Often Overlooked Aspects of Your Business You Need to Make Sure Are ADA Compliant

In this day and age, every business owner or manager needs to do whatever they can to protect their companies from a lawsuit. This means many things. Among them: Making sure that every aspect of your business is compliant with the Americans with Disabilities Act. There are some pieces of this law that are obvious, like bathrooms, entrance doors, and staircases. However, there are aspects of the ADA that are way, way too easy to overlook. Here are three such items.

Wheelchair Maneuverability Inside

Individuals in wheelchairs have to be able to get into your store. However, if they cannot move within your business, you are not ADA compliant. This means that aisles must be wide, that you have appropriate turning radiuses at corners, and that people can access all parts of your establishment. You also have to remove steps or any other potential wheelchair hazards.

Your Website

Changes to modern technology have necessitated changes to the interpretation of the Americans with Disabilities Act. As noted by Harvey Agency, websites must be compliant from auditory and visual perspectives. Indeed, there has been an increasing number of lawsuits filed against websites that are non-ADA compliant. This means that your website must have options to interpret text and images in ways that are appropriate for individuals who may have seeing or hearing disabilities. THIS WEBSITE REQUIREMENT IS OF CRITICAL IMPORTANCE AND MUST NOT BE OVERLOOKED – CONTACT US FOR MORE DETAILS AND TO ENSURE YOUR WEBSITE IS COMPLIANT TODAY (OR FACE FINES OF UP TO $10,000 PER INCIDENT!)

Mental Illness

A common mistake that business owners make when it comes to the Americans with Disabilities Act is only thinking of it as it relates to physical disabilities. This is not the case, and in many cases, mental illness is included within the act. What does this mean for employers? Many things. First, according to the Job Accommodation Network, if someone suffers from a mental illness, you have to give that employee “reasonable accommodations.” This may mean different things to different employers, and you have to consult with your attorneys to specifically determine how this will actually impact your business. Additionally, you cannot fire an employee solely because they have a mental illness, although you can still terminate them for job-related reasons.

The ADA is a complicated piece of legislation. There is no question that it helps preserve access for individuals who may have trouble with public services or businesses. However, it also can push a significant burden on businesses. As such, make sure you consult with proper authorities and do everything you can to ensure compliance with this landmark piece of American law.

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While the above is not and should not be considered legal advice, since circumstances vary, ScaleUPCheckUP™ monitors these rapidly developing issues, as enforcement of the law switches into high gear. Instead, the foregoing is intended as an overview and not legal advice, nor does it create an attorney-client relationship. However, contacting an attorney to steer through the maze of bureaucracy to register and defend a mark may very well be necessary to consult an attorney.

 

ScaleUPCheckUP™’s blog, website, newsletter and other forms of communication contain general information about legal and related matters. The information is not legal advice and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.

 

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