Does Your Business Have to Comply With the ADA?
ADA Titles I and IIIAlthough the ADA prohibits discrimination based on disability and requires reasonable accommodations in both the private and public sectors, Title I and Title III of the ADA are the ones most applicable to small private business owners. Title I of the ADA covers areas of private employment, and requires eligible businesses to provide employees with equal opportunity to enjoy privileges of employment. It also prohibits discrimination based on disability. Title III of the ADA focuses on private and public entities that are considered "public accommodations," and requires that businesses not discriminate against customers based on disability, including providing reasonable access. Still, for either of these titles, certain businesses may not have to comply with the ADA's standards.
Title I ComplianceThe ADA defines "employer" as any person:
- Engaged in an industry affecting commerce,
- Employing 15 or more full-time employees each working day,
- For at least 20 or more calendar weeks in the year.
Title III ComplianceAs far as Title III is concerned, only businesses considered "public accommodations" are required to comply. The federal law offers this non-exhaustive list of public accomodations:
- Inns, hotels, and motels
- Restaurants and bars
- Bakeries and grocery stores
- Hardware stores or any sales/retail outlet
- Laundromats and dry cleaners
- Accountants and lawyers' offices
- Health care providers' offices
- Public transportation
- Recreation venues
- Social service centers
- Find Business and Commercial Lawyers Near You (FindLaw's Lawyer Directory)
- Is Your Business ADA Compliant? (FindLaw's Free Enterprise)
- What Is a 'Disability' Under the ADA? (FindLaw's Law and Daily Life)
- Telecommuting? Not Always Under the Americans With Disabilities Act (FindLaw's U.S. Tenth Circuit Blog)
- ADA Access to Buildings and Businesses (Public Accommodations) - Overview (FindLaw)
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