By Brett Strauss, Esq. & Director of Compliance
The Americans with Disabilities Act (ADA) provides framework to ensure that people with disabilities have equal access to public spaces, services, and opportunities. Creating an inclusive society where everyone can participate fully is a fundamental goal, and small businesses play a crucial role in achieving this vision.
In this blog, we highlight the role of small businesses in fostering accessibility and provide an overview of understanding ADA requirements, implementing practical changes, and accessing resources for assistance.
Read on to learn more about the importance of accessibility and the impact on businesses and individuals.
ADA Overview
The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in various areas of public life, including jobs, schools, transportation, and all public places open to the general public.
The ADA was signed into law on July 26, 1990. Its primary purpose is to ensure that people with disabilities have the same rights and opportunities as everyone else.
Title I – Employment
This title prohibits discrimination in employment and requires employers with 15 or more employees to provide reasonable accommodations to employees with disabilities unless it would cause undue hardship.
Title II – Public Services
This title prohibits discrimination by public entities, including state and local governments, and requires that they make programs, services, and activities accessible to individuals with disabilities.
Title III – Public Accommodations
This title requires that privately-owned businesses that serve the public (such as restaurants, retail stores, hotels and theaters) ensure their facilities are accessible.
This includes removing architectural barriers when it is readily achievable.
Title IV – Telecommunications
This title mandates telephone and internet companies to provide services that allow individuals with hearing and speech disabilities to communicate over the telephone.
Title V – Miscellaneous Provisions
This title contains various provisions, including protection from retaliation for individuals asserting their rights under the ADA.
Key Points for Business Owners
Accessibility
Businesses open to the public must be accessible to individuals with disabilities. This may involve structural changes like installing ramps, widening doorways, or ensuring accessible restrooms.
Reasonable Accommodations
Businesses are required to make reasonable modifications to their policies, practices, and procedures to accommodate individuals with disabilities unless it would fundamentally alter the nature of their services.
Effective Communication
Businesses must take steps to communicate effectively with customers who have hearing, vision, or speech disabilities. This can include providing auxiliary aids and services such as sign language interpreters and written materials.
Employment Practices
Small businesses with 15 or more employees must comply with ADA employment provisions, which include not discriminating in hiring, promotion, or firing, and providing reasonable accommodations for employees with disabilities.
Tax Incentives
The government offers tax credits and deductions to help offset the cost of ADA compliance for small businesses. The Disabled Access Credit and the Barrier Removal Tax Deduction are two such incentives.
Failure to Comply
Legal Consequences: Lawsuits, Fines & Penalties
Individuals who experience discrimination or encounter barriers due to non-compliance can file lawsuits against a business – leading to costly legal battles, settlements, or judgements.
The U.S. Department of Justice (JOD) enforces the ADA and can impose civil penalties. The minimum fine for an ADA violation is $4,000 and can be up to $75,000 for a first-time violation.
Subsequent violations can incur fines up to $150,000.
Financial Implications: Legal Fees & Retrofit Costs
Defending against ADA-related lawsuits can be expensive, with costs including attorney fees, court fees, and potential settlements.
If found non-compliant, the business may be required to make necessary modifications to meet ADA standards, which can be more costly than if they were initially implemented.
Operational Impact: Business Interruptions & Insurance Rates
Legal issues and mandated modifications can disrupt business operations, potentially leading to temporary closures or reduced accessibility during renovations.
Non-compliance and ensuing issues can lead to increased insurance premiums as the business may be deemed to be a higher risk.
Reputational Damage: Public Relations & Customer Trust
Non-compliance can harm the business’s reputation. Negative publicity can deter customers, including those with disabilities and their families, friends, and advocates
Demonstrating a lack of commitment to accessibility can erode trust and loyalty among the customer base, affecting long-term business relationships.
Steps to Avoid Non-Compliance
Conduct an Accessibility Audit
Regularly review the premises and practices to identify and address potential barriers to accessibility.
Employee Training
Ensure that employees are educated about ADA requirements and understand how to accommodate customers and colleagues with disabilities.
Consult Professionals
Work with ADA consultants, architects, or attorneys who specialize in accessibility to ensure the business meets all legal requirements.
Stay Informed
Keep up-to-date with ADA regulations and any changes to ensure ongoing compliance.
Resources for Assistance
Americans with Disabilities Act
U.S. Department of Justice – Civil Rights Division
800.514.0301
ADA National Network
Provides information, guidance and training on the ADA.
800.949.4232
Small Business Administration (SBA)
Offers resources and support for small businesses, including compliance assistance.
Contact a banker. Most banks have an SBA department.
800.827.5722
By embracing ADA guidelines and actively staying informed, small businesses can create welcoming environments that benefit everyone. This commitment leads to increased customer satisfaction, employee engagement, and community support. By taking proactive steps to ensure accessibility, small businesses not only comply with the law but also foster a culture of respect, equality, and demonstrate that small actions by small businesses can lead to a significant impact.
Southland Data Processing’s SDP – HR division provides HR guidance, audit reviews and can assist organizations with implementing and maintaining ADA compliance. We’ve helped many businesses transform their organization for the better, and within regulatory compliance guidelines. Contact us for a complimentary consultation and to learn how to get started.
As an experienced payroll partner, Southland Data Processing offers support to help keep payroll processing organized, compliant and accurate. Clients can expect to have access to a variety of resources, training and educational webinars to stay current with the latest news and information.
Our payroll professionals assist our clients with payroll, workforce management, benefits administration, and human resources needs. To get started or learn more about these solutions, simply contact us today. We also invite you to meet with us today for a complimentary HR consultation and to learn how we can support objectives, overcome challenges, and address issues quickly and accurately.
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*Southland Data Processing (“SDP”), an MPAY Company, is not a law firm. This article is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other SDP materials does not create an attorney-client relationship. SDP is not responsible for any inadvertent errors that may occur in the publishing process.