Additional ADA Tips
The best of the rest
Playbook
Making sure your business doesn’t discriminate
This tool talks about concepts and requirements from Title III of the Americans with Disabilities Act (ADA) as well as from Title V. They are important for a business to know about so it does not accidentally discriminate against individuals with disabilities.
My brother’s keeper?
You probably already know that under the ADA, it is illegal to discriminate against a person with a disability. However, it is also important to realize that a business cannot discriminate against a person because they are associated with or have a relationship with a person with a disability. When this happens, it is often because assumptions are made. For example, Jake’s brother, Nick, has Tourette Syndrome. A local movie theater decides to not admit Nick and Jake on the basis that Nick may ruin other movie-goers’ experiences. The theater is discriminating against Nick based on his disability, but against Jake based on his relationship with Nick.
The ADA also prohibits a business from retaliating against or coercing a person who has filed an ADA discrimination complaint with the Department of Justice (DOJ) against the business. This requirement is meant to protect the person with a disability and/or their associates/advocates in exercising the rights granted by the law.
What’s the reason for this?
The spirit of the ADA is equal access and equal opportunity. Under Title III, a business cannot have eligibility criteria that would tend to screen out people with disabilities. In other words, a business must be careful not to have a policy that would deny access to an individual with a disability or tend to exclude a person just because of that person’s disability.
An example of this would be to require a driver’s license for a transaction when, in fact, what is needed is a form of identification. Accepting a state issued ID would meet the same requirement while not excluding individuals who cannot drive due to a disability.
What’s in stock?
Under Title III, businesses are not required to carry accessible or special products. (An accessible or special product is specially designed for, or easier to use by, people with disabilities). This means that a business may carry accessible products, but the ADA does not require it. For example, a restaurant is not required to offer gluten-free food for those with celiac disease, but the business may want to give this choice in order to increase their potential customer base.
Note that a business does not need to provide personal services or devices to a customer with a disability that are not a part of its regular goods and services. For example, many supermarkets offer motorized carts to shoppers with mobility disabilities. While this is an inviting customer practice, it is not required by the ADA. An individual is expected to provide their own personal use device in order to access goods and services.
What about my website?
Today, most businesses have a website and internet presence. Just like a business’s physical building, a business’s website must be accessible to and usable by people with disabilities, including those who use assistive technology.
“…the Department has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”
—Guidance on Web Accessibility and the ADA, Department of Justice
To be accessible, a website must be created and maintained with accessibility in mind. Potential barriers to people using assistive technology need to be eliminated. And, a person with a disability must be able to use the entire website, including the services or processes on the site.
As of 2024, there are no official ADA Title III regulations for the web. However, the Department of Justice recommends using models of accessibility such as the Web Content Accessibility Guidelines or the Section 508 Standards for federal government websites. Your regional ADA Center can provide more in-depth details about this important topic.
Rolling through the door
When considering how your customers will get around in your space, be aware of the many ways that people move from point to point. For people with mobility disabilities using wheelchairs (both manual and electric), walkers, crutches, support canes, and so on, a business must provide an accessible route of travel to wherever the public is allowed to go.
Title III recognizes that some other power-driven mobility devices (OPMDs) are not primarily intended specifically for people with disabilities. Examples include golf carts, Segways®, and all-terrain vehicles (ATVs). Unlike wheelchairs and other manually powered mobility aids, a business may prohibit OPMDs if they cannot be operated safely in the business’s space. To decide whether to allow OPMDs, a business should refer to the Mobility Devices page at ADA.gov.
Doing things safe and right
Safety is a legitimate concern for any business. When it comes to the participation of people with disabilities, be careful not to make decisions based on assumptions or without facts.
The ADA does permit a business to exclude a person with a disability from an activity if they pose a direct threat to the health or safety of others. However, the business must consider if the risk or threat can be reduced by reasonable modification or by providing auxiliary aids or services (see Tool 7: Communicating Effectively with Customers). The assessment must be based on facts and not stereotypes, and take into account the activity as well as the individual’s actual ability and disability.
Legitimate safety requirements are permitted under the ADA. As with considering a direct threat, a business must make safety requirements based on real risk and not speculation. For example, a kayak business mandates that all individuals and dogs in their boats wear life vests while on the water. Some individuals with disabilities would like to bring their service animals in the kayaks. The business can require both the handler and the service animal to wear a life vest when kayaking. If an individual refused to have their service dog wear a life vest, then that service animal would not need to be allowed in the boat because of the real risk of the kayak capsizing.
Learning and passing on the word
In this toolkit, we have tried to lay out the most important things to know if you operate a small business. Even so, you probably have questions or want to learn more about a topic. You can contact your regional ADA Center to have your ADA question answered and find out more.
Remember, too, that good policies and practices are helpful, but the people who work directly with customers must know those policies. Everyone in a business—from the owner, to management, to frontline staff—should know about the ADA. They should also know about communicating and working with customers with disabilities respectfully, and why this makes for good business.
Your regional ADA Center offers training on these and related topics. The ADA National Network has online courses and webinars that are often free and open to the public.