AMERICAN WITH DISABILITIES ACT (ADA)
The ADA was enacted by Congress in 1989 to protect the rights of the disabled. The ADA, is primarily composed of federal law contained in ADA and ADA Amendments Act of 2008, 42 U.S.C. §12101 (“ADAAA”) derived divided into three major sections or Tittles:
- Title I: Address businesses and places of employment who must remain accessible to individuals with disabilities.
- Title II: Addresses disability discrimination in state and local government programs, services and activities. It requires the state or local government to modify those programs, services or activities unless it would create an undue burden or fundamentally alter them.
- Title III: Guarantees individuals with disabilities the right to full and equal enjoyment of all places of public accommodations, including restaurants, movie theaters, schools, day care facilities, recreation facilities, and doctors’ offices and requires newly constructed or altered places of public accommodation—as well as commercial facilities (privately owned, nonresidential facilities such as factories, warehouses, or office buildings) to make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities.
In Florida, this includes websites that have a nexus to a physical location that must comply with the ADA.
CIVIL RIGHT LITIGATION
The Law Office of Pelayo Duran has successfully litigated and/or settled over 400 Federal Civil Rights ADA Tittle III Web Content Accessibility discrimination cases against many large national and multinational retailers who were denying access (in their Website) to visually and hearing-impaired individuals.
The Law Office of Pelayo Duran and his team are currently responsible for the implementation and ongoing Web Content Accessibility compliance supervision of over 400 Websites whose owners and/or operators are now committed to remediate and maintain their website accessible to blind and deaf individual either voluntarily, through settlement agreements, consent decrees or Final Judgment.
To learn more about how to enforce the ADA, if you encounter barriers contact The Law Offices of Pelayo Duran today.