The Americans with Disabilities Act, also known as the ADA, was signed in by George Bush in 1990. The act is aimed at guaranteeing accessibility for people living with various forms of disabilities by providing public and private businesses with specific compliance guidelines.
Over 42 million people (1) in the United States are currently living with some form of disability. The ADA prohibits discrimination against them and requires businesses to provide inclusive access to public accommodations.
When the ADA refers to businesses, it includes restaurants, motels, retail stores, schools, doctor’s offices and hospitals, gyms, educational institutions, commercial facilities, and more. No public or private organizations are excluded.
Overall, the ADA ensures that people with disabilities can fully participate in all areas of life, and businesses that do not comply are subject to fines, lawsuits, and other penalties.
Businesses can be fined up to $75,000 (2) for any given ADA violation, with additional violations attracting fines of up to $150,000.
Over and above the financial and legal implications of non-compliance, businesses have a social responsibility to ensure accessibility for all people.
This guide aims to unpack the steps businesses need to take to comply with the latest ADA guidelines. You can also access an easy-to-use PDF checklist at the end of this guide.
In order to comply with the ADA, there are several key areas that both physical and online businesses should focus on.
If your business has a physical location, it needs to be wheelchair accessible.
Roughly 39 million Americans (3) have a motor impairment such as a spinal cord injury or muscular dystrophy and have serious difficulty walking and climbing stairs, necessitating the need for a wheelchair or other mobility aids.
Wheelchair accessibility is essential for complying with ADA requirements because it ensures that people with mobility impairments can access and navigate buildings, facilities, transportation, and public spaces on an equal basis with others.
By providing wheelchair-accessible features such as ramps, elevators, wider doorways, and accessible restrooms, businesses promote inclusivity and make it possible for those with disabilities to fully participate in society.
The ADA has several wheelchair accessibility requirements for government buildings, businesses, transportation services, and places of public accommodation.
Complying with wheelchair accessibility requirements not only means giving people easy access to your building or transport facility but also the ability to perform a 360-degree turn. A wheelchair typically requires a circular space with a diameter of at least 60 inches (152.4 cm). This space allows a wheelchair user to maneuver comfortably without any obstructions.
In terms of wheelchair ramps, these are the specifications that need to be met:
Title III of the ADA covers places of public accommodation, which include a wide range of businesses such as restaurants, hotels, theaters, retail stores, and other establishments that offer goods or services to the public.
With the advancement of technology, courts have extended the definition of public accommodations to include websites and digital platforms that provide goods and services to the public.
Courts have recognized that inaccessible websites can exclude people with disabilities from accessing goods and services offered by online businesses. This is particularly relevant for people with visual, auditory, motor, or cognitive disabilities who may encounter barriers when using websites that are not designed with accessibility in mind.
While the ADA itself does not explicitly mention websites, courts have interpreted Title III to apply to websites and digital platforms under the theory that they are places of public accommodation. This interpretation has led to a number of legal challenges and lawsuits against businesses and organizations whose websites are inaccessible to people with disabilities.
To comply with ADA Title III, websites should be designed and developed with accessibility in mind. The Website Content Accessibility Guidelines (WCAG) plays an important role in ADA compliance for websites and outlines many of the requirements that website owners need to meet in order to achieve either Level A, Level AA, or Level AAA compliance.
Some of these requirements include:
Business owners will be pleased to know that ADA tax credits apply to modifications made to online platforms in an effort to comply with the latest standards.
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The ADA also outlines requirements for accessible parking spaces (4) to cater to people with motor impairments. This includes people with spinal cord injuries, cerebral palsy, multiple sclerosis, and amputations.
There are several ADA requirements for parking that businesses need to meet:
These ADA requirements aim to ensure that your customers and employees with disabilities have equal access to your parking facilities and feel more welcome at your place of business.
It’s important for businesses to adhere to these requirements as closely as possible to not only ensure full compliance, but also limit the loss of additional parking spaces and the accumulation of unnecessary modification costs.
Consider whether increasing the dimensions of accessible parking spaces will truly benefit disabled users before you go ahead with the modifications.
Discrimination prevention is at the heart of the Americans with Disabilities Act (ADA), and businesses that discriminate against customers or employees with disabilities can face legal action.
Title I of the ADA prohibits employers with 15 or more employees from discriminating against qualified people with disabilities in all areas of employment, including hiring, promotion, job assignments, termination, and compensation. Employers are required to provide reasonable accommodations to qualified employees with disabilities, unless doing so would have severe negative effects on their business.
Title II of the ADA is specifically linked to state and local governments, which need to ensure that their programs, services, and activities are accessible to people with disabilities and provide reasonable modifications or accommodations when necessary.
Title III of the ADA prohibits discrimination on the basis of disability by places of public accommodation, such as restaurants, hotels, theaters, retail stores, healthcare facilities, and other businesses that are open to the public. Businesses must ensure that their facilities, goods, services, and communications are accessible to the disabled community.
Without even realizing it, businesses can discriminate against people with disabilities through policies, practices, or attitudes that create barriers to equal access and opportunities. Here are some things to pay attention to, to avoid this:
To avoid unintentional discrimination and promote inclusivity, businesses should proactively assess their policies, practices, and physical environments to identify and remove barriers to access and improve participation for anyone with disabilities.
Here are some suggestions for adjustments that businesses can make to their internal policies:
The ADA defines a service animal as a dog that has been trained to perform tasks or work for a disabled person. The tasks must be directly related to the person’s disability.
There are no restrictions in terms of the type of disability that a service animal can be used for. Service animals can be trained to assist people with physical disabilities, sensory impairments (such as blindness or deafness), psychiatric disabilities, seizure disorders, and other disabilities.
You may have noticed that service dogs are not the only type of animals used by the disabled community. Some jurisdictions or local laws have provisions that permit other types of service animals besides dogs. These may include animals such as trained miniature horses, monkeys, pigs, or birds.
However, the ADA specifically excludes animals other than dogs from its definition of service animals. This means businesses are not required to accommodate other types of animals as service animals under federal law. Emotional support animals (ESAs) are also not considered service animals under the ADA.
People with disabilities who use service animals are entitled to bring their companions into most public places, including restaurants, hotels, stores, theaters, hospitals, and transportation services. Businesses and organizations covered by the ADA must allow service animals to accompany their handlers into these areas, even if pets are normally prohibited on the premises.
Here are a few other requirements to be aware of:
Another important aspect of ADA compliance is staff training. Employees should fully understand the importance of the ADA and how your business policies are structured around it.
ADA training raises awareness about the rights of people with disabilities and the legal obligations of businesses to provide equal access and opportunities. It helps employees understand the importance of accessibility and inclusivity in creating a barrier-free environment for everyone.
By understanding ADA requirements and implementing the appropriate policies, practices, and accommodations, businesses can reduce the likelihood of discrimination complaints, lawsuits, fines, and penalties.
The ADA Training and Certification Program (5) is highly recommended for ADA coordinators within your business. The ACTCP certification verifies that participants have completed their training in the required areas and have an in-depth knowledge of ADA issues.
Overall, ADA training is an ongoing process that allows your business to stay informed about updates, changes, and best practices related to ADA compliance. It encourages continuous improvement and commitment to creating accessible and inclusive environments for the disabled community.
It’s important to note that ADA training may vary depending on an employee’s position and responsibilities within your organization. Tailoring your ADA training to different employee positions ensures that people receive relevant information and guidance related to their specific roles and interactions with customers, coworkers, and stakeholders.
For example, what should a cashier do differently when engaging with a customer with physical or cognitive disabilities? What facilities are available within your business that will allow them to carry out their duties as effectively when servicing a disabled customer?
The same applies to an HR manager. Would a new HR manager be aware of the accommodations that need to be made for disabled employees? Are there policies in place in terms of your hiring processes that cater to the needs of disabled candidates?
It’s essential for your business to integrate ADA training with other laws such as the Family and Medical Leave Act (FMLA) to ensure accessibility is taken into account from every angle.
Here are some tips that can help and can easily be applied to other laws that are relevant within your business:
Once a disabled person reaches your business entrance, there are additional requirements that need to be met.
Accessible entrances provide people with disabilities, including those who use mobility aids such as wheelchairs or walkers, with the ability to enter and exit buildings more independently. This promotes equality and ensures that people with disabilities are not excluded from accessing goods, services, and facilities that are available to the general public.
Here are the key ADA requirements for doors (6):
It should also be noted that accessible entrances must remain unlocked during business hours to ensure that people with disabilities always have equal access to buildings, facilities, and services.
Businesses that run restaurants, cafes, and bars must ensure that their tables are accessible to people with disabilities to comply with the Americans with Disabilities Act (ADA) Standards for Accessible Design.
When tables are attached to the wall or floor, 5% of the tables or at least one (if less than 20 are provided) must be accessible.
You should also arrange fixed tables and seating in a layout that maximizes space and allows for comfortable navigation and interaction. Avoid overcrowding or clustering tables too closely together, as this can restrict movement and accessibility.
It also helps to provide companion seating options at accessible tables to accommodate individuals who may require assistance or support from a companion or caregiver.
Here are some of the other key requirements for making tables accessible:
There are also requirements for service counters that need to be met to comply with ADA accessibility standards:
By ensuring that your tables meet these ADA requirements, you can provide equal access and opportunities for customers and employees with disabilities to dine, socialize, and participate.
The ADA Standards for Accessible Design (7) outline specific requirements for buildings and facilities to be physically accessible to people with disabilities.
Federal ADA regulations require all new construction of public accommodations to comply with the 2010 Americans with Disabilities Act (ADA) Standards. These accommodations can be commercial facilities, public buildings, or government facilities.
New construction refers to buildings, facilities, or structures that are being constructed or built for the first time. This includes entirely new buildings but also encompasses additions to existing structures and alterations or renovations that involve significant changes or expansions to a building.
Ensuring facility infrastructure accessibility compliance benefits people with a range of disabilities but is most beneficial to those with motor impairments.
Many of these requirements have already been outlined in previous sections, but here is a full summary of the standards that businesses with physical locations are expected to meet when pursuing new construction:
The government understands that there are often significant costs associated with making physical improvements to buildings and facilities to ensure accessibility for people with disabilities.
Fortunately, tax credits and deductions (8) can help offset some of these expenses, making it more feasible for businesses to invest in accessibility upgrades.
Disabled Access Credit is available to eligible small businesses that have incurred expenses to comply with the ADA. The credit covers 50% of eligible expenses between $250 and $10,250 in a tax year, with a maximum credit of $5,000 per year.
These figures apply to businesses with total revenues of $1,000,000 or less in the previous tax year or 30 or fewer full-time employees. Eligible expenses may include the cost of providing accessible entrances, parking spaces, ramps, signage, and other accessibility features.
If compliance costs exceed $10,250, the additional costs will be for the business’s own account. However, when compared to the cost of accessibility penalties and lawsuits, the extra costs are worth achieving compliance status.
Businesses may also qualify for a tax deduction of up to $15,000 per year for expenses related to removing architectural or transportation barriers that prevent people with disabilities from accessing their facilities.
Public transportation providers can also benefit from tax deductions of up to $25,000 per year for expenses related to removing transportation barriers that prevent people with disabilities from accessing their services. Eligible expenses may include the cost of modifying vehicles, stations, platforms, and other facilities to improve accessibility.
The Work Opportunity Tax Credit provides a tax credit to businesses that hire people from certain groups, including the disabled community. Businesses can claim a tax credit ranging from $1,200 to $9,600 per qualified employee, depending on the employee’s hours worked and wages earned during their first year of employment.
In addition to federal tax incentives, businesses may be eligible for state or local tax credits, deductions, grants, or incentives to support their ADA compliance efforts. These incentives vary by jurisdiction and may include property tax exemptions, sales tax exemptions, and financial assistance programs for accessibility improvements.
How your business communicates with people who have visual, hearing, and speech impairments also matters when it comes to ADA compliance.
Effective communication with customers with disabilities promotes accessibility, shows understanding, and helps businesses meet the diverse needs of their clientele.
By engaging in meaningful communication with customers with disabilities, businesses demonstrate their commitment to customer service, inclusivity, and accessibility. Positive interactions have the power to enhance customer satisfaction and loyalty.
The ADA requires businesses to provide effective communication and auxiliary aids and services to customers with disabilities, including those with vision, hearing, and speech impairments. Failure to effectively communicate with customers with disabilities can result in legal action.
Here are a few ways that businesses can make it easier for customers to provide feedback on products and services:
A number of users with visual impairments will be accessing your website and as mentioned, providing alternatives for non-text content is an important part of ADA compliance. However, does this also apply to elements such as logos?
According to the Website Content Accessibility Guidelines (WCAG), images, including logos, should have alternative text. This requirement caters to website visitors with vision impairments and those who use screen readers to access digital content.
Alt text serves several purposes:
Alt text should be concise, clear, and relevant to the context of the web page or content where the logo appears. Additionally, alt text should be implemented using proper HTML markup to ensure compatibility with assistive technologies and compliance with web accessibility standards.
When looking at image accessibility, it’s important to first distinguish between print and web images.
The main difference between printed images and web images for ADA compliance lies in the way they are accessed and consumed by individuals with disabilities, particularly those who rely on assistive technologies for accessing digital content.
Here are some key distinctions:
According to the Website Content Accessibility Guidelines, most images on your website should have alternative text. Adding alt text to your images provides website visitors who rely on assistive technology with more context, ensuring you’re painting a complete picture of your content.
It’s important to remember that assistive technology such as screen readers read out alt text to users, which is why the text should be clear and descriptive. If no alt text is present, a screen reader may read out the file name of an image, creating a confusing experience for visitors.
Alt text is only required for important images though. If images are simply used for decorative purposes and aren’t related to the content on a page, you can make use of a blank alternative text tag in your HTML. A blank alt text is written as alt=”” with no space between the set of quotes.
What’s important is that an alt tag exists, whether it’s blank or not. This way, screen readers are either reading the alternative text or skipping over the image.
Color contrast also needs to be considered with image accessibility. Avoid using color combinations that may be difficult for users with low vision or colorblindness to discern. It’s best to steer clear of red-green color combinations as well as color combinations with similar hues or shades.
Overly bright or vibrant color combinations can also cause discomfort or visual fatigue for users, particularly those with sensory sensitivities or photosensitivity.
When incorporating images or graphics into your site’s design, ensure that text or other essential content overlaid on top of images has the correct color contrast ratio for readability. Avoid using images or backgrounds that obscure or diminish the legibility of text or important visual elements.
In terms of image formats, the following formats are considered to be accessible:
The ADA has a significant number of requirements that must be met when running a physical or online business.
However, by failing to comply with the latest ADA standards, not only are you isolating a number of customers and employees, but you’re also leaving your business vulnerable to costly lawsuits and penalties.
Businesses should take advantage of the tax credits and deductions that are available to offset some of the costs associated with ADA compliance if budget is a concern. In terms of effort though, complying with these standards is a worthwhile investment in the longevity of your business and will ensure you are doing your part to create a more inclusive society for all.
You can download your ADA Requirements and Compliance for Businesses Checklist here.
We continuously update this checklist to ensure your site is complying with the latest requirements. The latest version was updated in 2024.
An ADA requirement is any one of the standards outlined in the Americans with Disabilities Act that businesses need to comply with.
The ADA requires businesses to provide reasonable accommodations to ensure equal access and opportunities for people with disabilities. This can include things like wheelchair ramps, accessible restrooms, braille signage, and other modifications to make facilities and services accessible to the disabled community.
It’s quite challenging to make a website 100% compliant with ADA web accessibility standards. No website will ever be 100% accessible to users.
However, it’s possible to come close by making a reasonable effort to comply with most WCAG requirements. Making web accessibility an ongoing, long-term priority can also help businesses avoid costly penalties and accessibility-related lawsuits.
Any websites that provide products, services, and information to the public are required to be ADA compliant. This includes business, government, healthcare, education, employment, and eCommerce websites.