You signed the lease, bought the merchandise, hired the employees, and spread the word. Congratulations! You are now ready for customers! The question is, can you accommodate all customers? One detail that is often overlooked between the myriad tasks needed to launch and run a new business is whether it is in full ADA compliance.

ADA, the Americans with Disabilities Act, was passed to ensure that businesses will not discriminate against customers and employees due to their disabilities. The EEOC, Equal Employment Opportunity Commission, lists the eligible disabilities included in this act. Businesses need to make reasonable accommodations (a vague term in the law) for those whose disabilities qualify under the law for protection.

Does Your Business Need to be ADA Compliant? 

Not all businesses are required to comply with ADA regulations. If you do not meet the following requirements, your business may be exempt from being in ADA compliance.

• Employ 15 or more full-time employees.
• Open for 20 or more weeks a year.
• You are not in an exempt category such as a religious organization, private membership, or a Native American group recognized by the government. , 
• You are a business open to the public, including retail stores, restaurants and cafes, medical offices, entertainment venues, hotels.
• You service the public, such as a public park, rest area, school, or stadium.

What Does ADA Compliance Entail?

As with most business regulations, there are many intricacies involving the ADA regulations. 

We suggest you consult with a disability lawyer to ensure your business is fully covered. The following are some areas that you will need to address:

1. Parking lots – If you have a parking lot available to your customers or the public, there should be handicap parking available. These special spots need to be close to your business’s entrance and be wide enough to fit a specialty van with a wheelchair lift. 
2. Entrances – Is your business wheelchair-accessible? To gain ADA compliance, people in wheelchairs and other walking aids must be able to enter. If your entrance is not on ground-level, there should be a ramp, elevator, or stairlift available. Ensure that it is possible to operate the doors from a lower height and a person who uses a wheelchair can reach them.
3. Layout – Can a wheelchair navigate inside your building through the doorways and aisles? Ensure your floor plan has wide enough spaces and there isn’t any furniture or obstructions impeding access. 
4. Restrooms – If your restroom is open to the public or if your company has more than 15 employees, there should be at least one stall in ADA compliance. The door must be wide enough to accommodate a wheelchair, the stall fitted with handrails, and the toilet should be at the ADA-mandated height. At least one sink must be wheelchair-accessible and installed at the proper height.
5. Service animals – Although you might not allow pets into your facilities, ADA compliance means that you may need to allow service animals such as a seeing-eye-dog for a visually impaired person.
6. Signs – Everyone should be able to read your signage and safety information. You may need to add braille writing to your signs.
7. Websites – Interestingly enough, your website may need to be in ADA compliance too! The law ensures that those with disabilities will be able to read blogs, shop online, and access all the public information. Some ways that a website can be compliant are:

• Making all non-textual information on your website also available in text-only format 
• Having captions and transcript of audio and video recordings
• Allowing audio and video clips to be paused
• Website navigation available by using keyboard shortcuts and not limited to using the mouse
• Following specific guidelines in using flashing colors to prevent the risk of seizures for those suffering from epilepsy
• Being compatible with screen readers

ADA Compliance for Employees

The ADA protects employees with qualifying disabilities, including the hearing and visually impaired. Businesses do not need to extend significant expenses or adjustments to accommodate employees with disabilities, but reasonable adjustments are expected. 

Examples of reasonable accommodations for employees with disabilities can be: adjusting their work shifts if they can take a few short breaks instead of one larger lunch break, providing more lighting to their workspace, or an adjustable chair and workspace.

1. An employee cannot be discriminated against getting a job if they are fully qualified to perform all the required duties. If an applicant or employee cannot fulfill the job requirements, or if their disability poses a safety hazard to their work environment, their job is not protected under ADA.
2. Employers cannot discriminate against employees with disabilities by giving them a lower salary or withholding promotions or benefits. Employees do have a right to sue for wrongful termination.
3. Employers do not have to provide special accommodations if it causes undue hardship for the company. If it is too expensive or too complicated to implement, you do not need to provide the accommodations and will still be in ADA compliance.
4. Not all disabilities are obvious or visible. If an employee discloses a disability to you, you will need to make the necessary accommodations if they are within reason.
5. The FMLA, Family Medical Leave Act, protects employees under specific medical circumstances, such as pregnancy or who have had a new baby. These employees cannot be fired due to their circumstances and may take a leave of absence from work without losing their job. 
6. Keep a record of the measures you took to accommodate a potential discrimination concern. If a job applicant or employee files a complaint or legal action claiming discrimination over a disability, you will be able to show proof that you were willing to take steps to accommodate them.

Staying Compliant

The requirements may sound overwhelming, but a competent lawyer or ADA expert will guide you to ensure that your business is in ADA compliance. 

The last thing your business needs is a lawsuit from a customer or employee claiming discrimination under the Americans with Disabilities act. 

Here are three simple solutions to become compliant:

• Start with becoming as compliant as possible when you build the website (use accessible themes, and best WCAG practices).
• Test for your user experience using LightHouse and UserTesting
• If your website is hosted on WordPress, use web accessibility solution accessiBe (works on other CMSes as well) 

Being in ADA compliance is also great for customer service. When customers with disabilities feel welcomed and accommodated, business will follow.