As we move further into 2024, one legal trend shows no signs of slowing down: the rise in lawsuits filed under the Americans with Disabilities Act (ADA). The ADA, enacted in 1990, was a landmark piece of legislation aimed at preventing discrimination against individuals with disabilities. It mandates that businesses, public services, and websites must be accessible to everyone, including people with disabilities. While the law has been instrumental in promoting equality, it has also become the basis for an increasing number of lawsuits in recent years—a trend that is expected to accelerate in 2024.
Here’s why ADA lawsuits are poised to continue their upward trajectory.
One of the primary reasons for the rise in ADA lawsuits is the growing awareness of disability rights. Advocacy groups and individuals with disabilities are becoming more vocal about their rights and are increasingly holding businesses accountable for non-compliance. With more people recognizing that they have legal recourse when they encounter barriers to accessibility, the number of lawsuits is naturally increasing.
Social media and other online platforms have amplified these voices, making it easier for individuals to share their experiences and mobilize support. As awareness continues to spread, more people are likely to pursue legal action when they encounter accessibility issues.
The ADA is a dynamic piece of legislation that continues to evolve in response to new technologies and societal changes. Courts have increasingly interpreted the ADA to cover not only physical spaces but also digital environments, including websites and mobile apps. As e-commerce and online services become even more integral to daily life, the focus on digital accessibility has intensified.
Many businesses, however, are still lagging behind in making their digital platforms accessible. This gap between legal expectations and actual implementation creates fertile ground for lawsuits. As the scope of the ADA expands to cover more aspects of the digital experience, we can expect a corresponding rise in litigation.
Another factor contributing to the increase in ADA lawsuits is the phenomenon known as “drive-by” or “serial” lawsuits. These lawsuits are often filed by a small number of plaintiffs who identify multiple businesses that are non-compliant with the ADA, sometimes targeting dozens or even hundreds of businesses at a time. The intention is usually to secure quick settlements rather than to remedy accessibility issues.
While controversial, these lawsuits have become more common as attorneys recognize the ease with which they can file claims under the ADA. As long as businesses continue to neglect ADA compliance, these types of lawsuits are likely to persist, further driving up the number of cases.
The U.S. government, through agencies like the Department of Justice (DOJ), has been stepping up enforcement of ADA regulations. Recent years have seen more aggressive action from the DOJ, particularly in enforcing digital accessibility. This increased regulatory scrutiny puts additional pressure on businesses to comply, and those that fail to do so may find themselves facing legal action.
In 2024, as regulatory bodies continue to refine and enforce ADA guidelines, businesses that are slow to adapt will likely be targeted by both government agencies and private plaintiffs.
As more ADA cases make their way through the courts, the growing body of legal precedents is making it easier for plaintiffs to win their cases. Each ruling in favor of ADA compliance sets a new standard that other courts may follow, thereby creating a snowball effect where the likelihood of successful lawsuits increases over time.
For businesses, this trend underscores the importance of proactive compliance. The legal landscape is becoming less forgiving, and the cost of non-compliance—both in terms of legal fees and damage to reputation—continues to rise.
Despite the clear legal requirements, many businesses remain non-compliant with ADA standards. This is particularly true for small and medium-sized enterprises (SMEs) that may lack the resources or knowledge to fully implement accessibility measures. However, ignorance is not a defense in ADA lawsuits, and as long as businesses continue to overlook their obligations, they will remain vulnerable to legal action.
With the increasing accessibility expectations from both the public and the courts, businesses can no longer afford to ignore ADA compliance. Those that do will find themselves at greater risk of being sued.
The rise in ADA lawsuits in 2024 is driven by a combination of increased awareness, expanding legal interpretations, government enforcement, and businesses’ continued non-compliance. As the legal environment becomes more stringent and as digital platforms become ever more central to business operations, the importance of ADA compliance cannot be overstated.
Businesses should take this trend as a wake-up call to audit their physical and digital spaces, address any accessibility gaps, and ensure they are fully compliant with ADA requirements. By doing so, they can not only avoid costly lawsuits but also contribute to a more inclusive and equitable society for all.
