The Americans with Disabilities Act (ADA) requires businesses to make “reasonable accommodations” for people with qualified disabilities, but only if those businesses fit certain guidelines.
Some portions of the Americans with Disabilities Act contain an exemption for businesses that employ fewer than 15 people, for example, while other provisions apply to companies that provide services to the public, regardless of size.
How can you tell if your business is required to conform? Here are the facts, according to ADA, to help you decide.
Small Business ADA Guidelines
Title I and Title III of ADA are the ones most applicable to small business owners. Title II refers only to public entities: state or local governments.
In either case, there are exceptions, and certain businesses may not have to comply with all ADA standards.
Title I Compliance
Title I pertains to qualified employers and requires eligible businesses to provide individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others.
The law also mandates that an employer cannot discriminate against employees based on their disability, and requires the company to provide reasonable accommodations to enable them to perform the duties of the position.
The ADA defines an “employer” as any person who is:
- Engaged in an industry affecting commerce;
- Employs 15 or more full-time employees each work day;
- For at least 20 or more calendar weeks in the year.
That means if your business has 14 or fewer full-time employees or is in business for less than 20 weeks a year, you do not have to be ADA compliant.
Businesses entirely owned by a federally-recognized Native American tribe are also exempt from Title I, as is any tax-exempt private membership club or religious organization.
Title III Compliance
Title III of the ADA focuses on private and public entities that it considers to be “public accommodations,” (those that provide goods or services to the public) and requires that businesses not discriminate against customers based on disability.
ADA establishes requirements for 12 categories of public accommodations, which include:
- Stores and shops;
- Restaurants and bars;
- Service establishments;
- Theaters and hotels;
- Private museums and schools,
- Doctor’s and dentist’s offices;
- Shopping malls and other businesses.
Nearly any business that serves the public is included, regardless of its size or age of its building. However, as with Title I, ADA considers entities such as private clubs or religious organizations to be exempt.
Commercial facilities, such as office buildings, factories, warehouses or other facilities that do not provide goods or services directly to the public are only subject to the ADA’s requirements for new construction and alterations.
The small business ADA guidelines require owners to make all reasonable efforts to accommodate any individual with a disability. For example, while you may have a policy prohibiting animals in your facility, you should make an exception for service dogs.
Also, if you own or operate a business that serves the public, you must remove physical “barriers” that are “readily achievable,” which means easy to accomplish without much difficulty or expense.
The “readily achievable” requirement is based on the size and resources of the business. Larger businesses with more resources are expected to take a more active role in removing barriers than small businesses.
The ADA also recognizes that economic conditions vary. When a business has resources to remove barriers, it is expected to do so, but when profits are down, the business may reduce or delay barrier removal.
This article provided a summary of what small business ADA guidelines require. To learn more, consult the following documents:
- ADA Update: A Primer for Small Business;
- A Guide to Disability Rights Laws;
- ADA Guide for Small Businesses (PDF).
Also, because disability laws can get complicated, it may be in your best interest to consult an experienced disability lawyer to ensure your small business is ADA compliant.
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