Violations of the Americans with Disabilities Act

The Americans with Disabilities Act (ADA) guarantees that people with disabilities have the ability to participate in everyday activities by requiring businesses of all sizes to make their facilities accessible. The Department of Justice (DOJ) can impose civil penalties for ADA violations. For first-time violations, the maximum penalty is $75,000, and for subsequent violations, it increases to $150,000. 

As a business owner it is your duty to keep current with all ADA requirements. ADA.gov and the California Commission on Disability Access (CCDA) are tools you can use regarding the most current issues impacting small businesses all over the country. Having this knowledge will help your business avoid fines and violations that expose your business to costly lawsuits.

The following are common ADA compliance problems¹:

• Parking lot accessibility: Businesses should provide a minimum number of handicap accessible parking spaces and loading zones to prevent someone from being blocked in. The parking space designated for this purpose must provide compliant signage, including signs that can’t be covered up by the snow (i.e., more than just paint on the ground).
• Accessible entry should be provided to your business, including routes to and from the parking lot to the entrance, entry doors and curbs from the accessible parking spots. Be sure to read the rules for appropriate signage regarding accessible entries as well. Examples of violations include stores with stairs only or doors with too high of a lip at the entrance.
• Access within a public facility is also an important standard that continues to appear on the list of violations. Be sure to measure the aisles or paths within your business for accessibility (all store aisles must be 36 inches wide) as well as the height of surfaces in your business such as counters, bars and tables.
• Bathroom accommodations include more than just sufficient space in stalls. Businesses should provide accessibility to a bathroom, accessible counters and light switches (including height and clearance).

What can your business do to ensure ADA compliance?

• Modify facilities to meet accessible design standards. When constructing or altering spaces, adhere to ADA guidelines for ramps, doorways, restrooms, and parking.
• Invest in training to educate employees about accommodating customers with disabilities. This includes effective communication and understanding reasonable accommodations.
• Offer equal opportunities to job applicants with disabilities during the hiring process. Make necessary adjustments to ensure fair treatment.
• Provide reasonable accommodations to employees with disabilities, such as assistive technology or flexible work arrangements.
• Communicate effectively with customers who have disabilities. This may involve using auxiliary aids or services, like sign language interpreters or written materials.
• Create a policy for service animals, allowing them to accompany customers with disabilities.
• Ensure your website is accessible by following ADA Title III guidelines. This includes providing alternative text for images, keyboard navigation, and other accessibility features.

How does the ADA apply to older buildings?

The ADA does not provide a “grandfather clause” for older buildings, which means that all private buildings providing public accommodation must be made accessible under the ADA guidelines. Businesses built before 1993 do have less strict requirements, however modifications are still required. Regardless of the age of your property, consulting with legal counsel is the best way to make sure you are fully compliant with the ADA guidelines.

While complying with the Americans with Disabilities Act (ADA) is a legal obligation and come with fines, it’s also a wise business decision. If a customer cannot enter your premises or use your website, you lost a customer.

The U.S. Department of Justice provides information about the ADA through a toll-free ADA Information Line 800-514-0301 or visit the ADA website.

Related resources

• Article: Powered mobility device safety
• Article: Service and emotional support animals

[1] archive.ada.gov/civiccommonprobs.htm