AMERICAN WITH DISABILITIES ACT ATTORNEY

"Fighting For The Rights Of The Disabled"

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Can a business charge disabled persons more to accommodate their needs?

No. Providing services or products to disabled persons may result in additional costs to businesses or public accommodations. Nevertheless, businesses or other public accommodations may not pass those costs along to a disable person. Even if the additional expense results in the business or public accommodation losing money, they are not allowed to add a surcharge to a disabled person to provide the same service or product as an abled bodied person. (ADA Title III Technical Assistance Manual, III-4.1400).

The Civil Rights Divisions of the United States Department of Justice provides an illustrative example:

ILLUSTRATION: The ABC pharmacy is located on the second floor of an older four- story building that does not have an elevator. Because the pharmacy's owner has determined that providing physical access to the pharmacy for those unable to climb stairs would not be readily achievable, she has chosen to provide home delivery as a readily achievable alternative to barrier removal. The pharmacy may not charge an individual who uses a wheelchair for the cost of providing home delivery.

Therefore, if a business or other public accommodation is attempting to charge you additional money in order to provide an equivalent service it provides other abled bodied customers, than that business or public accommodation is most likely in violation of the Americans with Disabilities Act.

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(c)Malakauskas Law, APC. Attorney Advertisement. This website shall not be construed as legal advice and is for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. Consult with your own personal attorney for more information on the subject matters.

These blogposts shall not be constituted as legal advice and are for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. In addition, these blogposts are not updated, or edited, after the date of their initial post, and as such, the information contained within them may be outdated. Consult with your own personal attorney for more information on the subject matters.