Are you a storeowner? Do you manage a restaurant? Many places are legally required to make reasonable changes to their property and business operations avoid discriminating against certain people.
Government offices, businesses and other places open to the public are required by the Americans with Disabilities Act to make sure disabled persons have full and equal access to their property, goods and services.
Public Accommodations
Private companies serving the general public by providing goods or services or "public accommodations" may not discriminate against customers or patrons based on their disabilities. There are hundreds of operations open to the public covered by this general rule. Some examples include:
- Restaurants
- Hotels
- Theaters
- Doctors' and lawyers' offices
- Pharmacies
- Retail stores, supermarkets and shopping malls
- Museums
- Libraries
- Parks
- Health clubs
- Cruise lines
- Private schools and day-care centers
Private clubs and religious organizations do not have to make sure disabled persons have equal access to and full use of their property or services. Your local zoning laws can help makes you aware of any special permits needed to make adjustments to your business.
Making Changes to Help the Disabled
There are many different changes that can be made to make a public area more accessible. Some examples include:
- Building special ramps or bus lifts
- Enlarging doorways and hallways to accommodate wheelchairs
- Redesigning seating and parking spaces
- Installing listening devices and Braille signs
- Having visual fire alarms
- Enlarging bathroom stalls and installing grab bars
- Making sure walks and entrances are level
Helping the Hearing Impaired
Hearing aids and services may be required for customers and patrons with hearing loss to help them communicate with workers and staff. Examples of aids include:
- Assistive listening systems and devices
- Qualified interpreters
- Open and closed captions
- Telecommunication devices for the deaf (TDDs)
No Barriers Allowed
As a general rule, businesses are required to remove physical barriers that make it difficult for a handicapped or disabled person to access the property or enjoy its goods or services. Barriers include narrow entry doors, round door knobs and handles and crowded or narrow checkout areas.
Removing a barrier may not be required, however, if it's too difficult or expensive to so. Alternative methods of providing the services may be offered if they're cost effective and can be put into place quickly. For example, a business may not be able to reconfigure stairs so that a blind person doesn't accidentally hit his head. However, the business might have an employee escort the blind patron when using the steps.
Rules for New Construction & Remodeling
All new public construction must be made accessible. This includes commercial structures, such as office buildings and grocery stores.
A business must be careful in making remodeling alterations to public areas. It must provide an accessible route to key areas. These areas include bathrooms, telephones and drinking fountains. However, the business doesn't have to pay an unreasonable amount to make such changes.
Transportation & Common Carriers
Businesses offering transportation services must provide equal service for disabled persons. An example is a hotel with a shuttle service to area attractions or shopping facilities. The hotel must make sure individuals with disabilities will also be able to use the service.
Airplanes
The Air Carrier Access Act (ACAA) bars airlines from discriminating against individuals with disabilities. Usually, an airline can't require a disabled person to travel with an attendant. An exception is when the impairment or disability is so severe that the passenger can't evacuate or exit the plane without help from someone else.
Also, an airline can require 48 hours notice and advance check-in. This is only for accommodations that require advance preparation. Examples include:
- An electric wheelchair on an aircraft with fewer than 60 seats
- 10 or more disabled passengers traveling as a group
Buses
Public buses are required to accommodate disabled passengers. New public buses ordered since 1990 must be accessible. Charter bus companies must provide some accessible buses, but not all of their buses have to be accessible.
Transit authorities sometimes must provide special services for people who can't use fixed route bus services. This may include shared curb-to-curb services or other transportation. However, services like these aren't required if providing them would be too expensive.
Trains
Trains are also required to accommodate disabled individuals. Rail cars ordered since 1990 must be accessible. Existing rail systems must have at least one accessible car per train.
Stations & Airports
Like any other public or government-owned building, new airports and bus and train stations must be built with accessibility features for handicapped and disabled individuals. Remodeling projects at airports and bus and train stations also must include accessibility features and barrier removal whenever possible.
Next: Take action if a business isn't accessible