HR’s strange side: Man files 400 ADA lawsuits
November 26, 2008 by Jim GiulianoPosted in: Disability discrimination, Employment law, In this week's e-newsletter, Latest News & Views
We’re not saying you shouldn’t hire Jarek Molski if he applies for a job with your company. We are saying you may want to keep a lawyer on speed-dial.
Depending on your point of view, Molski is either (a) a hero for the disabled or (b) a scam artist who’s figured out — to near perfection — how to game the Americans with Disabilities Act.
Molski was injured in a motorcycle accident nearly 20 years ago and is confined to a wheel chair. Apparently, that’s no impediment to his making frequent trips to California courtrooms to file lawsuits — about 400 of them, according to the Los Angeles Times – against businesses that don’t follow disability-access regulations to the “T.”
The fines for such violations can run as high as $4,000 a day. So, the owners are faced with three possibilites:
- Pay the fines.
- Pay for the renovations to get up to code on disability access.
- Settle out of court by paying Molski.
Court records show that most owners choose #3, providing the 38-year-old Molski with cash settlements estimated in the hundreds of thousands of dollars.
But all that may be coming to an end.
One federal judge has barred Molski for filing any more lawsuits in the Central District of California. And the U.S. Supreme Court recently denied Molski’s appeal to hear his ADA suit against a Chinese restaurant in Solvang, CA. Molski had taken that case to the High Court after a lower court refused to consider the case.
All we can say is that the Supreme Court building better be up to snuff on disability access or someone there might expect to hear from Molski’s lawyer.
December 1st, 2008 at 10:59 am
This kind of abuse of the ADA laws anger me because it shows that this man is only out for monetary gain rather than to better the lives of the disabled. I am in favor of enforcing laws that keep companies following the law and keeping their buildings, restrooms, etc. accessible. I am also in favor of filing lawsuits when necessary, but only to push enforcement, not for personal gain. My husband is in a wheelchair. I would not file a lawsuit for personal gain, but I am extremely tired of businesses who believe that accessibility laws do not apply to them, or pay inspectors to “pass” them without following the laws as they are written. when we travel, we have to go to hospitals for rest stops just so we are guaranteed access to bathrooms he can use. We have to take snow shovels in the car because businesses do not shovel their ramps. We have had to travel 400 extra miles because the hotel we made reservations with who stated they were accessible were not. He cannot get through many store aisleways because of the way they have stacked their merchandise or placed their shelving. All because the general public, owners, inspectors, etc. are ignorant of or ignore the law.
December 1st, 2008 at 5:44 pm
I am of two minds with this subject: On one hand I agree that his volumn of lawsuits is excessive, but on the other hand; I also believe a business owner needs to comply with some basic accommodations.
I have been wheelchair bound for several months at a time, and tried my best to keep as normal a lifestyle as I could. Grocery stores were a breeze, as most had ADA-style baskets, or powered chairs with baskets to loan to shoppers. Other offices, buildings and stores were very difficult to navigate like Debora stated above. Bathrooms were a challenge, and I have even found in public buildings that had signage for ADA bathrooms — had doors that were too narrow to accomodate a wheelchair. Bummer! I thought of bring suit myself.
My approach in these situations were to approach the manager and make them aware of the limitations of their facilities. Once I explained that I was trying to spend money in their establishment, they usually took pains to
December 2nd, 2008 at 10:21 am
Hurrah for Jarek!! Having a close friend in a wheelchair I am thrilled that Mr. Molski is challenging everywhere he goes. Whether he is doing it for personal gain (the owners may be taking the easiest route) or he is doing it to make a point, let’s hope that as he files suit, owners are learning that they are not above the law and must strive to be accessible!
Being on the inside of an institution that has been asked, repeatedly, by wc bound customers to make improvements, I know first-hand that those requests may not happen until there is a lawsuit. I also know that some of their requests are as simple as signage and recognition. I find it infuriating as an employee that we have not honored their requests. It tells me that they would not respect my needs if I were in the same situation.
My apologies to Deborah and Vicki for the daily struggles they encounter in environments such as the one I work in. Maybe the way to create change is for each person who needs accessibility to file at least one suit.
December 2nd, 2008 at 1:08 pm
I’m not disabled, so I’m commenting as an outsider looking on and not from personal experience. I would feel much better about Jarek Molski if he refused to take an out-of-court settlement and instead required businesses to make the modifications needed to become compliant with the law. Then, he would be doing something that really helped the situation, made a difference and was not just lining his own pockets. I think businesses should comply with accessibility codes and laws and if they aren’t, they need to be made to comply, though it’s very unfortunate it would have to go to that extreme.