Understanding Ada Laws During Company Sales And Acquisitions

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against people with disabilities in public spaces and ensures they have equal access to employment and consumer opportunities. It requires businesses to make reasonable accommodations for those with recognised disabilities, but only if those businesses fall within the ambit of the law.

Title I of the ADA covers areas of private employment and requires eligible businesses to provide employees with equal opportunities to enjoy the privileges of employment. Title III focuses on private and public entities that are considered public accommodations and requires that businesses do not discriminate against customers with disabilities.

So, if a company is sold, the new owners will need to ensure that the business complies with the ADA. This includes making physical spaces accessible, such as by installing ramps and providing accessible parking, and making reasonable accommodations for employees with disabilities.

Architectural accessibility

The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination based on disability and opens doors for full participation in all aspects of everyday life. The ADA applies to businesses with 15 or more employees, and requires them to make reasonable accommodations for those with recognised disabilities.

The ADA Standards for Accessible Design, last updated in 2010, set the standard for what makes a facility accessible. The ADA covers:

• Assembly areas
• Medical care facilities
• Places of lodging
• Housing at places of education
• Detention and correctional facilities
• Social service establishments
• Residential dwelling units

The ADA Standards apply to:

• Places of public accommodation
• Commercial facilities
• State and local government facilities

The ADA Standards are based on minimum guidelines set by the Access Board and issued by the Department of Justice (DOJ) and the Department of Transportation (DOT).

The ADA Standards for Accessible Design outline the following laws and their requirements:

• ADA Title II – State and local government facilities must follow the requirements of the 2010 Standards, including both the Title II regulations and the 2004 ADA Standards.
• ADA Title III – Public accommodations and commercial facilities must follow the requirements of the 2010 Standards, including both the Title III regulations and the 2004 ADA Standards.
• Architectural Barriers Act (ABA) Accessibility Guidelines – The 2010 Standards lay out accessibility design requirements for newly constructed and altered public accommodations and commercial facilities.
• Fair Housing Act – The Fair Housing Amendments Act requires that certain residential structures have features of accessible and adaptable design according to guidelines established by the U.S. Department of Housing and Urban Development (HUD).
• Section 504 of the Rehabilitation Act – Section 504 of the Rehabilitation Act of 1973, as amended, requires that facilities provide reasonable accommodations for those with disabilities.

Accessibility and assistive technologies

The Americans with Disabilities Act (ADA) requires businesses to make reasonable accommodations for those with recognised disabilities. This includes providing assistive technologies and services to ensure inclusion for people. This means providing the necessary tools and services for employees to work with autonomy.

For example, a business may need to provide screen reader software for people who are blind or have low vision. Other assistive technologies include:

• Audio/visual aids for people with hearing or vision impairments
• Sign language interpreters
• Large print, braille, or audio formats of printed materials
• Relay services for people using a text telephone (TTY)
• Live captioning
• Video remote interpreting (VRI)

Web Content Accessibility Guidelines (WCAG) should also be followed to ensure that websites are accessible to people with disabilities. This includes:

• Providing content in alternate formats, such as captions or transcripts for audio or video content
• Ensuring sufficient colour contrast
• Avoiding content that can trigger seizures, such as flashing content

The ADA also requires businesses to remove architectural barriers in existing buildings and make sure that newly built or altered facilities are constructed to be accessible to individuals with disabilities. This includes providing accessible parking spaces, ramps, and accessible entrances to the building.

Policy enhancements

• Service Animals: Develop and implement policies that allow service animals in business settings. Service animals are not required to be certified or professionally trained and should be permitted to accompany individuals with disabilities.
• Accessibility for Customers: Ensure that customers with disabilities can easily access goods and services. This may include providing assistance in retrieving items for those with mobility challenges or helping blind individuals navigate through a restaurant.
• Flexible Work Arrangements: Offer flexible work schedules to accommodate employees with chronic medical conditions, enabling them to attend medical appointments without inconvenience.
• Non-Discrimination: Establish policies that prohibit discrimination during the hiring process and throughout employment. Ensure that individuals with disabilities have equal opportunities for employment, promotions, and access to benefits and privileges of employment.
• Reasonable Accommodations: Provide reasonable accommodations for employees with disabilities, such as ergonomic workstations, accessible technologies, or modified work schedules.
• Confidentiality: Maintain strict confidentiality of any medical information shared by employees or applicants, with specific exceptions outlined by the ADA.
• Accessibility Training: Invest in training programs to educate employees on accessibility best practices, ensuring they are well-equipped to recognize and support customers with disabilities effectively.
• Communication Methods: Implement a range of communication methods to ensure effective communication with individuals who have hearing, vision, or speech disabilities. This may include sign language interpreters, live captioning, alternate format materials (e.g., Braille, large print), and accessible websites.
• Architectural Accessibility: Make necessary modifications to physical spaces, such as providing accessible parking, ramps, and accessible entrances to ensure individuals with disabilities can easily navigate the facility.

Physical changes

Some of the physical changes that may be required include:

• Installing ramps
• Modifying restrooms
• Modifying the layout of workspaces or the business
• Providing accessible parking for employees and customers with disabilities
• Removing architectural barriers, such as steps at the entrance of a building
• Widening doorways
• Installing accessible door hardware
• Lowering counters
• Repositioning shelves
• Moving furniture to ensure an accessible route
• Providing accessible tables in dining areas
• Installing an accessible route to bowling lanes and court sports facilities

These physical changes are considered "reasonable accommodations" under the ADA, which requires businesses to make modifications or adjustments to the way things are done to accommodate individuals with disabilities. While small businesses with fewer than 15 employees may be exempt from certain provisions of the law, they are still encouraged to provide reasonable accommodations for customers with disabilities.

Accessible communications

The Americans with Disabilities Act (ADA) requires businesses to make reasonable accommodations for those with recognised disabilities. This includes making adjustments to ensure equal access to goods and services for customers with disabilities, and providing equal opportunities for employees with disabilities.

For example, businesses must provide auxiliary aids and services to ensure effective communication with people with vision, hearing, or speech disabilities. This could include providing a sign language interpreter, oral interpreter, or written notes to communicate with customers.

Businesses must also ensure that their websites are accessible to people with disabilities. This includes providing content in alternate formats, such as audio or video, ensuring compatibility with screen reader technology, and providing sufficient colour contrast for people with colour blindness or low vision.

Additionally, businesses should train their employees on how to effectively communicate with people with disabilities. This includes recognising the need for reasonable accommodations and responding appropriately to customers with disabilities.

By making these accessible communication adjustments, businesses can ensure that they are complying with the ADA and providing equal access to goods and services for all individuals.

Frequently asked questions