Civil Penalties Adjusted for Violations of the Americans with Disabilities Act

The final rule has been issued by the Department of Justice increasing civil penalties for violations under title III of the Americans with Disabilities Act. The final rule goes into effect April 27, 2014,

The maximum civil penalties have been adjusted for inflation as mandated in the Federal Civil Penalties Adjustment Act of 1990. The adjustment to maximum civil penalties applies to violations occurring on or after April 28, 2014.

  • The maximum civil penalty for a first violation under title III has been adjusted from $55,000 to 75,000.
  • The maximum civil penalty for a subsequent violation has been adjusted to a maximum of $150.000.

Title III of the Americans with Disabilities is titled Public Accommodation and Commercial Facilities. The place of public accommodation refers to a facility operated by a private entity which includes "professional office of a health care provider, hospital, or other service establishment." Title III includes general nondiscrimination requirements, such as wheelchairs and service animals; and making the built environment more accessible.

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