Disability Access Reform Bill Becomes Law

Legislation that would limit frivolous litigation connected with the Americans with Disabilities Act (ADA) was signed by the governor Wednesday.

The California Chamber of Commerce-supported legislation - SB 1186 (Steinberg; D-Sacramento/Dutton; R-Rancho Cucamonga) - also promotes increased compliance with disability accessibility building codes throughout the state.

The legislation was developed over the last four months as an urgency measure, which took effect immediately upon being signed on September 19 by Gov. Jerry Brown.

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 percent of the nation’s ADA lawsuits but only 12 percent of the country’s disabled population.

Author: HR Watchdog, HRCalifornia’s Employment Law Blog, © California Chamber of Commerce