The Americans with Disabilities Act (ADA) impacts employees and business customers with disabilities. This federal law prohibits discrimination against people in both capacities and presents some challenges to businesses that want to comply. As a real estate litigation lawyer can share, public accommodations are not to discriminate against people with disabilities, just as they shouldn’t discriminate based on a person’s skin color or race.
In 2022, about 13.9% of the US population had disabilities, according to the National Institute on Disability, Independent Living, and Rehabilitation Research, or about 46.3 million people. Depending on the nature of your business and your targeted customers, people with disabilities may account for a substantial part of your company’s income. Making your business physically accessible isn’t just the law. Expanding the pool of potential employees and customers may be good for your business.
What Is A Public Accommodation?
Public accommodations are private entities that own, lease, or operate facilities meant to serve the public. The ADA breaks them into different categories, including places for the following:
- Lodging
- Food and drink
- Exhibition or entertainment
- Public gathering
- Sales or rental establishments
- Service establishments
- Public transportation terminals
- Public display or collection
- Recreation
- Education
- Social service center establishments
- Exercise or recreation
Websites are also considered places of accommodation and must be accessible to those with disabilities as our friends at Focus Law LA can share.
What Does The ADA Require?
The ADA mandates, with some limitations, that these accommodations meet specific standards, including the following:
- Physical barriers in buildings existing when the law went into effect (1991) must have been identified and removed if it was easy to do so, given the owner’s resources
- Post-1992 construction must be accessible to those with disabilities
- Modifications must be made to ensure accessibility to the greatest extent feasible
Public accommodations must also take action beyond removing physical barriers, including:
- Modifying policies, procedures, and practices when needed to accommodate people with disabilities unless it would fundamentally change their service’s nature
- Communicating effectively with people with communication disabilities. This may include signs in Braille or documents with large print.
- Allowing service animals into areas where the public can go
Your business may also be subject to state laws and local ordinances that require public accommodations to be accessible to those with disabilities.
How Can A Website Be Made Accessible To Those With Physical Disabilities?
The federal Department of Justice (DOJ) lists the following potential problems:
- Those with limited vision or color blindness can’t read the text if there is insufficient contrast between it and the background
- People with color blindness can’t access information if it’s only conveyed through color cues because they can’t distinguish one color from another
- People who are blind will be unable to understand the message and purpose of images if there’s no audio alternative
- People with hearing difficulties may be unable to access information in a video if it doesn’t have captions
- People who cannot use a trackpad or mouse will be unable to access web content if they can’t use a keyboard
Businesses with inaccessible websites can be subject to legal action, just as if those in wheelchairs couldn’t get through their doorways.
How Is The Law Enforced?
The DOJ enforces the public accommodation component of the ADA. Individuals who think they’ve been discriminated against by a public accommodation may file a complaint with the department or pursue a private lawsuit.
If you have a question about disability access to your business or are the subject of a public accommodation complaint, contact your attorney.