Inc.com Contributor
Aug 5, 2010

How to Comply With the Americans With Disabilities Act

 

Most of the time, accommodation is fairly inexpensive, Horne says. Even major structural changes usually don't cost more than $600. Software to make computer programs accessible to employees or customers with hearing, seeing or other disabilities is typically much less expensive, he says.

It's really best to think ahead construction, incorporating accessibility features is typically less than 1 percent of construction costs, according to the U.S. Equal Opportunity Commission. You can check out more specific accessibility guidelines at the ADA accessibility guidelines homepage.

Dig Deeper: Setting Up or Building a New Office


Complying With the Americans With Disabilities Act: The Employment Provisions

Eliminating physical barriers is easy. Eliminating psychological ones is a lot harder. The fact that the amount of disabled people in the workforce hasn't increased in the 20 years since the ADA was created has advocates still pressing the issue.

"The attitudes in the work place haven't changed as much as they need to," says Andy Imparato, president and CEO of the American Association of People with Disabilities.

ADA experts say one of the main problems is the health care system actually discourages disabled people from working. Some people, for instance, need a personal assistant to go about their daily activities. That kind of amenity is covered by Medicaid for the unemployed, but not by workplace insurance providers, Young says. Companies should review their health insurance plans to make sure they are providing a welcoming atmosphere, he says.

"For some people, going to work means losing access to that benefit, and it's creating a disincentive to work," he says.

Bayer, the pharmaceutical company, last month received the American Association of People with Disabilities' Justice for All award partially for its program placing disabled people in its workforce. Its coop program offers people a one- or two-year position alongside its management team, giving them real-world job experience they often translate into jobs with other companies, spokesman Bryan Iams says.

"What we find is that people who join the organization have been really dedicated and really go above and beyond some of our regular employees," he says.

Creating an inclusive corporate culture that gives disabled workers access to positions with training and advancement options instead of just "McJobs" is a key improvement, Horne says.

The act says a disability can't be grounds to exclude someone from a job if the candidate is otherwise qualified. That doesn't mean an employer has to give preference to applicants with disabilities.  Here are a few key tips to keep in mind when considering job candidates:

  • You can't require an applicant to take a medical examination before making an offer, or make any other pre-employment inquiry about the disability.
  • You are allowed to ask questions about the ability to perform specific job functions, experts say. As an applicant moves closer to getting hired, the employer can ask more specific questions related to task-performance issues, says Horne of the Office of Disability Employment Policy. In some cases, it may never be necessary to address an employee's disability unless the employee has performance or attendance problems, he says.
  • Maintaining written job descriptions isn't required, though they can be considered as evidence in a discrimination suit.
  • Your business is expected to make accommodations for disabled employees, such as restructuring a job, modifying a work schedule, providing readers or interpreters or even reassigning a current employee to a vacant position. The kind of accommodations needed is decided on a case-by-case basis.
  • Accommodation has its limits: an employer is not required to make changes if it would impose "undue hardship" on the operation of the business, which is defined as something requiring significant difficulty or expense.
  • If no other accommodation can be found, you should offer your employee the chance to pay a portion of the cost for providing the accessibility.
  • You don't need to make these changes until they are necessary to accommodate a specific employee. But the ADA says you should consider making the changes anyway since someone with a disability is likely to apply for a job at some point.

Dig Deeper: The Disability Advantage


Complying With the Americans With Disabilities Act: The Parking Lot and Entranceway

In day-to-day life, handicapped parking spaces are the most common reminder of the effect the ADA has had. But do you know how many you need for your size business? Or how wide they should be?

In addition to good hiring practices, Bayer was also praised for its comprehensive approach to ADA compliance, from the boardroom to the parking lot, Iams says.

Every business with a public lot needs to have a few accessible spaces, based on how big the lot is. If you have 25 or fewer spaces, at least one should be accessible; two spaces are required for 50 or fewer spaces. If you have a large lot, at least one of every eight accessible spaces must be also be van accessible.

The spaces should be the closest to the entrance, with an additional space on either side for an access aisle. You'll also need a sign with the international symbol of accessibility, located in front of the parking space mounted high enough so it won't be blocked by a vehicle.

Van-accessible spaces must have an access aisle at least 8 feet wide and designated with a "van accessible" sign.  You'll need to make sure the vertical clearance is at least 98 inches around the space. 

Even one step at the entrance can make your business a mountain of difficulty for someone using a cane or in a wheelchair. At least one entrance to your facility needs to be accessible, and you'll need signs directing people there.  Several options can help you meet this goal:

  • Use a ramp: the slope should be as shallow as possible, but the incline should be no more than a 1:12 ratio. If the slope is more than 1:20, handrails are needed.
  • Platform or folding lift: mechanical lifts are often used where there is no room for a ramp.
  • If you can't install a ramp or lift, provide access to your services in a different way, such as home delivery or curbside pickup. If you go with one of these options, the ADA says you should make sure to publicize the service so customers are aware it's available.

Dig Deeper: Anti-Discrimination Policies

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