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The Americans with Disabilities Act (ADA) not only protects qualified disabled individuals in the workplace who can perform the essential functions of their jobs with or without reasonable accommodations, it also extends coverage in Title III to all “places of public accommodation.” Historically, aggrieved plaintiffs pursuing claims under Title III focused their efforts on “brick and mortar” places of public accommodation, such as retail establishments and the hospitality industry, to force the removal of physical barriers and ensure that disabled individuals enjoy equal opportunities to use facilities in the same manner as nondisabled individuals. Whether it was a lack of parking spaces for the disabled, or restrooms and bathrooms that did not accommodate the disabled, the courts were flooded with claims demanding remediation and compensation. Most cases were quickly resolved, given the detailed remediation guidelines and building codes that exist.

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