Business
The Americans with Disabilities Act (ADA) is a comprehensive Federal civil rights law that requires equal opportunity and access for individuals with disabilities to the more than 6 million businesses in the United States. Knowledge and understanding of the requirements of the ADA are essential to compliance.This section of the toolkit provides resources which will help businesses understand and comply with the requirements of the ADA.
Click on any of the titles below to view the description.
Overview of Title III – Places of Public Accommodation
All private businesses, referred to as places of public accommodation and commercial facilities that affect commerce must follow the regulations and ADA standards for accessible design. The ADA prohibits places of public accommodation from discriminating on the basis of disability in the provision of its goods and services. Goods and services are required to be provided in the most integrated setting possible.
There are 12 categories of places of public accommodation under the ADA:
- Places of lodging
- Food and drink establishments
- Place os exhibition or entertainment
- Places of publich gathering
- Sales or rental establishments
- Service establishments
- Public transportation terminals, depots or stations
- Places of public display or collection
- Places of recreation
- Places of education
- Social service center establishments
- Place of lodging
ADA Update: A Primer for Small Business
An illustrated guide to help small businesses understand the requirements of the 2010 ADA regulations.
Americans with Disabilities Act: Questions and Answers
U.S. Department of Justice document regarding commonly asked questions on the ADA and public accommodation updated by the ADA National Network.
Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities 2010
U.S. Department of Justice regulations prohibiting discrimination on basis of disability by public accommodation. This link directs you to the section regarding “ADA ACCESSIBILITY GUIDELINES FOR BUILDINGS AND FACILITIES.
Architectural Accessibility
The ADA requires places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with the ADA standards for accessible design. An alteration is something that affects the usability of the building element or space. For example, installing a new display counter, moving walls in a sales area, replacing fixtures, carpet or flooring, and replacing an entry door would be viewed as alterations. Basic maintenance, like repainting a wall is not viewed as an alteration.
The ADA requires places of public accommodation to take steps to improve access by removing barriers in existing buildings. The steps each business is required to take to remove access barriers depends on several factors including the size and financial resources of the business.
- 2010 ADA Standards for Accessible Design
U.S. Department of Justice standards for new construction and alterations for places of public accommodations and commercial facilities. - Guidance on the 2010 ADA Standards for Accessible Design: Volume 2
U.S. Department of Justice guidance on the 2010 ADA standards. - ADA Update: A Primer for Small Business
U.S. Department of Justice guide that presents an informal overview of some basic ADA requirements for small businesses that provide goods or services. - ADA Checklist for Readily Achievable Barrier Removal
This Checklist, created by the New England ADA Center a project of the Institute for Human Centered Design, identifies accessibility problems and solutions in existing facilities. - Guide to the ADA Standards
U.S. Access Board guidance on the ADA standards. - ADA Title III Technical Assistance Manual
U.S. Department of Justice manual providing explanation of the regulations and accessibility standards applying to places of public accommodations and commercial facilities. - ADA Compliance Brief: Restriping Parking Spaces
U.S. Department of Justice document providing information about creating accessible car and van spaces when parking lots are restriped. - ADA Requirements: Accessible Pools – Means of Entry and Exit
U.S. Department of Justice publication designed to help title III entities understand how new requirements for swimming pools, especially existing pools.
Serving Customers with Disabilities
Places of public accommodation must provide goods and services to customers with disabilities in the most integrated setting possible. The ADA prohibits businesses from establishing eligibility requirements that exclude or segregate customers with disabilities.
Places of public accommodation must make reasonable modifications to policies, practices, and procedures when needed to allow customers with disabilities an equal opportunity to benefit from the goods and services being provided. Individuals should also have the same level of access to information that is provided to customers with out disabilities. This may require providing information in an alternative format for a customer that is blind or providing a sign language interpreter for a customer that is deaf.
- Frequently Asked Questions about Service Animals and the ADA
Justice Department document addressing frequently asked questions regarding service animals and the ADA - ADA Requirements: Other Power-Driven Mobility Devices (OPDMDs)
This 6-page document provides guidance on the Department’s 2010 regulations regarding the use of wheelchairs and mobility aids, as well as other types of less-traditional powered mobility devices. (2014) - ADA Requirements: Effective Communication
This 7-page publication provides guidance on the Department’s 2010 regulations relating to communicating effectively with people who have vision, hearing, or speech disabilities. (2014) - ADA Requirements: Service Animals
This publication provides guidance on the term “service animal” and the service animal provisions in the Department’s new regulations. (2011) - ADA Requirements: Ticket Sales
This publication provides guidance on the Department’s new nondiscrimination requirements that apply to selling tickets for assigned seats at events such as concerts, plays, and sporting events. (2011)
Department of Justice ADA Business Connection Resources
U.S. Department of Justice resources designed to assist businesses in marketing to and serving customers with disabilities.
- Reaching out to Customers with Disabilities
U.S. Department of Justice free online course for business owners on serving customers with disabilities. - Ten Small Business Mistakes
This thirteen-minute video produced by the U.S. Department of Justice identifies common mistakes that small businesses make when trying to comply with the ADA and addresses the importance and value of doing business with 50 million people with disabilities.
Expanding Your Market
- Customers with Disabilities Mean Business
U.S. Department of Justice document discussing the large number of consumers with disabilities, and how making businessess accessible to them will increase revenue. - Accessibility Benefits Older Adult Customer
U.S. Department of Justice document discussing the benefits of making businesses accessible to older adult customers. Reasonable accommodations for this demographic are also discussed. - Building a Diverse Customer Base
U.S. Department of Justice document discussing the ADA’s prohibition of discrimination by places of public accommodation. - Gathering Input from Customers with Disabilities
U.S. Department of Justice document discussing the importance of obtaining input from customers with disabilities, and provides suggestions of accessible ways to collect their feedback.
Hospitality Resources
The ADA National Network launched an initiative to promote accessibility and opportunity for people with disabilities within the hospitality industry.
- Hospitality and Disability: A ADA National Network Initiative
This website includes targeted materials and resources to promote accessibility and opportunity for people with disabilities within the hospitality industry. - ADA Business BRIEF:Communicating with Guests who are Deaf or Hard of Hearing in Hotels, Motels, and Other Places of Transient
U.S. Department of Justice brief to aid hotel staff in communication with individuals that are deaf or hard of hearing. - Americans with Disabilities Act GUIDE FOR PLACES OF LODGING: SERVING GUESTS WHO ARE BLIND OR WHO HAVE LOW VISION
U.S. Department of Justice guide to assist the hospitality industry in serving individuals that are blind or have low vision.
Healthcare
Barrier-Free Health Care Initiative
Initiative of the Justice Department intended to insure access to health care by persons with disabilities
Access to Medical Care for Individuals with Mobility Disabilities
Justice Department and Health and Human Services document addressing access to health care by persons with mobility disabilities
ADA Business BRIEF: Communicating with People Who Are Deaf for Hard of Hearing in Hospital Settings
U.S. Department of Justice document describing various means of effective communication with patients who are deaf or hard of hearing and the types of situations each means may be applicable.
Childcare
Commonly Asked Questions about Child Care Centers and the Americans with Disabilities Act
A comprehensive questions and answers document by the US Department of Justice. Topics include:
- The ADA’s coverage of child care centers
- General information regarding child care centers and the ADA
- Obligation to provide personal services under the ADA
- Issues regarding specific disabilities
- Making childcare facilities accessible
- Tax provisions
- The Department of Justice’s enforcement efforts
- Additional resources
Let’s Play! Projects: University of Buffalo Center for Assistive Technology
This website contains information on universal design for play, accessible toys and various types of assistive technology, which can be used to help children with disabilities participate in playtime activities. This also web site contains a resource Library with lots of downloadable material.
Tax Incentives
Businesses can take advantage of two Federal tax incentives available to help cover costs of making access improvements for customers with disabilities:
1. A tax credit for small businesses that remove access barriers from their facilities, provide accessible services, or take other steps to improve accessibility for customers with disabilities.
2. A tax deducation for businesses of all sizes that remove access barriers in their facilities or vehicles.
A business that annually incurs eligible expenses to bring itself into compliance with the ADA may use these tax incentives every year. The incentives may be applied to a variety of expenditures; however, they may not be applied to the costs of new construction. All barrier removal must comply with applicable Federal accessibility standards.
- Expanding Your Market: Tax Incentives for Business
Justice Department document explaining the tax incentives available for businesses
Internet Accessibility
Information technology use is essential in today’s business environment. However, the such technology can create barriers for individuals with disabilities, especially for people unable to operate a standard keyboard or mouse. Assistive technology such as alternative keyboards and screen readers can help, but only if a the content is developed to be accessible and compatible with such assistive technology.
Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in places of public accommodation. Businesses and corporations, both large and small, are affected by the ADA. While Title III of the ADA is best known for its applicability to barriers such as lack of wheelchair access, acceptance of service animals, effective communication for hard-of-hearing individuals and accommodations for the vision impaired, its focus in the digital age has turned to the accessibility of information technology. While regulations are still being determined by the Department of Justice (DOJ), it is clear that it interprets the ADA as applicable to information technology.
There are accepted best practices and guidelines for ensuring the accessibility of documents and websites. The World Wide Web Consortium Web Accessibility Initiative has developed in-depth guidance in this area and specifically offer the Web Content Accessibility Guidelines (WCAG) 2.0 “AA” level, which is presently being used as the standard by the DOJ. In addition, some states have implemented their own laws for accessibility, for example Illinois state agencies are required to follow the Illinois Information Technology Accessibility Act standards and in Minnesota there is the State of Minnesota Accessibility Standard.
Beyond the ADA requirements, there is also a strong business case for accessibility. Accessibility overlaps with other best practices such as mobile web design, device independence, multi-modal interaction, usability, design for older users, and search engine optimization (SEO). Case studies show that accessible websites have better search results, reduced maintenance costs, and increased audience reach, among other benefits. There are social, technical, financial, and legal benefits to engage in this process.
Tool
- ATRC Web Accessibility Checker
The Web Accessibility Checker developed by the University of Tornoto checks single HTML pages for conformance with several accessibility standards, including international options, to ensure the content can be accessed by everyone. The report can be viewed by guideline or by line specific location with information on how to repair the errors. - Functional Accessibility Evaluator
The Functional Accessibility Evaluator (FAE) analyzes web resources for markup that is consistent with the use of web accessibility best practices and interoperability. The tool produces page level and summary reports. - WAVE Online
A product of WebAIM, the WAVE accessibility checker evaluates web pages for several known accessibility issues and displays page with tags to show good and bad points. It can be filtered to use WCAG 2.0 A, WCAG 2.0 AA, or Section 508 standards. - Tenon
Tenon.io can identify 508 and WCAG 2.0 issues with it’s free webpage analysis tool or with a paid version to extend evaluation to any environment, such as a developer’s laptop.
Tutorials and Comprehensive Sites
- Great Lakes ADA Center
Great Lakes ADA Center with the Pacific ADA Center sponsor an Accessible Technology Webinar series, free and all sessions are archived. - W3C’s Web Accessibility Initiative
A plethora of resources strategies, guidelines, make the web accessible to people with disabilities, including undertainding what website accessibility is, why it is important, technical specifications to guide developers, and evaluating technology access. - WebAIM
WebAim provides comprehensive resources, tutorials, and tools to promote web accessibility, including tutorials and tools on content management systems, PDF files, and captioning. They also host on-line communities and training events. - University of Washington
Getting started with accessibility is a comprehensive website with a number of how-to pages with step-by-step guides for making particular types of content accessible, including documents, websites, video, and procuring accessible information technology.
