The Americans With Disabilities Act (ADA) is designed to create equality for people with disabilities as they live and work in the world. The ADA requires businesses, employers, and public services to make simple modifications or adaptations that create a greater level of accessibility for people who are unable to complete tasks the same way that a non-disabled person would.
Nearly 25 percent of the current workforce lives and works with some type of disability. If one in every four excellent candidates needed extra assistance to perform their role, would you turn them away?
Here’s what employers need to know about complying with the ADA.
What Is the Americans With Disabilities Act?
The Americans with Disabilities Act of 1990 prohibits employers, the transportation sector, the telecommunications sector, state or federally-funded public accommodations, and state or federally-funded services from discriminating against people with disabilities or failing to reasonably accommodate their needs.
Congress fortified and updated the ADA with the ADA Amendments Act of 2008. Disability accommodation requirements may increase or change as new technology makes it easier for people with disabilities to interact with the world.
The ADA mandates inclusivity for people with disabilities. Public service announcements or televised government communications must provide closed captioning for the hearing impaired due to the ADA. The ADA is the reason why public buses have wheelchair ramps and public parks have disabled parking spaces. The ADA protects the civil rights of disabled individuals and preserves their ability to have equal access to the same opportunities.
The Department of Transportation, telecommunications relay services, and similar services provided by the federal government constantly work to maintain business compliance with the ADA. While state, local, and federally funded institutions, systems, and programs shoulder most of the responsibility of ADA compliance, some compliance issues fall to private entities like employers.
What Are the Titles in the ADA?
The ADA is divided into long chapters called titles. Each title explains a category of requirements and gives a thorough interpretation of the requirements mandated. Titles I through III contain most of the important information business owners should know.
Title I of the ADA
No covered entity shall discriminate against a qualified individual on the basis of disability regarding job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
Title II of the ADA
No qualified individual with a disability shall be discriminated against or excluded from participation in or benefits of the services, programs, or activities of a public entity.
Title III of the ADA
Title III is the heftiest title of the ADA. There are several key takeaways that business owners should be aware of.
Guidelines impact places of public accommodation, which refers to any business entity or commercial facilities where people visit. This applies to privately owned businesses whether or not they receive federal financial assistance or provide government services.
New construction must be disability accessible.
Public accommodations must have a qualified reader or a qualified interpreter for someone with a disability. Interpreters do not always have to be staff members if technology can fulfill the role — i.e., braille menus and guided audio that can support effective communication.
What Qualifies as a Disability?
The ADA utilizes a somewhat vague definition of disability, stating that a disabled individual is someone with a physical or mental impairment that substantially limits major life activities, has a record of such an impairment, or is regarded as having such an impairment. The definition also states that the determination can be made on a case-by-case basis.
The term “substantially limits” isn’t clearly defined but is generally interpreted to mean that someone faces significant obstacles on a regular basis. Some medical conditions, like seasonal allergies or eczema flare-ups, wouldn’t substantially limit someone’s ability to complete daily tasks.
Some disabilities, like partial paralysis, neurological disorders, or intellectual disabilities, are clearly defined. “Invisible illnesses,” like mental health conditions or chronic pain conditions like fibromyalgia, are equally valid disabilities. Under the law, anyone who has difficulty performing essential functions, working, learning, or caring for themselves could be seen as someone with a disability.
A note from any licensed healthcare professional stating the nature of someone’s disability and suggesting reasonable accommodations is usually sufficient enough to establish that a disability exists under ADA definitions.
What Is a Reasonable Accommodation?
There will be situations where someone lives with a disability that completely prevents them from working a certain job. For example, someone who is fully blind cannot be an airplane pilot, and someone who is fully deaf can’t be a court transcriptionist. The ADA recognizes that it isn’t always possible to accommodate certain people in certain roles.
There are many circumstances where a small accommodation or a reasonable modification can make it possible for someone with a disability to fill a specific role within a company. You likely encounter small examples of reasonable accommodations every day.
It’s very common to see someone seated to perform a job that’s typically performed from a standing position. A seat can sometimes be all that’s necessary to provide a reasonable accommodation for someone with a disability.
Adjusting an employee’s schedule to suit their needs for medical appointments, providing them with enough rest breaks, installing wheelchair ramps on employee entrances, giving employees access to company material in braille or as an audiobook, or allowing disabled employees to work remotely when possible would be considered reasonable accommodations.
A reasonable accommodation would not be purchasing all new workplace equipment designed to be used only by one employee or eliminating key aspects of a role that someone may be unable to perform. If a modification or accommodation would cause undue hardship for your business, you don’t need to exceed your budget. There are alternative ways to satisfy requirements.
You can assign an individual with a disability to another vacant role where they may be accommodated more efficiently. People with speech disabilities may have difficulty answering business phone calls, but may be excellent at typing and filing documents. A person with severe anxiety might thrive working peacefully on a loading dock or in a stock room rather than interacting directly with the public. It helps to recognize the strengths of your employees with disabilities and place them into roles where they can thrive with minimal intervention.
Do All Employers Need To Comply With ADA Rules?
All employers with 15 or more employees need to comply with ADA rules. If you own something like a small retail business with five total employees, regulatory bodies understand that you likely don’t have the resources to provide expensive or extensive accommodations for someone.
The U.S. Equal Employment Opportunity Commission (EEOC) works to provide resources and helpful tips for employers and employment agencies regarding the implementation of miscellaneous provisions that can set the groundwork for disability-friendly commercial facilities. Employers may need to consider more specific provisions or modifications when hiring persons with disabilities.
Even if you aren’t mandated to comply with ADA rules, thinking ahead may be a wise idea. Consider accessibility requirements when planning new construction and ease of access via public transportation when choosing a business location.
Prioritizing accessibility within your workplace can create a seamless transition in the event that you hire someone who needs accommodations. If your workplace is open to customers or clients, prioritizing accessibility can improve their experiences when they visit you.
Who Enforces ADA Requirements?
The U.S. Department of Justice primarily enforces the ADA because most of the ADA requirements apply to state or federally-funded services or programs. Allowing the Department of Justice to oversee compliance creates a stronger accountability level for most affected businesses and institutions.
The United States Department of Labor Office of Disability Employment Policy technically does not have the power to enforce the ADA. Still, they act as the primary resource of ADA compliance definitions and strategies for employers. Employers with questions about compliance issues or guidelines can find most of the answers or solutions they need through the ODEP.
ODEP funds SEED, the State Exchange on Employment and Disability. SEED works with local governments within each state to help them reach disability compliance through public services and institutions. State policies can be implemented for private employers.
What Are the Penalties for ADA Non-Compliance?
The fines for ADA non-compliance are among the highest fines a business can face. The fine for the first violation ranges between $55,000 and $75,000, depending on the type of violation. Additional or subsequent ADA violations can be penalized by fines as high as $150,000.
The financial effects of these fines can be devastating, especially for small businesses. If you’re unable to pay such a substantial fine or if doing so causes your business substantial financial harm, you may face closure.
Failure to comply with ADA requirements also leaves a business vulnerable to lawsuits. Any damages awarded in a lawsuit would come in addition to fines for a violation. Damages awarded in a lawsuit can be significant and may also include attorney’s fees.
Consider things from this perspective: It may be a one-time cost of $10,000 to implement disability accommodations within your workplace. Fines for two violations can total $225,000. It makes more sense from a financial perspective to adopt compliance measures early on than it does to risk facing such hefty fines that you may not be able to recover from.
Does Your Business Need Help With State Compliance?
With high penalties for non-compliance, your business can’t afford to risk making major mistakes under the Americans with Disabilities Act. Mosey’s compliance automation tools can help your business keep track of all state and local compliance requirements that impact your ability to thrive and grow.
Schedule a demo with Mosey to learn how we make compliance easy.
