Legal Question in Disability Law in California

Re: building access

I'm hestitant to disagree with the previous writer, but I think his answer is over simplistic. I've been in a wheelchair for 23 years and am pretty well versed in the ADA. Also, California law now differs from the ADA in regards to how "disabled" a person has to be in order to be covered.

You didn't say if your office is only on that upper floor. If you have facilities on ground level, as long as you make accomedations for customers so that business can be conducted on the ground floor, that is all that is required.

It seems as though all your business is on the second story. Did you move in after the remodling was done? Almost every lease has a clause that specifies that the landloard will comply with "all laws,"(meaning you may be able to force him to pay for any damages that were assesed against you if you are sued.) When he remodled the building, he was only reuired to put in an elevator if it did not cause him "undue hardship." For examplke, if the building only has 2 floors and the rent from the second floor is only $400 per month, he could not be forced to spend $100,000 to put in an elevator. this is a very "fact and circumstances" specific law, so in order to answer your question, I would need to know much more information. There is also a good chance that there's no "yes/no" answer until someone brings a complaint.

I'd be happy to give you a free, short phone consultation at (408) 295-8282. I would charge $150 per hour if we went over 20 minutes or you want a question answered which required legal research.

Re: building access

Both your business and the building owners are very probably liable for not providing access to prospective handicapped customers. There is an exemption for older buildings, but since some recent upgrades were done, without complying with the ADA, the exemption was probably lost. Also, if you have at least 5 or more employees, you may be liable to qualified job applicants who cannot work for you due to the restrictions.