As attorneys handling Americans with Disabilities Act cases in Chicago, we have witnessed the significant legal and financial consequences businesses and employers face when they don’t comply with federal and Illinois ADA laws. The ADA, established in 1990 as a key civil rights law, ensures that individuals with disabilities have equal access to jobs, public spaces, transportation, and government services. When companies fail to follow these laws, they not only infringe on these rights but also expose themselves to lawsuits, financial penalties, and damage to their reputation.
The ADA operates on both federal and state levels. Federally, Title I of the ADA governs employment, requiring employers with 15 or more employees to provide “reasonable accommodations” to individuals with certain types of disabilities unless doing so would cause undue hardship. In Illinois, the Illinois Human Rights Act (IHRA) mirrors these protections, extending them to employers with one or more employees. Non-compliance with either statute can lead to legal claims, investigations, and potentially costly settlements or judgments.
Legal compliance goes beyond avoiding penalties—it ensures that businesses and public entities actively promote an inclusive society. Whether a company operates in Chicago or anywhere in Illinois, violations of the ADA can result in lawsuits in both federal and state courts. By understanding these legal responsibilities, we can better protect our clients and uphold their rights under the law.
At the federal level, the ADA is enforced by the Equal Employment Opportunity Commission (EEOC), while in Illinois, the Illinois Department of Human Rights (IDHR) ensures that businesses and employers meet state-level requirements. Both agencies have the authority to investigate complaints of discrimination, and non-compliant entities may face costly legal battles, forced policy changes, and financial penalties.
Title I of the ADA (42 U.S.C. § 12111-12117) addresses employment discrimination, while Title III (42 U.S.C. § 12181-12189) covers public accommodations. The Illinois Human Rights Act (775 ILCS 5/1-101) protects individuals from discrimination in employment, housing, public accommodations, and financial credit based on their disabilities. Non-compliance with either federal or Illinois statutes can trigger administrative reviews and, in some cases, result in court-ordered damages or changes to company practices.
One major issue that often arises in ADA cases is the failure to provide reasonable accommodations. Employers are required to engage in an interactive process with employees to determine suitable accommodations, such as modified work schedules, accessible workspaces, or job restructuring. Failing to do so can lead to claims of discrimination, even if the employer believes accommodations would be too expensive or difficult.
Public accommodations also face legal scrutiny under the ADA. Restaurants, hotels, theaters, and other facilities open to the public must ensure their buildings and services are accessible to individuals with disabilities. Non-compliance with these requirements, such as failing to install ramps or provide accessible restrooms, can lead to litigation under Title III of the ADA, especially when such accommodations are readily achievable.
In Illinois, failing to comply with the Illinois Human Rights Act adds another layer of legal exposure. Because the IHRA applies to employers with just one employee, small businesses that might be exempt under the federal ADA must still ensure they meet state standards.
Businesses and employers who fail to comply with ADA and Illinois law face serious consequences. The first risk is legal liability. Employees and patrons who experience discrimination or are denied access can file lawsuits in federal or state courts. These claims often result in settlements or judgments that include compensatory and punitive damages. Additionally, businesses may be ordered to implement costly changes to their policies, procedures, or facilities.
Beyond the financial implications, non-compliance can severely damage a company’s reputation. Negative media coverage or social media backlash can drive away customers and employees alike, causing long-term harm to the business. Finally, government enforcement actions can lead to fines, particularly in cases where non-compliance is widespread or intentional.
Under federal law, any employer with 15 or more employees must comply with Title I of the ADA. However, in Illinois, the Illinois Human Rights Act applies to businesses with just one employee. Public accommodations, regardless of size, must comply with Title III of the ADA to ensure accessibility for individuals with disabilities.
Reasonable accommodations are adjustments or modifications that enable an employee with a disability to perform their job. Examples include providing assistive technology, modifying work schedules, or altering job duties. Employers must engage in a dialogue with the employee to determine appropriate accommodations, and they are only exempt if the accommodation would cause undue hardship, defined as significant difficulty or expense.
If your business is found non-compliant, you could face a lawsuit, government investigation, or fines. Courts can order businesses to pay damages to the affected individual and require them to make physical or operational changes to comply with ADA standards.
Yes, while both federal and Illinois laws prohibit discrimination based on disability, Illinois state law is broader in some respects. For example, the Illinois Human Rights Act applies to employers with one or more employees, whereas the federal ADA applies to employers with 15 or more employees.
Undue hardship refers to a significant difficulty or expense that an employer would incur by providing a reasonable accommodation. Factors considered include the cost of the accommodation, the size of the business, and the resources available.
If you believe your rights have been violated under the ADA or Illinois law, we encourage you to contact North Suburban Legal Services. Our experienced Chicago ADA attorneys are here to help you understand your rights and pursue the legal action you deserve. We represent clients throughout the city of Chicago and can provide you with a free consultation. Contact our Chicago ADA attorney at North Suburban Legal Services by calling 312-909-6089 to receive your free consultation.