ADA Compliance

Is ADA applicable in Georgia?

No, the ADA is US law. Georgia follows its own "Law on Rights of Persons with Disabilities" and UN conventions, which have similar requirements for accessibility and non-discrimination.

Do hotels in Georgia need accessible rooms?

Yes, under Decree No. 41, hotels are required to have a certain percentage of rooms accessible for persons with disabilities, along with accessible common areas.

Can I sue a business for lack of wheelchair access?

Yes, you can file a discrimination claim in court or appeal to the Public Defender if a public facility denies you access due to infrastructure barriers.

What is reasonable accommodation in employment?

It means an employer must adjust the work environment (e.g., desk height, software, schedule) for an employee with a disability, unless it imposes an undue hardship on the business.

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Disability Rights and Accessibility Standards in Georgia

Note: While "ADA" (Americans with Disabilities Act) is a US standard, Georgia has its own equivalent national legislation protecting the rights of persons with disabilities (PwD). In Georgia, businesses and public institutions are obliged to ensure physical and informational accessibility for all citizens. This concerns both the infrastructural soundness of buildings (ramps, elevators) and the adaptation of services (website accessibility, Braille, sign language). Failure to meet these standards leads not only to administrative fines but also to serious reputational damage and legal disputes based on discrimination.

Legal.ge offers legal services regarding compliance with disability rights protection and accessibility standards. Lawyers on our platform assist businesses in regulatory compliance, and help persons with disabilities in legal responses to facts of discrimination. This is the intersection of social responsibility and legal obligation, where the involvement of a qualified lawyer is essential.

What Does Accessibility and Disability Rights Service Cover?

Our specialists offer versatile services tailored to the needs of both organizations and individuals:

  • Compliance Audit: Checking an organization's infrastructure, policies, and services for compliance with Georgian legislation and national accessibility standards.
  • Litigation of Discrimination Cases: Protecting the interests of persons with disabilities in court or with the Public Defender when their rights to education, employment, or use of public space are violated.
  • Development of Internal Policies: Creating inclusive internal regulations, employment policies, and service standards for companies.
  • Construction Permits and Adaptation: Legal consultation during construction or renovation to ensure technical regulations regarding accessibility are met.
  • Web Accessibility Consultation: Legal aspects of adapting digital services (recommendations on WCAG standards in the Georgian context).
  • Training and Awareness: Legal support for staff training on rules for serving persons with disabilities.

Common Situations and Scenarios

A frequent case involves a newly built commercial facility (e.g., a restaurant or clinic) not equipped with a ramp or adapted restroom. A person with a disability who cannot use the service is entitled to demand the establishment of the fact of discrimination and compensation for damages. In such cases, a lawyer helps the party file a lawsuit in court.

Another scenario concerns labor relations. For example, an employer refuses to hire a qualified candidate solely because they use a wheelchair, or fails to make reasonable accommodations in the work environment. This is direct discrimination, leading to severe legal consequences for the employer. Also relevant are the obligations of banks and pharmacies to provide services for blind and visually impaired persons.

Georgian Legislation and Legal Framework

The main regulator of this field in Georgia is the Law of Georgia on the Rights of Persons with Disabilities (adopted in 2020), which is based on the UN Convention on the Rights of Persons with Disabilities (UNCRPD). The law obliges both state and private sectors to ensure accessibility and reasonable accommodation. Technical parameters for accessibility are defined by the Government of Georgia Decree "On Approval of Technical Regulations for Arrangement of Space and Architectural and Planning Elements for Persons with Disabilities" (Decree No. 41).

Additionally, the Law on Elimination of All Forms of Discrimination prohibits differential treatment on any grounds, including disability. Labor rights are protected by the Labor Code of Georgia, which also provides for the principle of reasonable accommodation in the workplace.

Process of Receiving Services

The client contacts a lawyer on Legal.ge, who assesses the specific situation. If the client is a business, the lawyer conducts an audit, identifies risks (e.g., non-adapted entrance), and issues recommendations for legal compliance. If the client is a person with a disability whose rights have been violated, the lawyer collects evidence (photo/video material, witness testimonies) and appeals to the relevant body (court, city hall, Public Defender).

Specialists on Legal.ge are focused on effectively resolving the problem, whether through negotiation with the employer/property owner or court litigation. The main goal is to create an environment of equal opportunities and restore legal justice.

Why Choose a Specialist on Legal.ge?

Disability rights in Georgia is a relatively new and developing legal field. Many general profile lawyers may not know the nuances of technical regulations (Decree No. 41). Legal.ge gives you access to experts who understand both international standards and local regulations. Specialists found with us will help your business become inclusive and law-abiding, and assist persons with disabilities in protecting their dignity.

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