The California Fair Employment and Housing Act (FEHA) prohibits employment practices that discriminate against an applicant or employee on the basis of an actual or perceived physical or mental disability or medical condition, unless the condition prevents the employee from performing the essential functions of the job or affects the health and safety of the individual or fellow employees. FEHA also prohibits discrimination based on an individual's genetic information and harassment based on an actual or perceived protected characteristic. FEHA covers private employers with five or more employees and all public employers, except for the harassment provision that applies to all public and private employers, regardless of size (CA Gov. Code Sec. 12926).
The legal issue for websites is whether website operators are operating “a place of public accommodation.” The statute lists 12 different types of public accommodations including somewhat of a catchall that includes “other sales or rental establishment.” The list, created when the law was passed in 1988, conceivably covers most commercial establishments, but does not expressly include websites.
This document contains the 2019 California Building Code (CBC) accessibility provisions adopted by DSA and commentary on selected requirements. Commentary is included from the 2010 ADA Standards for Accessible Design and from DSA for provisions unique to California. Additionally, an expanded table of contents for Chapter 11B is provided at the beginning of the chapter.
Does Ca law trump Federal or vice versa? We have a private community pool with 220 members. We have a swim team, which makes us a public entity (they allow nonmembers to join). We have been told to get 2 modes of entry into the pool. I would like swim team to pay for 2 chair lifts since we would be private and therefore not legally have to put in chair lifts without the team being there. Please advise.
We are also being asked to show the future space for the 1 Van accessible EV space that would be required in the future, if the equipment was installed. And due to the requirement for the access aisle beside this space, in the future it would be converted to an access aisle resulting in the loss of one parking space. As this project is right at the required number of parking spaces per zoning, it is not acceptable to the zoning reviewer to sign off on a plan that shows a “future access aisle for future EV van accessible charging space,” as they are approving the loss of a parking space, even though this would not happen until a future condition, upon which I assume there would be some review process for installation of EV charging equipment. What is the appropriate path forward in this situation?
EVCS installed at public buildings, public accommodations, commercial facilities and public housing are required to comply with the accessibility requirements in CBC Chapter 11B. Compliance with these provisions is not required where EVCS are not available to the general public and intended for use by a designated vehicle or driver (see CBC Section 11B-228.3.2 Exception 1).

If your website is not already ADA compliant, you are automatically missing out on millions of potential customers who cannot access your site due to their disabilities. In fact, there are nearly 50 million people with disabilities in the U.S., which means about 19 percent of this country has a disability. Many of them might be interested in your products or services, but once they arrive at your website, they won't be able to navigate easily enough to buy anything or even contact you, all because your website is only accessible to people without disabilities. Thus, they may move on to your competitors.
If you do get sued, if you immediately remediate your website, you may be able to get the lawsuit dismissed on mootness (there’s no longer anything in dispute, i.e. plaintiffs are arguing your website is inaccessible but you’ve already made it accessible). This definitely does not mean you should wait to fix your website but it does mean you may have an out.
Heather Antoine is the founder of Antoine Law Group, APC. Her practice is focused on the intersection between Internet law and intellectual property. Heather is primarily a litigator handling trademark/copyright infringement matters, cyber defamation, domain disputes, and privacy torts. She also counsels companies on setting up and maintaining their IP portfolios, privacy and FTC regulations, and drafts app/website agreements such as terms of use and privacy policies.
WCAG 2.0 AA is the standard on which most website owners are operating and is considered acceptable. As a business owner, it’s important to know which set of standards you should be meeting, but most of these standards are very technical. Therefore, we recommend working with a web firm that specializes in ADA website compliance and is familiar with WCAG 2.0.

Lack of basic accessibility features. The majority of cases are caused by this factor. The lack of basic, easy-to-implement web accessibility features may show indifference to needs of users with disabilities and their user experience browsing your site, which in most cases leads to a filed complaint. Basic accessibility features may include providing alt text on graphics, providing labels on form controls (e.g. text boxes, checkboxes, radio buttons), avoiding improper table markup which can lead to accessibility issues, providing alt text on images, etc.
We often see projects of gas station replacing old fuel dispensers with access compliance fuel dispensers (reach range, operable parts, point-of-sale). According to Section 11B-202.4, Exception 10, these projects would be required to comply with accessibility for primary accessible path to inside the convenient store at the gas station, public restrooms, drinking fountains, public telephones, and signs (with 20-percent limit of adjusted construction cost). Is my understanding correct regarding the replacement of old/addition of new fuel dispensers?
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