maximize compatibility with current and future user tools

While AB 434 doesn’t directly apply to private businesses, courts often look to these standards when determining what constitutes reasonable accessibility for business websites.

The Unruh Civil Rights Act

The Unruh Civil Rights Act

The Unruh Civil Rights Act, codified as California Civil Code section 51, is one of the most powerful tools for enforcing accessibility in California.

It goes beyond the ADA in several key ways.

Key Features of the Unruh Act

  1. Broader Coverage: Applies to all business establishments of any kind whatsoever
  2. Statutory Damages: Provides for a minimum of $4,000 in statutory damages per violation
  3. Intentional Discrimination Not Required: Plaintiffs don’t need to prove intentional discrimination
  4. Incorporation of ADA: Any violation of the ADA is automatically a violation of the Unruh Act

Impact on Businesses

The Unruh Act significantly increases the stakes for non-compliance:

  • Higher potential damages compared to federal ADA claims
  • Easier for plaintiffs to bring suits
  • Applies to both physical and digital accessibility

Notable Unruh Act Cases

  1. Thurston v. Omni Hotels Management Corp. (2018): Established that websites with a nexus to a physical place of public accommodation must be accessible.
  2. Martinez v. San Diego County Credit Union (2020): Reinforced that credit union websites must be accessible under the Unruh Act.

These cases demonstrate the broad application of the Unruh Act to various types of businesses and their digital platforms.

California Consumer Privacy Act (CCPA) And Accessibility

California Consumer Privacy Act (CCPA) And Accessibility

While primarily focused on data privacy, the California Consumer Privacy Act (CCPA) also has implications for accessibility. Businesses must ensure that their privacy policies and opt-out mechanisms are accessible to individuals with disabilities.

CCPA Accessibility Requirements

  1. Accessible Privacy Policies: Must be available in formats accessible to individuals with disabilities
  2. Accessible Opt-Out Methods: Methods for submitting requests must be accessible
  3. Alternative Communication Methods: Businesses must provide alternative methods (e.g., toll-free number) for individuals who cannot access standard web forms

Intersection with ADA Compliance

  • Ensuring CCPA compliance often aligns with broader digital accessibility efforts
  • Accessible privacy policies and opt-out mechanisms contribute to overall website accessibility

Risks Of Non-Compliance For California Businesses

Risks Of Non-Compliance For California Businesses

Non-compliance with ADA and California-specific accessibility laws can have severe consequences for businesses.

Financial Risks

  1. Statutory Damages: Minimum of $4,000 per violation under the Unruh Act
  2. Multiple Violations: A single website could have numerous violations, multiplying potential damages
  3. Attorney’s Fees: Businesses may be required to pay the plaintiff’s attorney fees

Legal Risks

  1. Increased Likelihood of Lawsuits: California’s strong laws make it an attractive venue for accessibility lawsuits
  2. Serial Litigants: Some individuals file multiple lawsuits against non-compliant businesses
  3. Government Enforcement: Potential for action by the California Department of Fair Employment and Housing

Reputational Risks

  1. Negative Publicity: Lawsuits can generate negative press coverage
  2. Loss of Customer Trust: Non-compliance can be seen as a lack of concern for individuals with disabilities
  3. Social Media Backlash: Accessibility issues can quickly become viral on social platforms

Operational Risks

  1. Retrofit Costs: Addressing accessibility issues retroactively can be more expensive than building in accessibility from the start
  2. Business Interruptions: Lawsuits and remediation efforts can disrupt normal business operations

PRO TIP!

Stay informed about ADA guidelines to minimize legal risks and ensure compliance.

Mark Thompson

ADA Compliance Specialist

Benefits of ADA Compliance For California Businesses

While the risks of non-compliance are significant, the benefits of embracing accessibility are equally compelling.

Expanded Market Reach

  1. Larger Customer Base: Over 4 million Californians have a disability
  2. Aging Population: Accessibility features benefit older adults, a growing demographic
  3. Improved User Experience: Many accessibility features improve usability for all customers

Enhanced Brand Reputation

  1. Corporate Social Responsibility: Demonstrates commitment to inclusivity
  2. Positive Press Coverage: Accessibility initiatives can generate positive media attention
  3. Word-of-Mouth Marketing: Satisfied customers with disabilities often become strong brand advocates

Legal Protection

  1. Reduced Lawsuit Risk: Proactive compliance significantly reduces the risk of accessibility lawsuits
  2. Defense Against Claims: Documented compliance efforts can help defend against potential claims

Improved SEO and Digital Performance

  1. Better Search Engine Rankings: Many accessibility practices align with SEO best practices
  2. Increased Site Usability: Accessible websites often have lower bounce rates and higher engagement

Innovation Driver

  1. New Product Ideas: Considering accessibility can lead to innovative product features
  2. Improved Design Processes: Accessibility considerations often result in better overall design

Steps to Achieve ADA Compliance in California

Steps to Achieve ADA Compliance in California

Achieving and maintaining ADA compliance in California requires a systematic approach. Here’s a step-by-step guide:

1. Conduct a Comprehensive Audit

  • Physical Spaces:
    • Hire a Certified Access Specialist (CASp) to evaluate your premises
    • Review all customer-facing areas, including parking, entrances, and restrooms
  • Digital Platforms:
    • Use automated tools like WAVE or axe for initial scans
    • Conduct manual testing with screen readers and keyboard navigation
    • Consider hiring accessibility experts for a thorough evaluation

2. Develop a Compliance Plan

  • Prioritize issues based on impact and ease of remediation
  • Set realistic timelines for addressing each issue
  • Allocate necessary resources (budget, personnel, etc.)

3. Implement Physical Accessibility Improvements

  • Address high-priority issues first (e.g., entrance accessibility, restroom compliance)
  • Make necessary modifications to ensure clear paths of travel
  • Update signage to meet ADA and CBC requirements

4. Enhance Digital Accessibility

  • Optimize website and mobile apps for screen reader compatibility
  • Ensure all functions are keyboard-accessible
  • Provide text alternatives for non-text content
  • Improve color contrast and text readability

Contact us today!

Request an ADA Consultation with Martin Brothers ADA Inspection today!

Industry-Specific ADA Compliance Considerations

Industry-Specific ADA Compliance Considerations

While ADA compliance is crucial for all businesses, certain industries face unique challenges and requirements.

Maintaining Ongoing Compliance

ADA compliance is a continual process, and to ensure you stay ADA complaint, you should take into account these guidelines:

1. Regular Audits

  • Conduct annual comprehensive audits of physical spaces and digital platforms
  • Use a combination of internal checks and third-party evaluations

2. Staying Informed

  • Subscribe to updates from relevant government agencies and disability rights organizations
  • Attend conferences and webinars on accessibility and compliance

3. Feedback Mechanisms

  • Implement accessible ways for customers to report accessibility issues
  • Regularly seek input from employees and customers with disabilities

4. Technology Updates

  • Keep accessibility plugins and tools up-to-date
  • Regularly test website and app updates for accessibility issues

5. Policy Reviews

  • Annually review and update accessibility policies and procedures
  • Ensure new business initiatives consider accessibility from the outset
  • Annually review and update accessibility policies and procedures
  • Ensure new business initiatives consider accessibility from the outset

Common Misconceptions About ADA Compliance

Common Misconceptions About ADA Compliance

Dispelling myths about ADA compliance is crucial for California businesses to understand their responsibilities accurately.

Myth 1: ADA compliance is only about physical accessibility

 Reality: ADA compliance encompasses both physical and digital accessibility, including websites, mobile apps, and customer service practices.

Myth 2: Small businesses are exempt from ADA requirements

Reality: The ADA applies to all businesses that serve the public, regardless of size. While there may be some exceptions for “undue burden,” most accessibility measures are considered reasonable accommodations.

Myth 3: ADA compliance is a one-time fix

Reality: Compliance is an ongoing process that requires regular audits, updates, and maintenance.

Myth 4: Website accessibility only matters for large companies

Reality: All business websites, regardless of the company’s size, should be accessible. California courts have consistently held that the ADA applies to websites with a nexus to physical locations.

Myth 5: Accessibility is too expensive to implement

Reality: While there can be costs associated with accessibility, many solutions are low-cost or free. Moreover, the cost of non-compliance can far exceed the cost of implementation.

Related Articles

Key Takeaways Temporary disabilities need specific accommodations. The ADA protects individuals with temporary impairments. ADA laws support temporary..

Make your business accessible to everyone by prioritizing ADA compliance.

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Frequently Asked Questions

Written by Mark Thompson

Mark Thompson is a passionate ADA Compliance Specialist with over 15 years of experience. His journey began as an environmental technician, where he recognized the importance of inclusive design. With a keen understanding of ADA regulations, Mark helps businesses navigate compliance challenges and creates welcoming environments for everyone.

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