The Changing ADA Lawsuit Landscape: Things Claims Professionals Need to Know

Americans with Disabilities Act litigation isn’t new—but how, why, and where it shows up in the claims space has shifted considerably in recent years. For those of us who work directly in claims resolution and management, these changes aren’t theoretical. They’re playing out in real time, often in the form of fast-moving lawsuits and high-pressure settlements.

Over the past two decades, ADA enforcement has gone from top-down federal action to a growing wave of individualized claims. In the early 2000s, the Department of Justice targeted large corporations—hotels, restaurant chains, big-box retailers—when systemic accessibility issues were identified. Today, the trend is far more grassroots. Individual plaintiffs, often working with specialized attorneys, are filing claims against smaller operators: single-location hotels, independent retailers, regional landlords and others who lack the legal infrastructure of larger brands.

For claims professionals, this shift has major implications.

ADA Claims Are No Longer Niche

The ADA became law in 1990, and enforcement ramped up quickly. In the first full year of ADA Title I enforcement (FY 1993), more than 16,000 ADA-related discrimination charges were filed with the Equal Employment Opportunity Commission. By FY 2015 that number had jumped to nearly 27,000 —roughly a 60% increase—accounting for 30% of all EEOC charges that year. In 2019 and 2020, disability-based charges consistently made up one-third or more of all EEOC complaints, underscoring how central ADA claims have become within the broader employment claims landscape

Meanwhile, in federal court, the broader trend is even starker. Between 2005 and 2017, ADA-related lawsuits surged by 395% court data shows, growing from roughly 2,000 filings to more than 10,000 annually, even as other civil rights litigation declined. The scale and persistence of this growth points to a larger shift in how ADA compliance issues are being identified, escalated, and monetized.

The Scale of ADA Litigation Has Changed

Across the U.S., ADA-related claims are on the rise — and they’re no longer isolated or tied to specific industries. From lodging to retail to housing, claims are surfacing steadily and across the board.

Why now? A few reasons. ADA design guidelines have become more precise over time, and the standards are better understood by the general public. While the ADA isn’t embedded in standard building codes, its influence now shapes how businesses approach physical design, digital access and customer experience.

For plaintiffs, the process of filing a claim has also become easier. The legal threshold is low—a person only has to show they were denied access or treated unequally due to a disability. That can mean anything from a missing handrail to a non-compliant website.

Attorneys who specialize in ADA litigation now routinely help clients identify and pursue these cases—sometimes filing multiple suits in short order. In one recent case in Michigan, a single individual filed lawsuits against four separate hotels, demanding $30,000 from each. The cases were settled within two weeks. That’s $120,000 in settlements, plus legal fees, in less than a month.

Where Claims Are Coming From Now

Historically, ADA cases clustered around open-access, high-traffic businesses: malls, restaurants, lodging. That’s still true, but the spectrum has expanded. Apartment complexes, previously only targeted in DOJ-led actions, are increasingly the focus of individual lawsuits. If a leasing office isn’t accessible, or a tenant can’t use the building’s amenities due to design flaws, litigation follows.

The most significant growth area, however, is digital accessibility.

Websites, mobile apps, and digital signage now fall under the ADA’s broad umbrella. Many businesses were caught off guard during the pandemic-era digital shift, when web portals quickly became a primary customer interface. Inaccessible websites—especially for visually impaired users—are now one of the most common sources of ADA claims. A surge in litigation over digital compliance is already underway, and this will likely define the next era of ADA-related risk.

Claims Profiles and Settlement Realities

Most ADA claims don’t go to trial. They settle—and quickly. For property owners and operators, the optics of an ADA suit can be damaging. Even when violations are minor or maintenance-related, being on the receiving end of a discrimination allegation creates reputational risk.

That risk, combined with the relatively modest initial demands of plaintiffs, leads many small businesses to settle rather than fight; however, the numbers are climbing. Where a plaintiff might have once asked for $10,000 plus legal fees, the average settlement for an employment discrimination claim (across all types) is now about $40,000, reflecting higher typical recoveries than a few decades ago.

Add in attorney’s fees, remediation costs, and operational downtime during repairs, and the true cost of an ADA claim goes well beyond the initial settlement. That’s especially tough on smaller operators, who may not have budgeted for this kind of exposure.

In some cases, claims are triggered not by original design flaws, but by ongoing maintenance failures. A compliant property can still fall out of line if a lift breaks or a lot degrades. That creates an additional layer of complexity for claims teams. The issue isn’t always how a structure was built—it’s whether it’s being kept in working order.

Technology and Transparency Are Fueling the Trend

Identifying non-compliant properties no longer requires an in-person visit. With Google Maps, aerial views, and street-level photography, potential plaintiffs—or their attorneys—can find ADA gaps remotely. No ramp in the image? No pool lift? That’s often enough to initiate a lawsuit.

This transparency cuts both ways. It allows people to assert their rights. But it also means businesses can be blindsided by claims based on images they didn’t know were public.

For claims professionals, this creates new risk exposure. Properties that might have escaped scrutiny in the past are now easily evaluated—and targeted—from a distance.

Expect the Trend to Continue

ADA-related claims will likely continue rising. This isn’t a speculative forecast—it’s the trajectory we’re already seeing.

Public awareness is higher. Enforcement is more accessible. Plaintiffs have more tools, and legal support is more readily available. At the same time, the physical and digital infrastructure of many businesses is aging, and expectations around access have evolved.

For claims professionals, ADA exposure now cuts across physical, operational and digital domains. Staying ahead requires not just risk awareness, but a responsive, informed approach to resolution.

It’s no longer just about large corporations with systemic failures. Today’s claims are driven by the cumulative impact of overlooked or aging details — and they’re coming fast.

Ruggles is a senior ADA and accessibility consultant at Charles Taylor. Ruggles has 19 years of experience in architecture design, property condition assessments, construction document review, construction monitoring, defense legal expert and training with a focus on disabled accessibility consulting.