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Tom Meaglia, ChFC®, AEP®,

CLU®, CRPC®, MSFS

Chartered Financial Consultant

Investment Advisor Representative

Chartered Retirement Planning Counselor

CA Insurance Lic. #0567507

 

Meaglia Financial Consulting

2105 Foothill Blvd., #B140, La Verne, CA 91750

 

Toll Free: 800-386-3700

Bus:         909-593-6105

Cell:         818-681-8600

Fax:         909-593-6120

 

Email: tom@meagliafinancialconsulting.com

Website: www.meagliafinancialconsulting.com

January/February 2023

ADA Compliance May Prevent Lawsuits

ADA Compliance May Prevent Lawsuits

As the owner of a small business, you may have a legal obligation to comply with the Americans with Disabilities Act. The ADA prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government programs and services.


An Extensive Reach
Although you might think of ADA accommodations as affecting mainly employees and job applicants, they also may apply to customers of your business. Title III of the ADA covers businesses that are generally open to the public and fall into one of several categories, including restaurants, movie theaters, schools, day care facilities, recreation facilities, inns and hotels, transportation, stores, care providers, and places of public displays. If you’re noncompliant in any of the areas covered by the ADA, you could find yourself at the center of a lawsuit.


Areas of Concern
Any business that provides goods and services must comply with the ADA. As a businessowner, you should become aware of potential barriers to disabled access. Barriers might include:
  • Parking spaces that are too narrow to accommodate wheelchairs, lifts, etc., and restrict a disabled person from exiting and entering a vehicle.

  • Stairs to access entrances, with no ramps provided.

  • Narrow aisles and doorways.

  • Drinking fountains with low clearance.

  • High counters.

  • Fixed tables and chairs.

  • Restrooms that aren’t wheelchair accessible.

  • Websites that don’t support screen reader software.


Insurance Offers Some Protection
Failure to comply with ADA requirements leaves you vulnerable to a lawsuit if your business doesn’t allow for disabled access. Compliance claims can appear with little warning and no opportunity to resolve the issue before the complaint is filed. They may not even be the result of a specific complaint.


Claims can be costly to defend and comply with. Employment Practice Liability Insurance (EPLI) is a general liability policy that protects employers against allegations of discrimination by a customer or an employee. It’s designed to help cover the costs of defending the business in court.


Your insurance professional can provide solutions that may help shield your business from financial loss.


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Thomas Meaglia is an Investment Adviser Representative of Coppell Advisory Solutions LLC, dba, Fusion Capital Management, a registered investment adviser that only conducts business in jurisdictions where it is properly registered, or is excluded or exempted from registration requirements. Registration as an investment adviser is not an endorsement of the firm by securities regulators and does not mean the adviser has achieved a specific level of skill or ability. The firm is not engaged in the practice of law or accounting.
Insurance and annuity products are not sold through Fusion Capital Management. Fusion does not endorse any annuity or insurance product, nor does it guarantee any insurance or annuity performance. Annuity and life insurance guarantees are subject to the claims-paying ability of the issuing insurance company. If you withdraw money from or surrender your contract within a certain time after investing, the insurance company may assess a surrender charge. Withdrawals may be subject to tax penalties and income taxes. Persons selling annuities and other insurance products receive compensation for these transactions. These commissions are separate and distinct from Fusion's investment advisory fees.
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