ADA Compliance for Georgia Businesses: How to Ensure Accessibility and Avoid Lawsuits
As a Georgia business owner, ensuring your establishment is accessible to individuals with disabilities is more than just a legal obligation—it’s also good business practice. Non-compliance with the Americans with Disabilities Act (ADA) can result in costly lawsuits and reputational harm. Here's how you can safeguard your business.
Why Is ADA Compliance Important?
The ADA mandates that all public-facing businesses provide reasonable accommodations for people with disabilities. This includes accessible entrances, restrooms, and services. The law extends to both physical accessibility and online services, such as ensuring your website is usable by people with visual impairments.
How Does ADA Compliance Impact Your Business?
If a customer with a disability is unable to access your services, they can file a complaint or lawsuit under the ADA. In Georgia, we’ve seen an increase in "drive-by" lawsuits where plaintiffs file lawsuits without even trying to access the business.
How to Ensure ADA Compliance
• Physical Accessibility: Your business should have accessible parking, ramps, doorways, and bathrooms. Ensure that your premises meet the necessary standards for wheelchair access.
• Website Accessibility: Your website should be designed so that it’s navigable by people using screen readers or other assistive technologies. The WCAG guidelines provide detailed standards for online accessibility.
• Employee Training: Train your employees to understand and accommodate customers with disabilities, whether it's offering additional assistance or providing alternative ways to access your services.
How ADA Compliance Applies to Employees
While many businesses focus on ADA compliance in terms of accessibility for customers, it's equally important to understand how the law applies to your employees.
What Does ADA Employment Protection Cover?
Under the ADA, businesses with 15 or more employees are required to provide equal employment opportunities to qualified individuals with disabilities. This includes:
• Non-Discrimination in Hiring: You cannot discriminate against candidates with disabilities during the hiring process.
• Reasonable Accommodations: Employers must provide reasonable accommodations to employees with disabilities, as long as these accommodations do not create undue hardship for the business. Examples of accommodations include adjusting work schedules, providing special equipment or assistive technology, or modifying the physical workspace.
• Employment Practices: The ADA requires that employers evaluate employees with disabilities based on their qualifications, rather than their disabilities. This includes ensuring that performance evaluations, promotions, and pay decisions are made without bias.
What Are Reasonable Accommodations?
A reasonable accommodation is any change or adjustment to a job or work environment that allows an employee with a disability to perform essential job functions. Some examples include:
• Modifying equipment or devices
• Altering work schedules or allowing telecommuting
• Providing sign language interpreters or assistive technology
• Adjusting policies, like offering more frequent breaks
It’s important to note that employers are not required to provide accommodations that would cause significant difficulty or expense to the business. What is deemed "undue hardship" depends on the size of the business, the resources available, and the impact of the accommodation.
The Importance of Interactive Process
When an employee requests an accommodation, the ADA requires that the employer engage in an "interactive process" to discuss and determine what accommodations are appropriate. This dialogue between the employer and employee is crucial to finding a reasonable solution that allows the employee to do their job effectively.
Protecting Your Business from ADA Lawsuits
The best defense is proactive compliance. Regularly audit your facilities and website for accessibility. Schedule a free consultation with Conway Eader to assess your current practices and ensure that you’re not exposing your business to potential litigation.
