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Understanding ADA Guidelines as a New Business Owner

Posted on in Hiring Employees

ADA Guidelines, business owners, Arlington Heights business lawyerIn 1990, the U.S. Congress passed a historic bill into law that would forever change business: the Americans with Disabilities Act (ADA). This law effectively enforces the civil rights and needs of people with disabilities. Before this law passed, horror stories existed of inaccessible mobility for those bound to wheelchairs. Unfortunately, some people were forced to get out of their wheelchairs and crawl up stairs to school houses and courtrooms. Buses also used to be inaccessible because there were no lifts available. Furthermore, grocery shopping was nearly impossible without someone tagging along to assist, as shelves were stocked to the ceiling. 

Since the passing of the ADA laws, life has become a bit easier for disabled customers and employees, and business owners are often happy to comply with ADA guidelines. However, sometimes new businesses may not realize the extent of the Americans with Disabilities Act policies and have trouble conforming.

Basics of ADA Laws

A few of simple guidelines of the Americans with Disabilities Act are as follows:

  • Not everyone must comply, only those with 15 or more employees, employment agencies, labor organizations, and joint labor-management committees.
  • Title 1 protects qualified individuals with disabilities meaning that the individual satisfies the skill, experience, education, and other job-related requirements of the position sought or held, and can perform the primary job tasks of the position, with or without reasonable accommodation. Essentially, if he or she can perform the duties asked despite their physical or mental disability, even if they need reasonable accommodation, then they can still be hired. If you do not hire the person, then you must be able to prove that is was not due to their handicap.
  • Reasonable accommodation means a modification or adjustment to a job, the work environment, or the way things usually are done that enables a qualified individual with a disability to enjoy an equal employment opportunity.

Enforcement of Guidelines

The ADA guidelines affect nearly every aspect of business operations. They prohibit discrimination during employment, accessibility to public services, public accommodations as well as telecommunications. They are extensive and require intricate attention to detail. Due to the broad-reaching scope of the laws, it is a necessity to have multiple departments to assist in enforcement. While the Department of Labor has an office called the Office of Disability Employment Policy (ODEP) is responsible for the publications and assistance with the technicalities of the law, it is not the department responsible for enforcing any of the ADA laws.

The departments responsible for the enforcement of ADA guidelines include:

  • The Equal Employment Opportunity Commission (EEOC) enforces regulations covering employment
  • The Department of Transportation enforces regulations governing transit,
  • The Federal Communications Commission (FCC) enforces regulations covering telecommunication services.
  • The Department of Justice enforces regulations governing public accommodations and state and local government services.
  • The Architectural and Transportation Barriers Compliance Board (ATBCB), also known as the Access Board, issues guidelines to ensure that buildings, facilities, and transit vehicles are accessible and usable by people with disabilities.

If you are starting a new business and are concerned about complying with ADA guidelines, it is beneficial to seek the assistance of an experienced attorney. With a more in-depth knowledge of the law, a skilled business lawyer can help you avoid conflicts in the future. If you would like to speak to an Arlington Heights business law attorney, contact A. Traub & Associates today at one of our three convenient locations in Arlington Heights, Lombard, and Chicago. Call 847-749-4182 today.

Sources:

http://www.ada.gov/
https://www.eeoc.gov/eeoc/history/35th/1990s/ada.html
https://www.dol.gov/general/topic/disability/ada

 

Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners
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