Understanding Ada Laws: Private Business Obligations

The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination and guarantees equal opportunities and access for people with disabilities. The ADA applies to small businesses, but there are certain exemptions.

Businesses with 15 or more employees are regulated under Title I of the ADA, and businesses that are public accommodations or that provide goods and services are covered under Title III. Title I requires employers to provide employees with disabilities an equal chance to benefit from employment-related opportunities and prohibits discrimination based on disability. Title III requires businesses to make reasonable accommodations for customers with disabilities, such as providing accessible parking, wheelchair ramps, and allowing service animals.

Small businesses that don't meet the employee threshold for Title I or are not considered public accommodations under Title III may be exempt from certain ADA requirements. However, it's important to note that state laws may have additional disability protection laws that apply to small businesses.

Overall, small businesses should strive for ADA compliance to ensure accessibility and inclusion for employees and customers with disabilities.

Architectural accessibility

The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination and guarantees that people with disabilities have the same opportunities and access as everyone else. Architectural accessibility is one of the most important aspects of ADA compliance. Here are some key points regarding architectural accessibility for small businesses:

• Architectural barriers refer to physical elements of a building that prevent access or movement for people with disabilities. Examples include steps at an entrance, narrow aisles, high counters, or small restrooms.
• Small businesses are required to remove architectural barriers and provide accessible routes for customers with disabilities. This includes providing accessible parking spaces, ramps, and accessible entrances.
• The ADA requires businesses to make reasonable modifications to their facilities to ensure accessibility. For example, providing an accessible route from a parking lot to the entrance, installing ramps, widening doorways, and repositioning shelves or furniture to ensure unobstructed pathways.
• The ADA's definition of an alteration is important to understand. It includes remodeling, renovating, changing structural parts, or making changes that affect the usability of the facility. If a business undertakes an alteration, it must make the altered portions accessible to the maximum extent feasible.
• Small businesses have some flexibility in determining how to achieve architectural accessibility. The ADA's "safe harbor" provision allows businesses to choose between complying with the 1991 Standards or the updated 2010 Standards for alterations made before March 15, 2012. After that date, only the 2010 Standards can be used.
• The ADA recognizes the financial constraints of small businesses and provides a balance between increasing access and recognizing financial limitations. The "readily achievable" standard means that businesses are expected to remove barriers based on their size and resources.
• Small businesses should assess their facilities, identify existing barriers, and set priorities for removal. They can also consult with people with disabilities in their community to get their input.
• Businesses that provide parking for the public must provide accessible parking spaces for cars and vans if it is readily achievable. The number of accessible spaces required depends on the total number of parking spaces provided.
• Accessible entrances are crucial. If the main entrance cannot be made accessible, an alternate accessible entrance should be provided and properly signposted.
• An accessible route must be at least three feet wide and remain unobstructed by items such as vending machines, furniture, or displays. This applies to pathways within the business, as well as access to goods and services, public restrooms, and other amenities.
• Shelves and sales counters must be on an accessible route, providing enough space for customers using mobility devices. Businesses are not required to make changes that result in a significant loss of selling space.
• Food service establishments must provide accessible routes to dining areas, food service lines, and condiment/beverage bars. Accessible tables must be provided and dispersed throughout the dining area.
• Small businesses should prioritize accessibility from the beginning of any construction or renovation project. It is easier to implement accessibility solutions from the start rather than trying to add them later.
• Small businesses can take advantage of tax incentives, such as the Disabled Access Credit and the tax deduction for removing architectural barriers, to offset the cost of compliance.

Accessibility and assistive technologies

The Americans with Disabilities Act (ADA) is a federal civil rights law that was enacted in 1990 to reduce discrimination in the United States. The ADA requires businesses to make "reasonable accommodations" for people with disabilities. This includes providing assistive technologies and services to ensure inclusion for people with disabilities.

Assistive technologies are tools and services that enable people with disabilities to work with autonomy. Examples of assistive technologies include:

• Sign language interpreters
• Braille signage
• Accessible parking spaces
• Ramps and wheelchair ramps
• Websites that are compatible with assistive technology devices

Small businesses are required to comply with the ADA. However, small businesses with fewer than 15 employees may be exempt from certain provisions of the law.

Businesses that do have at least 15 employees are required to provide individuals with disabilities an equal chance to benefit from employment-related opportunities. Employers are also prohibited from discriminating against employees based on their disabilities and must provide reasonable accommodations to ensure they can perform their duties.

Businesses that are considered "public accommodations" are prohibited from discriminating against customers with disabilities under Title III of the ADA. This includes most businesses that serve the public, regardless of their size. Examples of public accommodations include:

• Inns, hotels, and motels
• Restaurants and bars
• Bakeries and grocery stores
• Hardware stores or any sales/retail outlet
• Laundromats and dry cleaners
• Accountants and lawyers' offices
• Health care providers' offices
• Public transportation
• Social service centers
• Gyms

Businesses that fail to comply with the ADA may face fines, lawsuits, and other penalties.

Policy enhancements

• Accessible Communication: Businesses should ensure that their communication is accessible to people with disabilities. This includes providing sign language interpreters, using braille signage, and making websites accessible by following the Web Content Accessibility Guidelines (WCAG).
• Service Animals: Businesses should allow service animals to accompany their owners into the establishment, even if they have a "no pets" policy. This may include dogs, but it is important to note that only dogs can be service animals under the ADA.
• Mobility Devices: Businesses should allow people with disabilities to use mobility devices such as wheelchairs, walkers, canes, or crutches in all areas accessible to customers.
• Accessible Parking: Small businesses should provide accessible parking spaces for people with disabilities, including designated spaces for vans with wheelchair lifts.
• Accessible Entrances: Businesses should ensure that entrances are accessible by providing ramps, lifts, or regrading walkways. If the main entrance is not accessible, an alternate accessible entrance should be provided and clearly signposted.
• Accessible Route: The path taken by a person with a disability to enter and move through the business must be at least three feet wide and remain unobstructed by items such as vending machines, furniture, or displays.
• Accessible Shelving and Counters: Shelves and sales counters must be on an accessible route and provide enough space for customers using mobility devices. Lowered counters and clear floor space are critical for accessibility.
• Accessible Dining Areas: Restaurants and bars must provide accessible routes to dining areas, including raised, sunken, or outdoor areas. Accessible tables must be provided and dispersed throughout the dining area.
• Accessible Restrooms: Businesses should ensure that restrooms are accessible for people with disabilities, including providing accessible toilet stalls, and removing barriers such as narrow aisles or high counters.
• Training for Employees: Small businesses should train their employees on the ADA's requirements, including how to modify policies and practices, communicate with and assist customers with disabilities, and accept calls through the relay system.
• Reasonable Accommodations: Businesses should make reasonable accommodations for customers with disabilities, such as providing assistance in retrieving merchandise or reading product labels. This may also include allowing customers with disabilities to bring their own assistive devices or technologies.

Title I compliance

The U.S. Equal Employment Opportunity Commission regulates and enforces Title I. Employers with 15 or more employees must comply with this law. The regulations for Title I define disability, establish guidelines for the reasonable accommodation process, address medical examinations and inquiries, and define "direct threat" when there is a significant risk of substantial harm to the health or safety of the individual employee with a disability or others.

To comply with Title I, employers should focus on providing reasonable accommodations, ensuring equal opportunities for qualified individuals with disabilities, and preventing discrimination or harassment based on disability.

Title III compliance

The ADA defines "disability" as:

> A physical or mental impairment that substantially limits one or more major life activities of an individual.

> A record of a physical or mental impairment.

> Being regarded as having a physical or mental impairment, further defined as:

> someone who establishes that he or she was subjected to an action prohibited by the ADA because of any actual or perceived physical or mental impairment, whether or not the impairment limits or is perceived to limit a major life activity; and

> an impairment that is determined not to be minor or transitory (with an expected duration of six months or less).

Public accommodations include a wide range of facilities, such as hotels, restaurants, bars, theaters, grocery stores, hardware stores, doctors' offices, private schools, and more.

Businesses must provide people with disabilities equal opportunities to access their goods and services. This includes effective communication, reasonable modifications to policies and procedures, allowing service animals, and following specific standards for physical accessibility.

The Department of Justice (DOJ) is the primary federal government agency responsible for enforcing the ADA. The DOJ has provided guidance and resources to help businesses understand and comply with Title III requirements.

Frequently asked questions