The Americans with Disabilities Act (ADA) was enacted with the goal of removing barriers encountered by people with disabilities in their day to day lives. The ADA sets requirements for the construction and alteration of facilities subject to the law, among other things. Additionally, in September 2010, the Department of Justice set a new standard that all electronic and information technology must be accessible to people with disabilities. These enforceable standards apply to state and local government agencies, places of public accommodation, privately operated entities offering certain types of educational courses or exams, and privately-operated transportation organizations or commercial facilities. Specifically, the Act applies to private and public employers that are engaged in an industry affecting commerce and employs 15 or more full-time employees each workday for at least 20 or more calendar weeks a year.
The Act requires private and public entities that are considered “public places of accommodation” to have accessible approaches and entrances, goods and services, public restrooms, and other items such as water fountains and recreational facilities. Further, employers must provide reasonable accommodations for employees with disabilities. A reasonable accommodation is “any kind of modification or adjustment to a job or to the work environment that makes it possible for a qualified applicant or employee with a disability to either participate in the job application process, enjoy equal benefits and privileges of employment, or to perform essential job functions.”[1] These accommodations can include but are not limited to, workplace accessibility, restructuring a position, modifying work schedules, providing qualified readers for those who are blind, providing sign language interpreters, providing periods of leave for treatment, or modifying equipment.
Employers that conduct business in older buildings have a “safe harbor” within the new statute. If the building complies with the 1991 ADA Standards you do not have to make modifications to your building, even if the updated standards have different requirements. For example, if the light switches in your building were installed before March 15, 2012 (the date the 2010 ADA Standards went into effect) you do not have to alter the heights of your switches to meet the 2010 height standard of 48 inches maximum. However, it is important to note that the “safe harbor” only applies to elements that are addressed in the original 1991 ADA Standards. Elements included in the 2010 ADA Standards that are not included in the 1991 Standards are recreational facilities such as: swimming pools, play areas, exercise machines, miniature golf facilities, fishing piers, boating facilities, and bowling alleys. Public accommodations must remove architectural barriers surrounding these facilities. Further, state and local governments must ensure program accessibility at these recreational areas.
Additionally, to make electronic and information technology accessible, the ADA encourages complying with Web Content Accessibility Guidelines (WCAG). These guidelines explain how to make web content more accessible to people with disabilities. Some of these guidelines include, but are not limited to, providing text alternatives for non-text content, captions or other alternatives for multimedia, create content that can be presented in different ways, give users proper time to read and use content, avoid using content that can cause seizures or physical reactions, assist users in navigating content, and make it easier to use inputs other than a keyboard, such as voice activation.
Understanding proper compliance with the ADA requirements and guidelines can be troublesome. It is helpful to utilize a professional to determine the best approach for your business to meet the ADA requirements. We encourage you to contact us if you are unsure you are in compliance..
[1] https://adata.org/publication/disability-law-handbook#The%20Americans%20with%20Disabilities%20Act:%20An%20Overview.