Introduction
On January 23, 1990, the 101st Congress passed the “Americans with Disabilities Act of 1990” (ADA) it is one of several disability-related laws. Title I of the ADA protects the rights of both employees and job seekers. Title I applies to private-sector employers who employ 15 or more individuals. The law provides guidance on reasonable accommodations to prevent discriminating against qualified individuals with disabilities in all aspects of employment.
The ADA defines an “employer” as any person who is:
- Engaged in an industry affecting commerce;
- Employs 15 or more full-time employees each work day;
- For at least 20 or more calendar weeks in the year.
That means if your business has 14 or fewer full-time employees or is in business for less than 20 weeks a year, you do not have to be ADA compliant.
Existing Buildings and New Construction
ADA requirements for existing buildings need to be implemented to ensure that all individuals, regardless of ability, can use a building with minimal impediment. Improvements to existing buildings vary in each jurisdiction and based on reasonable accommodation.
The ADA Standards were established to create design requirements for new construction and alteration of facilities subject to the law. You will need to review your state requirements as part of any construction project.
These guidelines specify accessibility standards for parking (adequate accessible parking spaces), toilets, curbs, ramps, hand rails, door widths, lavatories, aisle widths, drinking fountains, counter heights, door handles, entrances and exits (accessible entrances).