As a small business owner, navigating the complexities of the Americans with Disabilities Act (ADA) may seem daunting. You might wonder how these regulations apply to your operation, what accommodations you’re required to provide, and how to implement them without straining your limited resources. At Nisar Law Group, we regularly guide small business owners through ADA compliance, helping them create accessible environments while managing practical constraints.
Disclaimer: This article provides general information for informational purposes only and should not be considered a substitute for legal advice. It is essential to consult with an experienced employment lawyer at our law firm to discuss the specific facts of your case and understand your legal rights and options. This information does not create an attorney-client relationship.
Understanding the ADA and Small Business Obligations
The Americans with Disabilities Act prohibits discrimination against individuals with disabilities in all areas of public life, including employment, transportation, public accommodations, communications, and access to government programs and services. For small businesses, two sections of the ADA are particularly relevant:
Title I covers employment practices for businesses with 15 or more employees. This section prohibits discrimination in all employment practices, including recruitment, hiring, training, promotions, pay, and social activities.
Title III applies to businesses that provide goods or services to the public, regardless of size. These “public accommodations” include restaurants, retail stores, hotels, private schools, convention centers, doctors’ offices, homeless shelters, and recreation facilities, among others.
It’s critical to understand that while Title I only applies to businesses with 15 or more employees, Title III has no size threshold—even the smallest “mom and pop” businesses must comply if they serve the public.
Small Business Exemptions and Limitations
While the ADA’s reach is broad, it does recognize that smaller businesses may face different challenges than larger corporations. Several provisions help balance accessibility requirements with business realities:
The “Readily Achievable” Standard
The most significant accommodation for small businesses is the “readily achievable” standard for removing barriers in existing facilities. This flexible standard is defined as “easily accomplishable and able to be carried out without much difficulty or expense.”
What’s “readily achievable” varies based on:
- The size and resources of your business
- The cost of the accommodation or modification
- The overall financial resources of your business
- The impact on your operations
This means that a small local shop isn’t held to the same standard as a national retail chain. A modification that’s reasonable for a business with substantial resources might create an undue burden for a small operation with limited capital.
Tax Incentives for ADA Compliance
The federal government offers two tax incentives to help businesses offset the costs of ADA compliance:
- Disabled Access Credit (IRS Code Section 44): Small businesses with either 30 or fewer employees or $1 million or less in annual revenue can claim a tax credit of up to $5,000 annually for accessibility modifications.
- Barrier Removal Tax Deduction (IRS Code Section 190): Businesses of any size can take a tax deduction of up to $15,000 per year for removing architectural and transportation barriers.
These incentives can substantially reduce the financial impact of compliance measures, making them more “readily achievable” for small operations.
Priority Areas for Small Business Compliance
Given limited resources, small businesses should focus their compliance efforts on high-impact areas that provide the greatest accessibility benefits:
1. Entrance Accessibility
Making your business enterable is the most fundamental accessibility requirement. Consider:
- Installing ramps or lifts where steps exist
- Widening doorways where feasible
- Ensuring door hardware is operable with a closed fist
- Adding automatic door openers if budget allows
Even if your main entrance cannot be made accessible, providing an alternative accessible entrance can fulfill your obligations, provided it’s kept unlocked and available during business hours.
2. Path of Travel and Navigation
Once inside, customers need to be able to navigate your space:
- Maintain clear paths at least 36 inches wide
- Remove obstacles and protruding objects
- Secure or remove loose rugs that could pose tripping hazards
- Rearrange furniture to create accessible routes
- Ensure aisles between fixed elements are at least 36 inches wide
3. Access to Goods and Services
Your business’s primary offerings should be accessible to everyone:
- Lower at least a portion of service counters to a maximum height of 36 inches
- Ensure self-service areas (such as condiment stations or display shelves) are within reach
- Train staff to assist customers who can’t access certain areas
- Provide accessible seating in waiting areas
- Consider providing clipboards or other alternatives if writing surfaces aren’t accessible
4. Restroom Accessibility
If your business offers restrooms to the public, at least one should be accessible:
- Ensure doorways are at least 32 inches wide
- Provide adequate turning space (at least 60-inch diameter)
- Install grab bars at toilets
- Ensure sinks are accessible with lever-type faucets
- Provide accessible paper towel dispensers and hand dryers
Small restrooms may be difficult to modify fully, but even partial improvements like adding grab bars or accessible sinks can significantly enhance usability.
5. Communication Accessibility
Effective communication is an essential aspect of accessibility:
- Train staff to communicate effectively with people with hearing, vision, or speech disabilities
- Keep paper and pen available for written communication when needed
- Consider offering materials in large print or accessible electronic formats
- Have a plan for providing sign language interpreters when requested for complex interactions
6. Service Animal Accommodation
Service animals must be permitted in all areas where customers are allowed:
- Establish a clear service animal policy
- Train staff on appropriate questions and interactions (they may only ask if the animal is required due to a disability and what tasks it performs)
- Understand that emotional support animals are not classified as service animals under the ADA
Developing a Practical Compliance Plan
For small businesses with limited resources, a strategic approach to ADA compliance can make the process more manageable:
Conduct an Accessibility Assessment
Begin by evaluating your current accessibility. You can:
- Use the ADA Small Business Guide checklist available from the Department of Justice
- Invite a person with a disability to provide feedback on your accessibility
- Consider hiring an ADA consultant for a professional assessment
Document your findings and take photos to help plan improvements.
Prioritize Improvements Based on Impact and Resources
Develop a phased implementation plan that:
- Addresses the most significant barriers first
- Focuses on changes that benefit the most customers
- Considers the “readily achievable” standard for your business’s size and resources
- Takes advantage of natural renovation or equipment replacement cycles
- Incorporates tax incentives to maximize your investment
Document Your Efforts
Maintain records of:
- Your accessibility assessment
- Improvements you’ve implemented
- Cost estimates for changes deemed not “readily achievable”
- Your timeline for future modifications
- Staff training on disability accommodation
This documentation demonstrates your good faith effort toward compliance, which can be valuable if complaints arise.
Incorporate Accessibility Into Business Planning
Make accessibility an ongoing consideration by:
- Including accessibility improvements in your annual budget
- Considering accessibility when selecting new locations
- Evaluating accessibility features when purchasing new equipment
- Addressing accessibility during regular maintenance and renovations
- Training new staff on accessibility policies and procedures
Responding to Accommodation Requests
The ADA requires businesses to make reasonable modifications to policies, practices, and procedures to accommodate people with disabilities, unless doing so would fundamentally alter the nature of the goods or services provided.
When a customer requests an accommodation:
- Take all requests seriously and respond promptly
- Focus on finding solutions rather than reasons to deny the request
- Engage in an interactive discussion if the specific request isn’t feasible
- Document the request and your response
- Implement policy changes that might prevent similar accessibility issues
Remember that many accommodations cost little or nothing and simply involve flexibility in how you serve customers.
Website Accessibility for Small Businesses
Increasingly, courts are finding that the ADA’s requirements extend to business websites. While small businesses face challenges in this area, basic website accessibility doesn’t have to be prohibitively expensive:
- Choose website platforms and templates designed for accessibility
- Ensure adequate color contrast for text
- Add alternative text for images
- Make sure forms and navigation are keyboard-accessible
- Structure content with proper headings
- Caption videos
- Provide text alternatives for audio content
Even incremental improvements to your website’s accessibility can significantly reduce your legal risk while expanding your customer base.
Common Small Business ADA Compliance Pitfalls
Several common misconceptions lead to compliance problems for small businesses:
“Our building is grandfathered in”
The ADA does not contain a “grandfather clause” exempting older facilities. All public accommodations, regardless of age, must comply with the accessibility standards to the extent readily achievable.
“We’ve never had a customer with a disability”
The absence of customers with disabilities might actually indicate existing barriers. Additionally, compliance is required regardless of whether you currently serve customers with disabilities.
“We’ll address accessibility when someone requests it”
Waiting for complaints before taking action creates legal risk. Proactive compliance is both legally safer and more welcoming to potential customers.
“We rent our space, so it’s the landlord’s responsibility”
Both tenants and landlords share responsibility for ADA compliance, regardless of lease terms. Your lease might assign certain responsibilities to the landlord, but this doesn’t shield you from ADA complaints about your business.
“We’ll lose our historic building’s character”
While historic preservation is important, it doesn’t automatically exempt businesses from accessibility requirements. The ADA allows alternative methods that preserve historic significance while improving accessibility.
When to Seek Legal Guidance
Consider consulting with an attorney experienced in ADA compliance when:
- Planning significant renovations or building a new facility
- Receiving an ADA complaint or demand letter
- Developing policies for accommodating customers with disabilities
- Determining whether requested modifications would fundamentally alter your business
- Evaluating whether an accommodation is “readily achievable” for your business
- Addressing complex website accessibility concerns
Early legal guidance can prevent costly retrofitting or litigation expenses down the road.
A Note About ADA Lawsuits and Small Businesses
Small businesses sometimes face “drive-by” ADA lawsuits targeting multiple businesses in an area. While some of these suits address legitimate accessibility concerns, others may be primarily motivated by settlement demands.
If you receive an ADA complaint:
- Take it seriously, regardless of how it’s presented
- Consult with an attorney experienced in ADA defense
- Evaluate the validity of the claims
- Consider whether a swift compliance response might resolve the matter
- Understand that good faith efforts toward accessibility can positively impact case outcomes
The best protection against such lawsuits is proactive compliance with accessibility standards to the extent readily achievable for your business.
Conclusion: ADA Compliance as a Business Opportunity
While ADA compliance requirements may initially seem challenging for small businesses, they also present an opportunity to expand your customer base and demonstrate your commitment to inclusion. The approximately 61 million Americans with disabilities represent a significant market segment with substantial spending power.
Accessible businesses often find that improvements made for people with disabilities benefit many others as well—parents with strollers, elderly customers, delivery personnel, and anyone temporarily injured. What begins as compliance often evolves into a better customer experience for everyone.
By understanding your obligations, focusing on high-impact improvements, taking advantage of tax incentives, and incorporating accessibility into your ongoing business planning, you can navigate ADA requirements successfully while enhancing your business’s appeal to a broader customer base.
At Nisar Law Group, we assist small businesses in developing practical, cost-effective approaches to ADA compliance. Whether you’re responding to a complaint or proactively improving accessibility, our attorneys can help you balance legal requirements with business realities.
Contact us today for a consultation on your small business ADA compliance needs and how we can help you create an accessible environment that welcomes all potential customers while protecting your business interests.
