10 MYTHS and FACTS Regarding The Americans
with Disabilities Act
MYTH #1:
Compliance, especially for small business, is expensive.
FACT:
ADA does not require any action causing undue financial burden. In fact, most workplace accommodations cost very little and the removal of barriers to businesses can often be achieved through creative thinking and Federal tax incentives.
Mainstream technology utilized in businesses can often be used to make necessary accommodations. Several deaf employees at a Washington, DC law firm, for instance, communicate via instant messaging.
Research shows that businesses have realized bottom-line advantages and a return-on-investment as a result of focusing on ADA. For example, workers with disabilities stay longer on the job and improve the bottom line with reduced training and recruiting costs. As customers, people with disabilities also have significant spending power. The National Organization on Disability estimates that Americans with disabilities possess more than $200 billion in discretionary income.
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MYTH #2:
The U.S. Government’s role under the ADA is only to enforce compliance.
FACT:
While the Department of Justice and other agencies like the Equal Employment Opportunity Commission (EEOC) work to uphold the tenets of the ADA, the U.S. Government, under the Department of Education, also provides experts at no cost for businesses and people with disabilities alike to help them better understand and utilize the ADA.
The ADA & IT Technical Assistance Centers (www.adata.org) act as a "one-stop" comprehensive, neutral and confidential resource on ADA issues in employment, public services, public accommodations, and communications. The Centers have regional offices across the country with counselors who understand specific state and local laws.
Each center works closely with local business, disability, governmental, rehabilitation, and other professional networks to provide ADA information and assistance.
Programs vary in each region, but all centers provide the following: Technical Assistance; Education and Training; Materials Dissemination; Information and Referral; and Public Awareness. Back to top
MYTH #3:
If a complaint has been filed against my business, I can expect to hire a lawyer, face litigation, pay a fine and have little voice in the process.
FACT:
Businesses have rights under the ADA. In most cases, ADA-related complaints are settled through negotiation and good-faith efforts on the part of businesses. The ADA requires that reasonable accommodations be made for employees with disabilities and that businesses remove existing barriers to the extent that doing so does not pose an undue burden. If the accommodation or modification required causes an undue burden on the business, the company must try to find an alternate and affordable solution. Oftentimes, a little creativity helps identify solutions to accessibility problems.
The first call both businesses and people with disabilities should make is to their local ADA Assistance Centers. Center specialists may be able to help with the problem solving by identifying ways similar businesses have resolved an issue. Consultations are at no additional cost, and while the Center can’t provide legal counsel, they can supply invaluable information, inform both parties of their rights and help reach a resolution.
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MYTH #4:
The ADA has triggered a rash of frivolous litigation, “gotcha” lawsuits triggered by drive-by complainants and millions of dollars in legal fees that businesses cannot recover.
FACT:
The Americans with Disabilities Act has a proven record of increasing access and opportunity for individuals and businesses alike. Yet, even 15 years later, the ADA is very much a work-in-progress. Unfortunately, complaints and, in some cases, litigation are part of the process of interpreting any significant law to everyday life. However, in most cases, complaints against businesses can be negotiated and settled without burdensome or significant costs. Businesses of all sizes need to show good faith effort to satisfy requirements under ADA. Trivial complaints under ADA are often quickly dismissed. If your business has not yet addressed access, this would be a good time to contact your regional Center for an easy–to–follow checklist to help identify and remove existing barriers.
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MYTH #5:
The ADA has amounted to a special entitlement for a segment of the population.
FACT:
Quite the contrary, when President George H.W. Bush signed the Americans with Disabilities Act into law in 1990, he described it as an “independence day” for persons with disabilities to “pass through once-closed doors.” However, in the 15 years since the enactment of ADA, the benefits of greater access have spread beyond the disability community. Businesses have realized an expanded customer base and have access to a broader workforce necessary in a global economy. And we have all benefited from having a greater number of Americans living more independent lives and participating in the economic mainstream of American society. Back to top
MYTH #6:
The ADA does not apply to small businesses.
FACT:
Not true. Under the law, access to goods and services applies to all businesses that are open to the public – unless the business is a private club or religious entity. For employers, those with 15 or more employees must make reasonable accommodation. Back to top
MYTH #7:
If I own a business on the second floor of a two-story building that can only be accessed by stairs, and have been the subject of a complaint by a person in a wheelchair, do I have to build an elevator in order to comply with the ADA?
FACT:
The business should first contact the ADA Technical Assistance Center to understand how it is protected under the ADA. While the Center can’t dispense legal advice, they can work with both the business and the person who filed the complaint to help resolve the issue.
The law is sensitive to the cost of making structural changes to an older building. It is unlikely that the business would be required to add an elevator as it would not be considered readily achievable and most two-story buildings are exempt from an obligation to install an elevator. In some situations, however, the ADA Center might suggest the business transport its service to a mutually convenient location, resulting in a win-win situation with a happy customer and a more profitable business that has reached an untapped customer base.
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MYTH #8:
Anyone with an impairment or who is overweight can claim to have a disability under the ADA.
FACT:
While it is impossible to list every disease or condition covered under the ADA, an individual with a disability is defined as a person who:
- has a physical or mental impairment that substantially limits one or more major life activities;
- has a record of such an impairment; or
- is regarded as having such an impairment.
For most businesses, removing barriers benefits many customers, not just those with disabilities. Improved access allows customers with mobility impairments and families with strollers to more easily move around an establishment. By providing assistance to people with vision impairments or those who are deaf or hard of hearing, it enables other customers to have a positive experience regardless of whether they would technically be considered a person with a disability. Back to top
MYTH #9:
Disability law compliance is the same in each state.
FACT:
While the tenants of ADA are the same in each state, sometimes state laws including specific building codes and statutes are more stringent than the ADA. The ADA Assistance Centers have regional offices and staff who are knowledgeable of state and local codes to help businesses and persons with disabilities address these often confusing issues. Back to top
MYTH #10:
15 years of ADA have removed the barriers that once blocked people with disabilities.
FACT:
Unfortunately, many buildings open to the public remain partially or totally inaccessible or provide great challenges to persons with disabilities. But since the enactment of ADA, America’s perception and understanding of people with disabilities has evolved as more people with disabilities have been empowered to be independent, active and contributing consumers and members of the workforce. The ADA serves as a starting point so that as a society we are no longer constructing buildings in such a way that results in keeping people out but rather allows everyone to enter and participate in all that is offered.
For more information about the Americans with Disabilities Act and your rights and responsibilities under the law, please contact the ADA and IT Technical Assistance Centers at www.adata.org (or new web URL to be determined).
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For more information about the Americans with Disabilities Act and your rights and responsibilities under the law, please contact the ADA and IT Technical Assistance Centers at www.adata.org or call our toll free National hotline at 1-800-949-4232.
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