FAQs
The ADA Assistance Centers have fielded more than 940,000 calls from the National hotline (1-800-949-4232). Here are some of the questions that are most often asked.
Q. I employ fewer than 15 people. Does the ADA apply to my small business?
A: Actually, under the ADA, access to goods and services applies to all businesses that are open to the public - unless the business is a private club or religious entity. Employers with 15 or more employees must make reasonable accommodation.
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Q: I started my business before the ADA was passed and we're located in an older building. Is my business required to comply with the ADA?
A: As of July 26, 1992, businesses with 25 employees or more were required to adhere to the law. By July 26, 1994, businesses with 15-24 employees must be in compliance. Generally speaking, what the ADA does require is that companies should make reasonable accommodations to remove barriers. If the cost is unreasonable, then alternate solutions should be sought to accommodate a person with a disability. As building regulations and codes vary from state to state, companies located in older buildings constructed before the ADA was passed should call their regional ADA Center to learn specifics on how the law applies in their area.
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Q: Why is the ADA so vague?
A: When the ADA was written, the intention was to provide guidelines for both people with disabilities and the businesses that serve and employ them. There are specifics on every aspect of the law, but there is also an understanding that there will be myriad situations that require an interpretation of the law; as such, the ADA can be an umbrella under which a solution can be achieved to remove barriers.
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Q: Is a private business required to provide a sign language interpreter for customers who are deaf?
A: It depends. Title III of the ADA states that a private business is required to provide appropriate auxiliary aids and services where necessary to ensure effective communication. Auxiliary aids and services include, but are not limited to, qualified interpreters, note takers, computer-aided transcription, services, written materials, telephone handset amplifiers, assistive listening devices and systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDDs), or videotext displays.
The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the length and complexity of the communication involved. A business should consult with the individual with a disability wherever possible to determine what type of auxiliary aid is needed to ensure effective communication. In many cases, more than one type of auxiliary aid or service may make effective communication possible. While consultation is strongly encouraged, the ultimate decision as to what measures to take to ensure effective communication rests in the hands of the business, provided that the method chosen results in effective communication.
If a business determines that a sign language interpreter is needed, a qualified interpreter should be provided. A qualified interpreter is one who is able to sign to the individual who is deaf what is being said by the hearing person and who can voice to the hearing person what is being signed by the individual who is deaf. This communication must be conveyed effectively, accurately, and impartially, through the use of any necessary specialized vocabulary.
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Q: I am constructing/renovating a public bathroom but am confused by the requirements. What should I do?
A: The ADA has specific guidelines for new construction and renovation and often a project will be influenced by local building/design codes as well. Contact your regional center for copies of the ADA Accessibility Guidelines and referrals to local code materials.
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Q: I own a small store and I have noticed more and more individuals bringing their dogs into my business with them. Pets are not allowed but they tell me that it is a service animal. Do I have to allow the dog in my store?
A: Under the ADA, businesses and organizations that serve the public must allow people with disabilities to bring their service animals into all areas of the facility where customers are normally allowed to go. This federal law applies to all businesses open to the public, including restaurants, hotels, taxis and shuttles, grocery and departmental stores, hospitals and medical offices, theaters, health clubs, parks, and zoos.
Service animals are working animals, not pets. The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. Service animals are trained to perform tasks for people with disabilities such as guiding people who are blind, protecting a person who is having a seizure, or performing other special tasks.
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Q: What am I allowed to do if a customer brings a service animal into my business?
A: Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person's disability. People with disabilities who use service animals cannot be charged extra fees, isolated from other patrons, or treated less favorably than other patrons. However, if a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may be charged for damage caused by his or her service animal.
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Q: Am I considered a person with a disability under the ADA?
A: According to the ADA, an individual with a disability is defined as a person who:
- has a physical or mental impairment that substantially limits one or more major life activities;
- has a record of such an impairment; or
- is regarded as having such an impairment.
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