You may be violating the rights of the disabled and not even know it. Learn about the ADA and its effect on your business.
Employment Issues
When hiring new employees, the ADA requires that you give a disabled person the same consideration as anyone else. Of course, the applicant should be able to satisfy the criteria of a specific position, but keep in mind that lots of disabled Americans have the ability to handle many of today's jobs. Focus on qualifications such as experience, skills, and test scores to avoid potential bias and prejudice in your decision-making. Remember, you're not required to give a disabled applicant preferential treatment, but you must give him or her fair treatment.
The ADA also protects those who have relationships with disabled individuals from possible "discrimination by association." Some examples of behavior prohibited by the ADA would be denying an applicant employment because you believe he or she will frequently take off from work to care for his or her disabled spouse, or firing an employee because he or she visits a friend who is hospitalized with the AIDS virus.
Changes in the Work Environment
To satisfy ADA requirements, you may have to make some physical changes to your workplace to allow a disabled employee to perform his or her duties more effectively. An example of a realistic modification would be converting stairs into a ramp for wheelchair access. Such a measure is easy to implement, and doesn't impose a financial burden.
Changes are generally made at the disabled employee's request. But if he or she is unable to recommend specific actions, both you and the employee should work together to determine what suitable modifications can be made.
Treatment of Disabled Customers
Refusing service to a customer because he or she has a disability is illegal, and may result in harsh penalties under the ADA. Therefore, make sure you and your employees avoid all prejudiced behavior.
In addition, you must provide reasonable assistance to disabled customers so they can fully patronize your business. Possible measures may include keeping hearing and visual aids (i.e., listening devices, Braille signs, and sign language interpreters) at your place of business, or providing services such as home delivery, free transportation, or personal shopping assistance. Again, the ADA doesn't require accommodations that will impose a financial burden on employers.
Considerations when Building or Renovating
If you're planning to construct a new building, or renovate an existing one, you need to ensure that the facility is accessible by everyone. Some ADA-approved accommodations may include:
* Widened doorways.
* Elevators in buildings over three stories, or with floors greater than 3,000 square feet.
* Lowered drinking fountains and telephones.
* Wheelchair-accessible bathrooms.
* Designated parking spaces for the disabled.
Penalties for Violating the ADA
Individuals who feel you have violated the ADA can take you to court, or file a complaint against you with the Attorney General's office. As a result, you may be expected to pay severe monetary damages. But there's lots of flexibility within the ADA, and as long as you're willing to cooperate and compromise, you should be able to resolve any issue that may arise.
The government doesn't want to inconvenience small business owners, but it must guarantee that disabled Americans have the same opportunities as everyone else. Therefore, avoid potential problems by observing the policies of the ADA.
