Is Your Small Business Compliant with the Americans with Disabilities Act?

 Posted on February 23, 2023 in Business and Commercial Law

In the United States, all businesses with 15 or more employees must comply with the Americans with Disabilities Act (ADA), which protects workers with disabilities from discrimination within the workplace. Any failure to do so can result in hefty fines and penalties and may even result in a discrimination lawsuit against your business. The following can help you avoid such consequences by providing you with information on how to ensure your policies are in line with the ADA requirements.

Protection Against Discrimination 

Under the ADA, individuals with disabilities and their family members are protected from discrimination in hiring, termination, and opportunities for advancement. This means you cannot deny employment to someone based on a disability or the disability of a loved one. It also means you cannot terminate someone because he or she, or a loved one, has a disability. Individuals with disabilities and employees who have a loved one with a disability must also receive the same consideration when it comes to advancements and promotions within the company. 

Reasonable Accommodations

In addition to not discriminating against those with disabilities, or those who have family members with disabilities, you must provide reasonable accommodations to any disabled employee within the workplace. This can include everything from ensuring that toilet paper dispensers sit at the right distance from the floor to installing a wheelchair ramp for better access.

The only exception to this law is that a business or employer may refuse accommodations if it would create an undue hardship (result in significant cost or renovations beyond that which the employer can reasonably do). Please note that this does not mean you can deny a request simply because the accommodation will cost money—remember, it covers all “reasonable” expectations.

Violations of the ADA

Penalties for violating the ADA can vary greatly depending on the employer’s specific violation and their history of violations. Yet, it is important to note that the ADA does more than simply provide a government agency with the right to fine; it also gives employees an avenue for recourse against discrimination. This may be pursued through a lawsuit or other costly legal proceedings. Obviously, the best scenario is to simply avoid having to deal with infractions in the first place.

Contact Our Hood County Heights Business Law Attorneys 

Whether your small business needs help ensuring compliance with the ADA, or is up against potential litigation, the law firm at Cain & Kiel Law can help. Our experienced lawyers offer diligent, detail-oriented representation to suit your company’s needs. Learn more about how our Tarrant County business law attorneys can help. Call 817-645-1717 for assistance today. 

Source:

https://www.eeoc.gov/eeoc-disability-related-resources