Legislation to curb lawsuit abuse connected with the Americans with Disabilities Act (ADA) awaits action by the Legislature.
California Chamber of Commerce-supported SB 1186 (Steinberg; D-Sacramento/Dutton; R-Rancho Cucamonga) also promotes increased compliance with disability accessibility building codes throughout the state.
The bill was developed over the last four months in discussions by the authors, their staffs and a working group including the CalChamber.
Among other things, SB 1186:
- Prohibits prelitigation "demands for money" by attorneys.
- Puts into place new provisions to prevent "stacking" of multiple claims to increase statutory damages.
- Reduces statutory damages and provides litigation protections for defendants who correct violations.
- Establishes priorities for the California Commission on Disabled Accessibility that promote and facilitate disability access compliance.
California has 40% of the nation's ADA lawsuits but only 12% of the country's disabled population. SB 1186 passed the Assembly Judiciary Committee on August 28 with bipartisan support, 9-0.
Author: HR Watchdog, HRCalifornia’s Employment Law Blog, © California Chamber of Commerce