ADA Compliance | DFW Bankruptcy Attorney

What does ADA compliance mean for businesses?

With the increasing reliance on technology for virtually everything in life, it is crucial that websites, mobile apps, online documents, and digital platforms be accessible and inclusive to all users.

Providing that accessibility is one of the purposes behind the Americans with Disabilities Act (ADA), a U.S. federal civil rights law that prohibits discrimination against individuals with disabilities and ensures they have equal rights and opportunities in all aspects of public life. In today's digital world, this includes online spaces as well. Failing to provide accessible digital content can result in legal action that can be devastating to your business.

So, what exactly does ADA compliance mean? What ADA regulations do you have to meet to comply with the ADA? We explain ADA compliance standards below and how an ADA-compliant site positively impacts your business.

ADA Title I and Title II compliance

Included in the ADA are five titles that cover various aspects of public life. The two that apply most directly to businesses are Title I and Title II:

Title I

Title I focuses on employment discrimination and protects the rights of individuals in all aspects of employment. This includes hiring, firing, promotions, job training, and other employment conditions. Additionally, employers must provide reasonable accommodations to individuals with disabilities so long as these accommodations do not impose undue hardship on the business.

Title II

Title II prohibits discrimination against individuals with disabilities in all goods and services, programs, activities, and information provided by state and local governments. This includes entities like public transportation, schools, libraries, healthcare facilities, and other government services. Under recent updates to Title II, these entities must ensure their facilities and digital content are accessible to people with disabilities.

Who is exempt from the ADA?

Similar to other civil rights laws, some businesses are exempt from ADA compliance. For instance, the ADA does not apply to private clubs, religious organizations, the federal government, and private, small businesses with fewer than 15 employees. However, even organizations exempt from ADA compliance should strive to provide an accessible experience as it fosters inclusivity.

What happens without ADA compliance?

Failing to comply with the ADA can lead to significant risks for businesses and organizations. These risks include:

Legal consequences: The most significant risk of non-compliance is accessibility lawsuits. Individuals with disabilities or the U.S. Department of Justice (DOJ) can file lawsuits against organizations that fail to provide an accessible experience. These lawsuits can lead to costly legal fees, settlements, or court-mandated changes to make their physical location or digital content accessible.
Fines and penalties: Most businesses found in violation of the ADA may face fines. For instance, the maximum fine for a first-time violation is $75,000, with subsequent violations costing up to $150,000. This is in addition to legal fees that businesses may incur, which can be tens of thousands of dollars.
Reputation damage: Failing to meet ADA standards can harm your business's reputation, as you may be seen as discriminatory towards individuals with disabilities. That negative reputation can quickly lead to losing customer trust and loyalty.
Loss of business: Inaccessible facilities or digital platforms alienate individuals with disabilities from accessing and potentially purchasing from you. With the disability community controlling roughly $13 trillion in disposable income, you could miss out on numerous sales opportunities.
Operational disruptions: If you are sued for non-compliance, you may be required to make changes (sometimes substantial ones) to your facility or digital content. This can disrupt your operations and result in unanticipated costs for renovations, website modifications, training, and more.

Adhering to ADA compliance standards helps you avoid legal risks and keep your reputation intact. Providing accessible physical facilities and digital spaces widens your audience reach, opening the door for new revenue opportunities and business growth.

ADA requirements for businesses

Now that you understand the risks of non-compliance, let's look at the requirements you must follow in your physical and online spaces to comply with the ADA.

Physical space requirements

The ADA requirements for physical accessibility focus on making buildings and facilities accessible to individuals with disabilities. The guidelines are included in the ADA Standards for Accessible Design and are designed to ensure public and commercial spaces can be accessed by people with various disabilities, including those with mobility, visual, auditory, or cognitive impairments.

Many physical buildings are not accessible to individuals with disabilities for numerous reasons. For example, buildings with stairs leading to the main entrance with no ramp or alternate accessible entry prevent those with mobility disabilities from accessing the building easily or at all. Lack of accessible parking or signage can also make it difficult for individuals with disabilities to access a public building easily.

To ensure equal access to public spaces, particularly for people with disabilities, the ADA mandates that buildings include:

Accessible entrances: At least one accessible entrance, such as a wheelchair ramp, with a clear, accessible route into the building.
Doorways: Doorways wide enough to accommodate individuals in wheelchairs; automatic doors provided wherever possible.
Elevators: Elevators in multi-floor facilities with tactile buttons and audio indicators.
Parking: Designated accessible parking spaces close to the entrance, wider to accommodate ramps or lifts.
Restrooms: Wider stalls, grab bars, and enough space for wheelchair maneuverability; sinks and hand dryers at accessible heights.
Signage: Braille or raised characters and large print for key areas like restrooms and exits.
Service desks: Lowered counters with clear knee space to accommodate wheelchair users.
Service animals: Facilities must accommodate service animals.

Digital spaces requirements

As the world has become more digital, the DOJ recognized the need to extend accessibility standards to online spaces to ensure individuals with disabilities have equal access to the internet. Accessible spaces help promote inclusivity and equal opportunities while helping you comply with legal standards, expand your audience reach, and provide a better user experience.

While the ADA itself does not include specific guidelines for web accessibility, it enforces the accessibility standards outlined in the Web Content Accessibility Guidelines (WCAG), specifically WCAG 2.1 Level AA. Designed around four key principles (POUR), the WCAG guidelines help eliminate barriers that hinder individuals with disabilities from easily accessing or using online content.

Some of these accessibility barriers include:

Visual barriers: Lack of alt text for images, poor color contrast between text and other web elements, or missing captions or transcripts for multimedia content can make it difficult for users with visual impairments (including blindness, low vision, or color blindness) to perceive information.
Auditory barriers: Videos or audio content that do not include captions or transcripts exclude those who are deaf or hard of hearing from interacting with information.
Motor barriers: Website navigation that relies too heavily on mouse interaction can create challenges for those who use adaptive devices, such as keyboard-only navigation or voice commands.
Cognitive barriers: Complex language, indistinguishable fonts, cluttered layouts, or unclear instructions can create challenges for individuals with cognitive disabilities, such as dyslexia, ADHD, autism, or traumatic brain injuries, from easily comprehending or navigating content.
Technical barriers: Digital content that is not compatible with assistive technologies, including screen readers or text-to-speech software, can prevent users from accessing content.

For effective barrier removal, it is critical to conduct regular accessibility assessments. Using tools like a web accessibility checker can provide a high-level overview of how accessible your existing digital content is and where improvements need to be made. Following accessible web design best practices helps you build accessibility into your digital content from the very start, improving the user experience for all.

For a more comprehensive list of ADA requirements, ask our team for our ADA compliance checklist.

Questions or accessibility support

If you have questions about accessibility or need assistance using our site, please contact us and we will work with you to provide the information or services you need.