The Americans with Disabilities Act (ADA) is a law that prohibits discrimination against people with disabilities in employment, transportation, public accommodations, communications, and government activities. The ADA was signed into law in 1990 and protects the rights of individuals with disabilities by ensuring their access to the same services and opportunities available to non-disabled individuals. It also requires employers to provide reasonable accommodations for qualified individuals with disabilities.

ADA compliance is the process of making public spaces, including buildings and websites, accessible to people with disabilities so that they can access the same services and opportunities as everyone else. This includes providing accessibility features such as ramps, elevators, captioning, and Braille signage. The ADA also requires employers to make reasonable accommodations for qualified individuals with disabilities.

A Certified Access Specialist (CASp) is a professional who has been certified by the state to have specialized knowledge of the applicability of state and federal construction-related accessibility standards. A CASp will know which standards apply to your property based on the age of your facility and its history of improvements. Businesses that receive an inspection by a CASp demonstrate a proactive approach to access compliance and can benefit from legal protections.

A CASp certification is a credential awarded by the Division of the State Architect in California to individuals with the required education and experience who pass an examination demonstrating their knowledge and understanding of the application of state and federal accessibility standards and regulations. Acquiring this certification means that the professional is well-versed in understanding, applying, and advising on issues related to access compliance. They are certified to conduct a thorough evaluation of a property to identify any barriers to accessibility and provide recommendations on how to remove them. CASp certification is a mark of a high level of expertise and professionalism in the field of accessibility.

A CASp-certified professional ensures that businesses and public spaces are accessible to all individuals, including those with disabilities. These specialists conduct comprehensive audits of existing facilities, identifying any potential barriers to disabled access. They also provide practical, effective solutions to rectify these issues, adhering to the standards established by both state and federal law. A CASp professional can assist in the planning phase of new construction or renovations to ensure that accessibility is considered from the outset. By working closely with architects, designers, builders, and contractors, they can help create spaces that are inclusive and compliant with ADA standards from the ground up. CASp professionals can serve as an expert witness during litigation related to ADA compliance, providing critical insights based on their extensive knowledge of accessibility standards and regulations.

Absolutely not. The document is entirely your property if you commission a CASp evaluation and report. We do not distribute it to anyone unless we are granted explicit permission from you or if a court order mandates us. As part of the CASp’s certification renewal every three years, we must submit a list of inspected properties to the Division of the State Architect (DSA). This list will include the certificate number, the name, and the address of the business or property. However, the report’s details, including the determination of the CASp and any barriers identified, are not disclosed to the DSA. Consideration should be given to whether an agreement between an attorney and a CASp may provide some protection from disclosure of a CASp inspection report in litigation.

Ensuring your business is ADA-compliant is not just a legal obligation but also a social responsibility that promotes inclusivity. By creating an accessible environment, you demonstrate a commitment to equal access and non-discrimination, fostering goodwill among your customers and the community. ADA compliance can also help you avoid costly lawsuits and penalties associated with non-compliance. Moreover, by making your business accessible, you expand your customer base to include nearly 1 in 5 Americans with a disability, potentially increasing your revenues. Compliance can improve your company’s reputation, demonstrating that your business respects the rights and dignity of all individuals.

Our services are designed to assist businesses in achieving and maintaining ADA compliance. CASp Cris Vaughan provides comprehensive accessibility audits of your existing facilities, identifying potential barriers to disabled access. We offer pragmatic solutions to address these issues in compliance with accessibility standards. In addition to auditing existing businesses, our team also consults on new construction projects or renovations to ensure accessibility is considered from the initial planning phase through completed construction. We provide ongoing support and guidance to help your business stay up-to-date with changing regulations and continue to provide equal access for all your customers.

Non-compliance with ADA regulations can result in severe legal and financial consequences. Businesses that fail to comply with ADA standards may face civil lawsuits, which can lead to substantial monetary penalties. The Department of Justice can also impose fines up to $75,000 for a first violation to $150,000 for any subsequent violations. Non-compliance may tarnish the business’s reputation. Furthermore, non-compliant businesses miss out on the opportunity to serve a broader customer base, including nearly 1 in 5 Americans with disabilities. Hence, ADA compliance is not only a legal necessity but also a sound business practice.

An ADA consultation involves a thorough examining of your premises by a CASp-certified professional. This process begins with an in-depth site assessment where potential barriers to disabled access are identified. The expert will evaluate entrances, internal spaces, pathways, facilities, signage, and other features for ADA compliance. After the evaluation, a detailed report is prepared outlining the barriers to access identified and recommendations for improvement. The report provides a clear roadmap for achieving ADA compliance, prioritizing the most critical issues. Plan review consultation includes a comprehensive review of plans for new construction or renovations to ensure they meet accessibility standards before work begins. Ongoing consultation may also be provided to ensure continued adherence to regulations throughout the construction process.

All businesses or buildings in California that provide goods or services to the public, also known as “public accommodations,” must be ADA-compliant. This includes many establishments such as restaurants, hotels, theaters, doctor’s offices, pharmacies, retail stores, museums, libraries, parks, private schools, and other businesses. Even factories, warehouses, or office buildings must ensure accessibility in their facilities, including restrooms, and all common areas open to the public. Virtually all commercial facilities, including smaller businesses, must remove accessibility barriers when it is “readily achievable,” which means easily accomplishable without much difficulty or expense. All new construction and modifications to public buildings or businesses must comply with ADA and California Building Code (CBC) requirements for accessible design. Read more at CA.gov.

A CASp evaluation or inspection can provide you with considerable protection in the event of a lawsuit, despite not offering complete immunity until all necessary modifications have been made. Displaying your CASp certificate at your business premises may also serve as a deterrent against potential lawsuits. By undergoing a CASp inspection, you may be designated as a “Qualified Defendant,” thereby acquiring certain legal advantages in case of accessibility-related lawsuits. These benefits vary and may include some or all of the following:

1. A 90-day stay of any lawsuit, offering a three-month hiatus during which the plaintiff cannot accumulate legal fees at your expense. This period also allows you time to rectify any violations and potentially request a dismissal.
2. A mandatory Early Evaluation Conference (EEC) that must be held within 35 days.
3. Requirement for the plaintiff to provide the cost basis of the claimed violation 15 days prior to the EEC.
4. Potential reduction of minimum statutory damages from $4,000 per incident to just $1,000 per incident.
5. The visible display of your inspection certificate may deter attorneys from identifying your property as an “easy target,” as most accessibility-related lawsuits (90%) are settled to avoid the time and expense of court proceedings.
6. After the inspection, you can formulate a plan to rectify the identified issues, allowing you to factor in these expenses in future budgets rather than being caught off guard by unexpected legal and construction costs that frequently result from an ADA Lawsuit.

The legal benefits of a CASp inspection may take effect immediately, beginning when the inspector first arrives at your property. After receiving your report, you’ll need to establish and commit to a reasonable time frame for eliminating any identified barriers. This commitment demonstrates your good faith effort towards compliance and helps protect your business legally.