Accessibility and Disability

The concepts of disability discrimination and accessibility continue to evolve and expand, and, in some instances, have yet to be clearly defined, such as in the areas of websites and emerging technology. We take a practical approach to advising clients in order to help them limit potential liability and enhance decision-making.

We advise clients on compliance matters and represent clients before regulatory agencies, federal and state courts, and Congress. Our attorneys counsel clients on all matters of compliance arising under the Americans with Disabilities Act (ADA) and other federal, state and local laws, including communications accessibility, website accessibility, provision of auxiliary aids and services, and nondiscrimination in operational policies, practices and procedures.

We regularly advise clients on these complex laws and regulations, including, but not limited to:

• ADA Amendments Act of 2008
• The Americans with Disabilities Act (ADA)
• Rehabilitation Act of 1973
• Fair Housing Amendments Act (FHAA)

We also counsel clients on design/construction accessibility requirements for new construction and alterations, barrier removal obligations for existing facilities, and accessibility requirements/non-discriminatory obligations for multi-family housing. We can assist clients in planning a multi-faceted approach incorporating federal, state and local accessibility requirements.

As part of Barnes & Thornburg’s labor and employment practice, we also counsel and defend clients with respect to disability issues in the employment context, such as provision of reasonable accommodation and leave policies and procedures. Our attorneys also defend clients in litigation and administrative actions arising under federal and state disability laws, as well as in general employment matters.

We represent a broad range of clients, from Fortune 500 companies to trade associations, and advise clients in the following industries:

• Lodging
• Retail
• Restaurant
• Construction
• Racetrack
• Insurance
• Housing
• Healthcare
• Education
• Cruise line
• Stadium/arenas and professional sports

Our resources allow us to assist clients at every stage of development, maintenance and operation of a facility, including the design/construction phase, survey of existing facilities, accommodation requirements, development of policies and procedures, and employee training.