Myths and Misconceptions

The Americans with Disabilities Act: Title III

Even though the Americans with Disabilities Act (ADA) went into effect more than a decade ago, many businesses remain largely unaware of their obligation to the law. Understanding has been complicated by a host of myths and misconceptions that often prevent business owners from making necessary changes. Inclusion Solutions is helping businesses sort through the legal complexity of the ADA and separate myth from reality.

MYTH: My business is already accessible.

Although many businesses think they are accessible, obstacles such as narrow doorways, heavy doors and inadequate door hardware make it difficult for people with limited dexterity to enter without assistance.

MYTH: I don't have any customers with disabilities.

Not having customers with disabilities is often a sign of an inaccessible business. Since more than one in six Americans face disabilities, there is ample opportunity for every business to attract and serve customers with disabilities.

MYTH: My business doesn't need to be accessible since it was built before 1992.

All businesses built before 1992 are required to make readily achievable (meaning simple and affordable) changes. There is no such thing as "Grandfather Clause" exempting businesses from making change.

MYTH: My business can't afford to make accessibility changes.

Many businesses truly can't afford costly retrofits, ramps, lifts and power doors. However, there are simple improvements and cost-effective solutions any business can implement.

MYTH: Access is my landlord's responsibility, not mine.

Responsibility for access belongs to both business owners and their landlords. Both are held accountable for making required changes and both have faced litigation.

MYTH: My business has less than 15 employees, so it is not required to be accessible.

Businesses of all sizes must comply with the ADA's Title III guidelines for accessibility. However, those with less than 15 employees are not required to meet ADA employment standards under Title I.

MYTH: The law isn't enforced, so my business doesn't need to change.

Enforcement of the ADA focused first on Title I, employment. Attention is now turning to Title III, business accessibility. Just as with Civil Rights laws in the 1960's, eventually every business will have to make changes. No business is above the law, regardless of enforcement.