This presentation could very well save your bank tens of thousands of dollars in defending ADA Compliance lawsuits.
All bank institutions who are open to the public must comply with the Americans with Disabilities Act (ADA) laws. While the basic understanding of architectural barriers are fairly well known, there is much more to the ADA for banks than mere branch accessibility. The ADA has 5 titles (parts) which may apply to providing bank services to persons with disabilities, whether in-person at a bank branch or online through websites or mobile apps. Many bank institutions do not understand the variety of factors that can hold them liable to potential lawsuits or monetary demands plus additional costs of defense attorneys’ fees due to lack of compliance to ADA laws. How these various titles apply to financial institutions will be the subject of our presentation. In the last several years, there has been a rise of frequent litigants who file thousands of ADA Compliance lawsuits. We will discuss the nature of ADA litigation against financial institutions, Department of Justice investigations, and how to avoid or minimize liability.This presentation will help bank institutions understand the many ways in which a potential ADA Compliance lawsuit may arise. The program will explore common areas where banks often are held liable for legal action from the specific requirements to teller counters to website accessibility for disabled persons. By attending this presentation, bank representatives will gain more knowledge towards complying with current ADA laws and avoiding potential, future lawsuits. They will understand the importance of implementing a written ADA Compliance plan and properly training face fronting employees in handling disabled customers.
Learning Objectives
- You will be able to review ADA history.
- You will be able to discuss ADA basics for financial institutions.
- You will be able to explain the use of service animals.
- You will be able to describe web accessibility.
Agenda
ADA History- Importance of Accessibility
- 5 Titles (Parts) Under the ADA
- Accessibility Litigation
- Landlords and Tenants
- Bank Buildings
- Architectural Barrier Removal
- Compliance With ADA Standards
- Mitigation of Damages
- Develop Written ADA Compliance Plan
- When a Borrower Defaults on a Loan Secured by Real Property
- Ex. Settlement With Department of Justice
- Path of Travel
- Exterior Issues
- Interior Issues
- Providing "Free of Charge"
- Training Customer Facing Employees
- Service Animal vs. Emotional Support Animal
- Two Questions to Ask About Service Animals
- Limitations on Service Animals
- Screen Reader Software
- Basic Web Accessibility Elements
- Web Accessibility Litigation
Speaker(s)
Martin H. OrlickMartin Orlick
- Partner at the law firm of Jeffer Mangels Butler & Mitchell LLP
- Practice, encompassing more than 30 years, focuses primarily on real estate transactions and litigation
- Advises companies in a full range of ADA compliance across various industries including banking and financial services
- Published author and speaker
- B.A .Degree, Temple University; M.A. Degree, San Francisco State University; J.D. Degree, University of San Francisco School of Law (with distinction)
Jeffer Mangels Butler & Mitchell, LLP
- Partner at the law firm of Jeffer Mangels Butler & Mitchell LLP
- Civil litigator, representing clients in a wide range of matters, particularly Americans with Disabilities Act (ADA) and Unruh Civil Rights Act claims
- Experience extends to all aspects of litigation, including plead-ings, discovery, motion practice, negotiations, arbitration, trial advocacy, settlement and alternative dispute resolution
- Published author and speaker
- B.A. Degree, University of California, Berkeley; J.D. Degree, Harvard Law School
