Creating an accessible workplace isn’t just about legal compliance—it’s about building an environment where all employees can perform at their best, regardless of disability status. Physical accessibility in the workplace encompasses everything from building entry points to workstation design, common areas, and emergency protocols. Understanding these requirements helps employers create truly inclusive environments while meeting their legal obligations.
At Nisar Law Group, we regularly advise employers on implementing comprehensive accessibility plans and assist employees facing barriers in their workplaces. This guide outlines the key accessibility requirements that apply to most employers, along with practical implementation strategies.
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.
Legal Framework for Workplace Accessibility
Workplace accessibility requirements stem primarily from the Americans with Disabilities Act (ADA), though several other laws may apply depending on the specific workplace context:
Americans with Disabilities Act (ADA): Title I addresses employment practices, including workplace accessibility for employees with disabilities. Title III covers accessibility in places of public accommodation, which includes areas of businesses where customers or clients may enter.
Architectural Barriers Act (ABA): Requires access to facilities designed, built, altered, or leased with federal funds.
Rehabilitation Act: Section 504 mandates accessibility in programs receiving federal financial assistance, while Section 508 requires federal agencies to make electronic and information technology accessible.
State and Local Building Codes: Many jurisdictions have adopted their own accessibility requirements, sometimes exceeding federal standards.
These laws work together to create comprehensive accessibility obligations, though the specific requirements vary depending on factors like building age, size, and whether the facility is owned or leased.
New Construction vs. Existing Facilities Standards
One of the most important distinctions in accessibility law is between the standards for new construction and existing facilities:
New Construction and Alterations
New buildings and facilities must comply with the ADA Standards for Accessible Design, which provide detailed technical specifications for accessible elements and spaces. These standards apply to:
- Newly constructed facilities (built after January 26, 1993)
- Alterations to existing facilities
- New additions to existing buildings
The standards are rigorous and comprehensive, covering everything from parking spaces to doorway widths, restroom layouts, and workspace configurations. Compliance with these standards is mandatory unless it would be “structurally impracticable” due to unique characteristics of the terrain—a rarely applicable exception.
When altering existing facilities, the altered portions must comply with the standards to the maximum extent feasible. Additionally, alterations affecting primary function areas may trigger “path of travel” obligations, requiring the path to the altered area to be made accessible.
Existing Facilities
For existing facilities built before the ADA’s implementation, the requirements are more flexible. Employers must remove architectural barriers when it is “readily achievable” to do so—defined as “easily accomplishable and able to be carried out without much difficulty or expense.”
Factors in determining what is readily achievable include:
- The nature and cost of the needed modification
- The overall financial resources of the facility and the business
- The effect on expenses and resources
- The size, type, and financial resources of the parent organization
- Legitimate safety requirements
This standard recognizes that retrofitting existing buildings can be costly and technically challenging. However, employers are expected to continually assess what barriers can be removed as resources permit, with priority given to basic access features like entrances.
Essential Accessibility Elements in the Workplace
A fully accessible workplace encompasses numerous elements. The following represent the most critical accessibility features:
Accessible Route and Entry
Parking: Accessible parking spaces must be provided in sufficient numbers based on lot size, with proper dimensions, signage, and access aisles. They should be located on the shortest accessible route to an accessible entrance.
Building Approach: At least one accessible route must connect accessible parking, public transportation stops, and public streets to an accessible building entrance. This route must be at least 36 inches wide, have a stable, slip-resistant surface, and avoid stairs.
Entrances: A minimum of 60% of public entrances must be accessible in new construction. For existing facilities, providing at least one accessible entrance is typically prioritized. Entrances should have level landings, appropriate door widths (minimum 32 inches clear width), and manageable opening force requirements.
Ramps: When level entrances aren’t possible, properly designed ramps with appropriate slope (maximum 1:12 ratio), width, landings, and handrails are required.
Interior Circulation
Hallways and Pathways: Interior accessible routes should be at least 36 inches wide, free from obstacles, and include passing spaces at reasonable intervals if narrower than 60 inches.
Doors and Doorways: Interior doors on accessible routes need adequate clear width (minimum 32 inches), manageable opening force, and sufficient maneuvering clearance based on approach direction and door type.
Elevators and Lifts: Multi-story facilities generally require accessible elevators with proper dimensions, control heights, and audible signals. In limited circumstances, platform lifts may be permissible alternatives.
Stairs: While stairs cannot be the only means of access, they must nonetheless include proper handrails, uniform riser heights and tread widths, and non-slip surfaces.
Common Areas and Facilities
Restrooms: Accessible restrooms require appropriate door clearances, adequate turning space, accessible fixtures at proper heights, grab bars, and insulated pipes under sinks.
Break Rooms and Cafeterias: These spaces need accessible routes, appropriate counter heights, adequate table clearances, and accessible appliances and vending machines.
Meeting Spaces: Conference rooms and meeting areas require accessible entry, appropriate table heights, adequate maneuvering space, and accessible communication technology.
Customer Service Areas: Reception counters, service windows, and waiting areas need appropriate heights, clearances, and accessible routes.
Workstation Accommodations
While the ADA Standards provide specific measurements for public and common areas, individual workstations involve more flexibility and customization based on employee needs. Key considerations include:
Desk and Table Height: Adjustable-height desks allow customization for wheelchair users and individuals with various ergonomic needs.
Circulation Space: Adequate clearance around workstations permits wheelchair navigation and access to all necessary equipment.
Storage Accessibility: Files, supplies, and materials should be within reach ranges for employees with mobility limitations.
Technology Integration: Workstations should accommodate assistive technology like screen readers, alternative keyboards, or speech recognition software.
Ergonomic Considerations: Proper chair design, monitor positioning, and keyboard placement help prevent repetitive strain injuries and accommodate various physical needs.
Reasonable Modifications to Policies and Practices
Physical accessibility alone isn’t sufficient—policies and practices must also support accessibility. Important policy modifications include:
Flexible Work Arrangements: When architecture can’t be modified, flexible work locations, telework, or schedule adjustments might provide equivalent access.
Assistance Policies: Clear procedures for employees who need assistance using facility features, including designating staff to provide help when necessary.
Service Animal Policies: Allowing service animals in all areas where employees are permitted, with narrow exceptions for legitimate safety concerns.
Emergency Procedures: Accessible evacuation routes, visual alarms, and individualized emergency response plans for employees with disabilities.
Maintenance Protocols: Ensuring accessible features remain usable through regular maintenance checks and prompt repairs.
Training Programs: Educating staff on accessibility features, accommodation procedures, and appropriate disability etiquette.
Communication Accessibility Requirements
Workplace accessibility extends beyond physical features to include communication accessibility—ensuring that employees with sensory disabilities can access and exchange information effectively:
Visual Communication: For employees with hearing disabilities, employers should provide:
- Visual or text alternatives to audible alerts (fire alarms, telephone ringers)
- Captioning for video content and presentations
- Communication technology like video relay services
- Qualified sign language interpreters when needed
Auditory Communication: For employees with visual disabilities, considerations include:
- Screen reader-compatible digital documents
- Braille, large print, or electronic text alternatives
- Audio descriptions for visual presentations
- Accessible websites and intranet systems
Cognitive Accessibility: For employees with cognitive disabilities, supports may include:
- Clear, concise written instructions
- Visual aids and checklists
- Distraction-reduced workspaces
- Digital calendars and reminders
Communication accessibility may require individualized accommodations based on employee needs, but incorporating universal design principles benefits everyone. For example, providing meeting agendas in advance helps all participants prepare, while benefiting those with cognitive or processing disabilities.
Technology Accessibility in the Workplace
As workplaces become increasingly digital, technology accessibility has become a critical component of workplace accessibility:
Software and Applications: Workplace software should be compatible with assistive technologies like screen readers, speech recognition, and alternative input devices. Employers should consider accessibility when purchasing software and digital tools.
Websites and Intranets: Internal websites should follow Web Content Accessibility Guidelines (WCAG), ensuring compatibility with assistive technologies and providing text alternatives for non-text content.
Digital Documents: Internal documents, forms, and materials should be created in accessible formats with proper headings, alternative text for images, and logical reading order.
Communication Tools: Email, chat, video conferencing, and collaboration platforms should be selected with accessibility features and compatibility with assistive technology in mind.
Phones and Telecommunications: Telecommunications systems should accommodate relay services, provide visual voicemail alternatives, and include compatible handsets for hearing aid users.
Many technology accessibility features benefit all employees by improving usability and efficiency for everyone, not just those with disabilities.
Small Business Considerations
Small businesses often have unique concerns about accessibility requirements, particularly regarding cost and implementation. Several provisions address these concerns:
Tax Incentives: The Disabled Access Credit provides a tax credit for small businesses that incur expenses to comply with the ADA. The Barrier Removal Tax Deduction allows businesses of any size to deduct costs for removing architectural barriers.
Readily Achievable Standard: The “readily achievable” standard for existing facilities specifically considers the size and resources of the business, creating a sliding scale of expectations based on what’s financially feasible.
Technical Assistance: Resources like the ADA National Network, Job Accommodation Network, and Small Business Administration offer free guidance on cost-effective implementation strategies.
Phased Implementation: Small businesses can develop prioritized, long-term accessibility plans that address the most critical barriers first and implement improvements as resources allow.
Even with limited resources, small businesses can make meaningful accessibility improvements by focusing on low-cost, high-impact modifications like rearranging furniture to create wider pathways, installing lever-style door handles, or providing portable ramps.
Implementation Strategy and Prioritization
Given budget constraints, most organizations need a strategic approach to implementing accessibility improvements. Generally, accessibility modifications should be prioritized in this order:
- Accessible approach and entrance – ensuring basic facility access
- Access to goods and services – enabling movement throughout facilities
- Accessible restrooms – providing essential amenities
- Other accessible features – addressing additional barriers as resources permit
Within each category, consider:
Impact: Focus first on barriers that affect the most people or create the most significant limitations.
Cost-effectiveness: Identify changes that provide substantial accessibility improvements relative to their cost.
Employee needs: Prioritize modifications needed by current employees or applicants.
Timing with renovations: Schedule accessibility upgrades to coincide with other planned renovations for cost efficiency.
Legal risk: Address barriers that have generated complaints or present clear compliance issues.
A comprehensive accessibility audit can help identify all barriers and develop a prioritized plan for removal, with continual improvement as resources allow.
Common Implementation Challenges and Solutions
Organizations frequently encounter challenges when implementing accessibility improvements. Here are some common issues with practical solutions:
Historic buildings: Historic preservation requirements may conflict with accessibility standards. Solution: Work with historic preservation and accessibility experts to find compatible solutions that maintain historic character while improving accessibility.
Leased facilities: Lease agreements may limit structural modifications. Solution: Negotiate accessibility improvements with landlords, explore portable alternatives, or consider accessibility when selecting new locations.
Employee resistance: Staff may resist changes to familiar workspaces. Solution: Provide education about accessibility benefits for all employees and involve staff in implementation planning.
Budget constraints: Accessibility modifications may compete with other priorities. Solution: Develop phased implementation plans, seek tax incentives, and incorporate accessibility into regular maintenance and upgrade schedules.
Multi-tenant buildings: Common areas may not be under employer control. Solution: Collaborate with building management and other tenants to address shared accessibility concerns, or consider accessibility when selecting new locations.
Rapidly changing technology: Digital accessibility standards evolve quickly. Solution: Build accessibility into procurement processes, regularly update digital resources, and stay informed about emerging accessibility standards.
With creative problem-solving and proactive planning, most accessibility challenges can be overcome in ways that enhance the workplace for everyone.
Measuring Accessibility Compliance
Assessing accessibility compliance involves several approaches:
Professional accessibility audits: Accessibility specialists can conduct comprehensive evaluations of facilities, identifying barriers and suggesting solutions.
Self-assessment checklists: Organizations can use ADA checklists and guidelines to conduct internal reviews of common accessibility features.
Employee feedback mechanisms: Regular surveys and accommodation request tracking can identify persistent barriers and improvement opportunities.
Accessibility testing: Digital resources should undergo screen reader testing, keyboard navigation assessment, and other accessibility verification methods.
Regular reassessment: Accessibility should be evaluated on an ongoing basis, particularly when spaces are reconfigured or technologies updated.
Documentation of these assessments, along with implementation plans and progress tracking, demonstrates good-faith efforts toward compliance—an important consideration if accessibility complaints arise.
Beyond Compliance: Universal Design Approach
While the ADA establishes minimum requirements, many organizations are moving beyond compliance toward universal design—creating environments usable by all people without the need for adaptation or specialized accommodation.
Universal design principles include:
Equitable Use: The design is useful and marketable to people with diverse abilities.
Flexibility in Use: The design accommodates a wide range of individual preferences and abilities.
Simple and Intuitive Use: Use of the design is easy to understand, regardless of the user’s experience, knowledge, language skills, or concentration level.
Perceptible Information: The design communicates necessary information effectively to the user, regardless of ambient conditions or the user’s sensory abilities.
Tolerance for Error: The design minimizes hazards and adverse consequences of accidental or unintended actions.
Low Physical Effort: The design can be used efficiently and comfortably with minimum fatigue.
Size and Space for Approach and Use: Appropriate size and space is provided for approach, reach, manipulation, and use regardless of the user’s body size, posture, or mobility.
Organizations that embrace universal design often discover that accessibility features benefit all employees by creating more functional, flexible, and user-friendly environments. For example, automatic doors help people carrying packages, ramps assist maintenance staff moving equipment, and clear signage helps visitors navigate unfamiliar spaces.
When Accessibility and Accommodation Intersect
Workplace accessibility requirements address the general needs of people with disabilities, while reasonable accommodations address the specific needs of individual employees. These concepts are related but distinct:
Accessibility is proactive and applies to physical and digital environments, benefiting groups of people with similar needs. It’s typically implemented before specific accommodation requests arise.
Reasonable accommodation is responsive to individual needs, often involving job modifications, schedule adjustments, or specialized equipment beyond standard accessibility features.
The relationship between these concepts creates practical implications:
Accessible workplaces reduce accommodation requests by addressing common needs proactively.
Recurring accommodation requests suggest accessibility gaps that might be addressed through broader modifications.
Some environments cannot be made fully accessible due to structural or historical constraints, making individual accommodations particularly important.
Accessibility doesn’t eliminate the need for accommodations since individuals may have unique needs not addressed by standard accessibility features.
A comprehensive approach incorporates both accessibility and accommodation strategies to create truly inclusive workplaces.
Legal Consequences of Non-Compliance
Organizations that fail to meet accessibility requirements face several potential consequences:
ADA Lawsuits: Employees or applicants may file lawsuits seeking injunctive relief (changes to eliminate barriers), compensatory damages, and attorney’s fees.
EEOC Charges: The Equal Employment Opportunity Commission may investigate complaints, attempt conciliation, or file lawsuits against non-compliant employers.
Department of Justice Enforcement: The DOJ may investigate complaints or conduct compliance reviews, potentially resulting in monetary penalties and consent decrees requiring specific remedial actions.
Indirect Costs: Non-compliance can also lead to increased turnover, reduced productivity, damaged reputation, and missed opportunities to recruit talented employees with disabilities.
Courts generally look favorably on employers who have made good-faith efforts toward accessibility, even if full compliance hasn’t been achieved. Documenting barrier removal plans, accommodation processes, and ongoing improvement efforts can help demonstrate this good faith.
Conclusion: Creating Truly Accessible Workplaces
Workplace accessibility is more than a legal obligation—it’s an essential component of an inclusive organization that values the contributions of all employees. By thoughtfully implementing physical, communication, and technological accessibility features, employers create environments where employees with disabilities can focus on their work rather than navigating barriers.
The most successful accessibility initiatives incorporate these key elements:
- Leadership commitment to accessibility as an organizational value
- Input from employees with disabilities throughout planning and implementation
- Integration of accessibility into all facility and technology decisions
- Ongoing education about accessibility for all staff
- Regular assessment and continuous improvement
- Balance between universal design and individualized accommodations
At Nisar Law Group, we help both employers seeking to implement effective accessibility plans and employees facing barriers in their workplaces. Whether you’re developing a comprehensive accessibility strategy or addressing specific barriers, our experienced attorneys can provide guidance tailored to your situation.
By viewing accessibility as an opportunity rather than an obligation, organizations can create workplaces that don’t just comply with legal requirements but truly empower all employees to contribute their talents and skills.
