ADA Defense Attorneys

ADA Defense Counsel Representing Businesses and Other Entities Nationwide

James BellBusiness Litigation for
Shareholder and Equity Owner
Rights Team Lead

Our law firm provides litigation defense services for corporations, financial institutions, and other businesses facing Americans with Disabilities Act (ADA) claims in California. We defend companies nationwide against all types of employment-related claims and accessibility claims, and we handle matters ranging from litigation involving serial plaintiffs and advocacy groups to class action lawsuits.

In addition to providing ADA defense representation, we also defend businesses and other entities facing disability discrimination claims under California state law. We also provide federal and state compliance services, with a focus on helping our clients avoid future claims.

Defending Against ADA Lawsuits Requires an Informed and Strategic Approach

Our California ADA defense practice is led by attorney James Bell. Mr. Bell is a well-known California trial lawyer who is responsible for one of the 10 largest verdicts in U.S. history. He also has substantial defense experience, and he has an extensive track record of helping his clients avoid liability through strategic settlement negotiations, through pre-trial dismissal, and at trial.

Within our ADA defense practice, we represent clients nationwide, including:

Employers (including small businesses and large publicly traded companies)
Financial institutions and other lenders
Higher education institutions
Management companies
Property owners (including apartment complexes and owners of commercial facilities)
Providers of public accommodations
Other public entities and private entities

Defending against ADA actions requires an informed and strategic approach. At Oberheiden P.C., we focus on delivering cost-effective solutions for our clients’ ADA litigation needs. While we do not hesitate to litigate our clients’ ADA cases through trial when necessary, we prioritize securing favorable pre-trial results whenever possible. When it is in our clients’ best interests to settle, we pursue favorable settlements that minimize our clients’ financial liability and avoid negative publicity.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

We Provide Defense Services for All Types of ADA Claims

Our California ADA defense attorneys represent businesses and other entities that are facing litigation under all provisions of the federal Americans with Disabilities Act (ADA):

Title I (Employment)
Title II (Public Services)
Title III (Public Accommodations)
Title IV (Telecommunications)
Title V (Retaliation and Other Prohibitions)

While each Title of the ADA contains specific (and strict) prohibitions, the statute’s prohibitions work together to create a complex web of compliance obligations for businesses and other entities. With this in mind, the following is just a small sampling of potential claims in single-plaintiff lawsuits and class action lawsuits under the ADA:

Discriminatory hiring and employment practices (including failure to provide accessible training programs)
Equal access claims involving accessibility issues and service animals
Failure to address potential barriers to employment, housing, or banking
Failure to provide a reasonable accommodation upon request
Failure to provide auxiliary aids for the visually impaired and hearing impaired (including telecommunications relay services and speech outputs)

Again, these are just examples. From accessibility issues with parking lots to issues with business websites, mobile applications, and other digital content, we handle a wide array of other disability-related claims as well. If your company or institution is facing any type of ADA case in California, we strongly encourage you to contact us to discuss how we can help.

Along with defending employers and other clients in civil ADA litigation, we also defend clients facing government investigations and enforcement actions. This includes U.S. Department of Justice (DOJ) investigations under the federal Americans with Disabilities Act (ADA). We have extensive experience in this area as well, and our team includes several former DOJ prosecutors who provide strategic defense in these cases, relying on their experience on the other side. Here too, we take a results-oriented approach that includes negotiating consent decrees and voluntary compliance agreements when warranted.

Our ADA Attorneys Also Defend Companies Against Disability Discrimination Claims Under California Law

Along with representing businesses that are facing ADA claims, we also represent businesses and property owners that are facing disability discrimination claims under California law. This includes claims under:

California Disabled Persons Act (CDPA)
California Fair Employment and Housing Act (FEHA) (also commonly referred to as the “Fair Housing Act”)
Unruh Civil Rights Act

These statutes impose broad prohibitions as well; and, while California’s FEHA specifically prohibits discrimination in employment, these statutes overlap in many respects. As a result, businesses and other entities in California need to take a comprehensive approach to compliance; and, when facing litigation, being prepared to affirmatively demonstrate compliance can be critical for avoiding exposure to substantial liability.

Why Companies Choose Oberheiden P.C. for ADA Compliance and Defense

Companies nationwide need to take a comprehensive and forward-thinking approach to ADA compliance and defense. Here are just some of the reasons why companies choose the California ADA defense team at Oberheiden P.C.:

Our Experience – We have extensive experience defending businesses and other entities in ADA cases and related civil litigation matters. We have extensive experience in government enforcement matters involving discrimination allegations and related issues as well.
Our Practice – Defending clients in commercial litigation is a core component of our practice. We take a strategic and cost-conscious approach to every case we handle; and, in all matters, we focus on using our experience to protect our clients’ interests to the fullest extent possible.
Our Communication – We prioritize effective communication with our clients. During the litigation process, effective communication is key, as business leaders need to know that they are making informed and confident decisions. We give our clients’ leaders the insights they need.
Our Commitment – When representing clients in ADA lawsuits and other matters, we have a singular goal: to protect our client. We are committed to serving our clients’ best interests, whether this means targeting a quick resolution or fighting for a favorable verdict at trial.
Our Results – Finally, clients choose us for our results. Our results speak for themselves—from securing pre-trial dismissals in cases involving substantial liability exposure to securing favorable trial verdicts in cases involving numerous claims from numerous plaintiffs.

FAQs: Americans with Disabilities Act (ADA) Defense

When are employers in California and other states subject to federal Americans with Disabilities Act (ADA) compliance?

The federal Americans with Disabilities Act (ADA) applies to employers that have 15 or more employees. As a result, most employers in California and other states are covered. Importantly, however, California’s Fair Employment and Housing Act (FEHA)—which contains similar prohibitions—applies to employers with just five employees, and California’s Unruh Civil Rights Act applies to all companies regardless of size.

What should I do if my company has been sued under the ADA?

If your company has been sued under the ADA in California, you should engage experienced defense counsel promptly. Lawsuits filed under the ADA can present substantial liability risks; and, in many cases, one lawsuit will lead to more once employees or patrons learn that taking legal action is an option. In this scenario, it is also critical to promptly preserve all relevant documents and conduct a compliance assessment to determine if there are ongoing liability risks that require immediate attention to mitigate the company’s liability exposure.

What are potential defenses to disability discrimination claims under the ADA?

There are several potential defenses to disability discrimination claims under the ADA, from strict ADA compliance to procedural failures on the part of the plaintiff (or plaintiffs). With that said, the defenses that are available in any particular case will depend on the specific accusations and circumstances involved. Once engaged as ADA defense counsel, we get to work immediately assessing our clients’ risk exposure and determining what we can do to efficiently target a favorable resolution.

When are employers required to provide reasonable accommodations under the ADA?

As a general rule, employers that are covered under the ADA are required to provide reasonable accommodations upon request. With that said, there are limits, and employers are not required to provide disability accommodations in all cases. In particular, if providing an accommodation would cause undue hardship (whether financially or operationally), then compliance may not be necessary. Importantly, however, even if an employer is not prepared to provide the specific accommodation that an employee has requested, it may still be required to work with the employee to develop another suitable (and reasonable) accommodation.

When is it time to hire an ADA defense lawyer?

We recommend hiring an ADA defense lawyer as soon as you have concerns about your company’s or institution’s liability exposure. Whether your company or institution received a demand letter, a lawsuit has been filed, or you have concerns about the possibility of facing ADA-related litigation due to events that have transpired, experienced ADA defense counsel will be able to provide the insights and advice you need to feel confident moving forward.

Contact the California ADA Defense Attorneys at Oberheiden P.C.

If you would like to speak with one of our California ADA defense attorneys, we invite you to get in touch. We represent corporate clients in ADA matters nationwide. To schedule a free and confidential consultation with a senior defense attorney at Oberheiden P.C., call 888-680-1745 or tell us how we can get in touch online now.