ADA and Accessibility Compliance for Small Business

The ADA Applies to Your Business

The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities. If you operate a business that serves the public or employs workers, the ADA applies to you. This is not optional, and ignorance is not a defense.

Small businesses are not exempt. While some requirements scale based on business size, the core obligations apply broadly. Understanding what the ADA requires helps you serve more customers, avoid costly lawsuits, and build an inclusive business.

ADA Title I: Employment

Title I applies to employers with 15 or more employees. It prohibits discrimination in all aspects of employment, including hiring, firing, promotions, pay, and job assignments.

Reasonable Accommodations

You must provide reasonable accommodations to qualified employees with disabilities unless doing so would cause undue hardship. Common accommodations include:

• Modified work schedules or flexible hours
• Ergonomic equipment or assistive technology
• Restructured job duties
• Accessible parking spaces
• Remote work options
• Additional break time
• Modified training materials

The Interactive Process

When an employee requests an accommodation, you must engage in an interactive process to identify effective accommodations. This is a conversation, not a negotiation. You do not have to provide the exact accommodation requested, but you must provide an effective one.

Undue Hardship

An accommodation is not required if it would cause undue hardship, meaning significant difficulty or expense relative to the employer's size and resources. This is a high bar. An accommodation that costs a few hundred dollars is almost never an undue hardship for a business with 15 or more employees.

What You Cannot Ask

• You cannot ask job applicants about disabilities before making a job offer.
• You can ask whether the applicant can perform the essential functions of the job with or without accommodation.
• After a conditional job offer, you can require a medical examination, but only if all employees in that job category are examined.

ADA Title III: Public Accommodations

Title III applies to businesses that serve the public, known as "places of public accommodation." This includes restaurants, retail stores, hotels, offices, theaters, gyms, medical offices, and virtually every business that customers visit.

Physical Accessibility Requirements

Your physical space must be accessible to people with disabilities. Requirements include:

Entrances and exits: At least one accessible entrance with automatic or easy-to-open doors, no steps or a ramp, and adequate width (32 inches minimum clear opening).

Interior paths: Aisles must be wide enough for wheelchair access (36 inches minimum, 44 inches in areas with heavy traffic). Remove obstacles like merchandise displays that block paths.

Restrooms: At least one accessible restroom with grab bars, adequate turning space (60-inch diameter), accessible sink height, and lever-style door handles.

Parking: If you provide parking, you must have accessible spaces. The number depends on total spaces: 1 accessible space for 1-25 total spaces, 2 for 26-50, and so on. Accessible spaces must be the closest to the entrance.

Signage: Use signs with Braille and raised characters for permanent rooms. Directional signs must have high contrast and be mounted at the correct height.

Service counters: At least a portion of service counters must be at an accessible height (no higher than 36 inches).

Readily Achievable Barrier Removal

Existing businesses are not required to tear down and rebuild their spaces. Instead, you must remove barriers where doing so is "readily achievable," meaning easily accomplishable without much difficulty or expense. Examples include:

• Installing ramps over small steps
• Rearranging furniture to create wider aisles
• Adding grab bars in restrooms
• Lowering shelves or adding accessible displays
• Installing accessible door handles

If barrier removal is not readily achievable, you must provide alternative methods of service. For example, if your entrance has steps and a ramp is not feasible, you could provide curbside service.

New Construction and Alterations

New buildings and significant renovations must fully comply with ADA Standards for Accessible Design. There is no "readily achievable" exception for new construction. If you are building out a new space, accessibility compliance must be part of the design from day one.

Digital Accessibility: Your Website

The Department of Justice has made clear that the ADA applies to websites and mobile apps of businesses that serve the public. Website accessibility lawsuits have increased dramatically, and small businesses are targets.

Web Content Accessibility Guidelines (WCAG)

The standard for web accessibility is WCAG 2.1, Level AA. Key requirements include:

Perceivable: Information must be presentable to users in ways they can perceive.

• Provide text alternatives for images (alt text)
• Add captions to videos
• Ensure sufficient color contrast between text and background (4.5:1 ratio for normal text)
• Make content adaptable to different screen sizes

Operable: User interface components must be operable by all users.

• All functionality must be accessible via keyboard (no mouse required)
• Give users enough time to read and interact with content
• Do not use content that flashes more than three times per second
• Provide clear navigation and page structure

Understandable: Information and operation must be understandable.

• Use clear, simple language
• Make web pages appear and operate in predictable ways
• Help users avoid and correct errors in forms

Robust: Content must be robust enough to be interpreted by assistive technologies.

• Use valid HTML markup
• Ensure compatibility with screen readers
• Use ARIA labels where appropriate

Quick Wins for Web Accessibility

1. Add alt text to every image on your website
2. Ensure all forms have properly labeled fields
3. Check color contrast ratios using free online tools
4. Make sure your site is fully navigable by keyboard
5. Add captions to all video content
6. Use descriptive link text (not "click here")
7. Ensure your site works well with screen readers (test with NVDA or VoiceOver)

Tax Credits and Deductions

Small businesses can offset accessibility costs through tax incentives:

Disabled Access Credit (Section 44)

Small businesses (under $1 million in revenue or fewer than 30 employees) can claim a tax credit of up to $5,000 per year for accessibility expenditures. The credit covers 50% of eligible expenses between $250 and $10,250.

Barrier Removal Tax Deduction (Section 190)

Any business can deduct up to $15,000 per year for expenses incurred to remove architectural or transportation barriers for individuals with disabilities.

These incentives make compliance more affordable. Use them.

The Cost of Non-Compliance

ADA lawsuits are common and expensive. Plaintiffs' attorneys actively look for non-compliant businesses, particularly in digital accessibility. Consequences include:

• Lawsuits: ADA lawsuits can result in injunctive relief (mandatory changes), attorney's fees for the plaintiff, and damages under state laws.
• DOJ enforcement: The Department of Justice can bring enforcement actions with civil penalties of up to $75,000 for a first violation and $150,000 for subsequent violations.
• Lost customers: An estimated 61 million Americans have a disability. If your business is not accessible, you are turning away customers.

Getting Started

1. Walk through your physical space with accessibility in mind. Identify barriers and prioritize removal based on cost and impact.
2. Run your website through an automated accessibility checker (WAVE, axe, or Lighthouse) to identify obvious issues.
3. Fix the most impactful issues first: entrance access, restroom accessibility, image alt text, keyboard navigation.
4. Budget for ongoing compliance. Accessibility is not a one-time project.
5. Train your staff on disability etiquette and accommodation procedures.

Accessibility is good business. It opens your doors to more customers, reduces legal risk, and demonstrates that your business values all people.