ADA Compliance - Myths vs Reality

Papa Sarducci

Well-Known Member
Many people seem to be under the misconception that the ADA regulations apply to individuals, this is simply not true.

https://askjan.org/links/adaglossary.htm

Covered Entity:
under the ADA, "covered entity" is an entity that must comply with the law. Under title I, covered entities include employers, employment agencies, labor organizations, or joint labor-management committees. Under title II, covered entities include state and local government instrumentalities, the National Railroad Passenger Corporation, and other commuter authorities, and public transportation systems. Under title III, covered entities include public accommodations such as restaurants, hotels, grocery stores, retail stores, etc., as well as privately owned transportation systems.

No where does it ever state that an individual or independant contractor is a covered entity. Here is more from the EEOC regarding 'covered entities'

https://www.eeoc.gov/policy/docs/threshold.html#2-III-B

An employer is required to comply with the law, not the employees. This is why employers enforce strict policies on employees to comply with the law. The regulations clearly state that the 'covered entity' is liable for the actions of its employees.

Myth: You will be arrested if you violate the ADA

Reality: You can't be arrested for violating a law that doesn't apply to you. You can be charged with the crime but in the end your 'employer' was the 'covered entity' that violated the law by your actions. You will likely be fired or severely disciplined but arrested, highly unlikely.

Myth: If you violate the ADA you could get sued.

Reality: Sure, you could, but what lawyer in their right mind would go after a poor Uber driver with little to no assets? You may be named in a suit but Uber will be the primary target.

Myth: Individual Uber Drivers must comply with ADA law.

Reality: ADA law only applies to Covered Entities, an individual driver does not fit any of the descriptions of that definition. You aren't an employer of 15 or more people, just one, yourself. You don't operate a private transportation system, Uber probably does but that has yet to be defined. Yes, you have to comply with the law indirectly through the policies set forth by Uber, but the ultimate responsibility to comply and liability for non-compliance falls squarely on Uber.
 
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HERR_UBERMENSCH

Well-Known Member
Myth: I can register my animal as an official service animal and get paperwork to prove it

Reality: There is no such thing as an 'official' service animal, people can train them themselves and claim they are such. If someone shows you any kind of paperwork or license that is all the more reason to suspect they are lying about it.

Myth: You can't get in trouble for lying about a service animal.

Reality: Fraudulent Misrepresentation is a misdemeanor in many states, punishment includes fines, community service, and in some cases prison.
 

Papa Sarducci

Well-Known Member
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Myth: I can register my animal as an official service animal and get paperwork to prove it

Reality: There is no such thing as an 'official' service animal, people can train them themselves and claim they are such. If someone shows you any kind of paperwork or license that is all the more reason to suspect they are lying about it.

Myth: You can't get in trouble for lying about a service animal.

Reality: Fraudulent Misrepresentation is a misdemeanor in many states, punishment includes fines, community service, and in some cases prison.
Thanks, forgot about those two.
 
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Another Uber Driver

Well-Known Member
Moderator
Are there criminal penalties for ADA violations? All of the information that I have received states that ADA violations are civil matters. You can be fined, you can be sued, but you can not be arrested or jailed.

This may be where the leap comes for governments to hold the TNCs responsible for the actions of their drivers. Currently, governments do hold limousine and taxicab companies responsible for the actions of their drivers, even in cases where the driver is an independent contractor. In the Washington Metropolitan Area, the cab drivers do not work for the cab companies; they affiliate by contract be they rental drivers or owner-operators. Some of the limousine companies here accept contract drivers. In the District of Columbia, regulation specifically holds the taxicab and limousine drivers responsible for the actions of their drivers.

This allows for all sorts of lawsuits against cab companies, in addition to government harassment of them. What is funny, though is that the cab companies in the City, with two exceptions, have no money. Of the other two, the ownership of one is indebted to one particular creditor down to the fourth generation. The other company buys off plaintiffs or regulators quickly. Even busybody do-gooders and their lawyers will take the money and run. The large suburban cab companies have protections, as well. In one suburb know for government intrusiveness, the government decided that it was going to try to micromanage the cab business. The largest firm there immediately filed bankruptcy, thereby getting it out of complying with these new, unduly burdensome regulations. The ownership of that company ain't broke. What happened was that years back, the founder (now deceased), who was quite the savvy guy, hired some good lawyers and had a smart backer. The backer's family wrote some demand paper, handed over the money, most of which was quietly, but legally, channelled back to them. Still, the paper was out there. When the rules hit, the family called the paper, the company was, on paper, in deep kimchee, so the judge, of course, granted the bankruptcy. Brilliant.

Considering how much money the TNCs have, it is only a matter of time before governments hold them responsible for their drivers. Lawyers support politicians. Lawyers see the TNCs money and salivate. While I am sure that most of Uber's money is offshore, and, it has put into place measures that will allow it to continue to operate regardless of any results of any legal processes, I am also sure that there are a few millions lying around here or there onto which some greedy lawyer can get his hands.*








I apologise for being redundant. I posted "greedy" lawyer.
 
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