Disabled customers can’t access your facilities? Pay up!

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in Discrimination and Harassment,Human Resources

You know that you have to accommodate disabled applicants and employees under both the ADA and California’s Unruh Civil Rights Act. When making those accommodations, think of customers, too.

The California Supreme Court has ruled that customers who can’t access your public spaces (e.g., lobbies, stores, dining rooms, etc.,) can sue for damages without proving intentional discrimination.

Recent case:
Ken Munson uses a wheelchair and couldn’t get into the restrooms at a Del Taco restaurant. He sued, alleging disability discrimination under the ADA and Unruh.

The restaurant said he had to prove intentional discrimination, but the California Supreme Court said that was not the case. All he had to prove was he could not access a public restaurant. He gets $12,000. (Munson v. Del Taco, No. S162818, Supreme Court of California, 2009)

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