With so many changes going on in the federal government, some people have expressed concern that the Americans with Disabilities Act (ADA) will somehow be overturned or rolled back.
While that doesn’t appear to be on the immediate horizon, the U.S. Department of Justice (DOJ) has removed some ADA guidance for businesses on a number of matters, including:
- Maintaining accessibility in stores
- Providing help to customers at self-serve gas stations
- Getting input from customers with disabilities
- Making new hotels and other lodging accessible
As the website Diversity.com notes, the DOJ has removed documents that “made ADA compliance more accessible and understandable, especially for businesses that may not have legal teams on staff.” That means businesses will need to be “even more proactive in understanding and meeting legal obligations.”
Fortunately for businesses here in California, the California Business Code (CBC), which we’ve discussed here before, details the accessibility features required by the state, which generally exceed the protections afforded by federal law.
The financial risks of non-compliance
It seems highly unlikely that the ADA, which is a federal law, will be repealed by Congress, even if the federal government continues to eliminate guidance and reduces its enforcement efforts. Providing accessibility is still a requirement under federal and state law, and fines for noncompliance can be hefty. Further, businesses that don’t provide accessibility can face still face civil lawsuits, which can be extremely costly.
Businesses have a strong financial incentive to make their products, services, properties and websites accessible to customers and others with mobility, hearing and other disabilities. Having to go back and retrofit areas that aren’t compliant is generally more costly than making them accessible when a property is built.
Further, not only are disabled customers more likely to go to accessible businesses, but many other customers appreciate the fact that a business is inclusive. Anyone can become temporarily or permanently disabled at any point. If someone is using crutches after a skiing accident, for example, those accessible entrances and restrooms can be a necessity.
The reputational risks of not providing access
The reputational risks of non-compliance, which go hand-in-hand with financial risks, are also crucial to consider. With the broad and fast reach of social media, a business of any size that isn’t in compliance with accessibility requirements can take a financial hit almost immediately.
Now more than ever, it’s critical that businesses and other organizations have sound legal guidance when it comes to complying with accessibility requirements and protecting their rights and interests when facing litigation for non-compliance.