opens its doors to the public) must: provide goods and services in an integrated setting, unless separate or different measures are necessary to ensure equal opportunity; eliminate unnecessary eligibility standards or rules that deny individuals with disabilities an equal opportunity to enjoy the goods and services of a place of public accommodation; and make reasonable modifications in policies, practices and procedures that deny equal access to individuals with disabilities, unless a fundamental alteration would result in the nature of goods and services provided. (Examples of policies and procedures would be if a store has a policy to exclude all animals, the policy should be changed to permit people who use service animals, such as “seeing-eye dogs” and “hearing- assist-dogs” to enter the store with their service animals. A store that has a special accessible entrance that remains locked during business hours will need to change the policy and keep the door unlocked when the store is open. If security is a problem, an accessible call box or buzzer, identified by a sign and mounted in an accessible location and height, should be installed to enable people with disabilities to call staff to unlock the door. A restaurant that restricts seating of people with disabilities to one area must revise the policy to permit the range of choices enjoyed by others.) They must also ensure effective communication through the use of auxiliary aids and services when necessary, unless an undue burden or fundamental alteration would result. (Examples of auxiliary aids and services include reading written information to a person who is blind or who has low vision or providing large print, audiotape or Braille; and using written notes, sign language interpreters or using captioning to communicate with a person who is deaf, hard of hearing or who has a speech disability.) They must remove architectural and structural communication barriers in existing facilities where readily achievable, and provide goods and services through alternative measures when removal of barriers is not readily achievable. (“Readily achievable” means easily accomplished without much difficulty or expense. The “readily achievable” requirement is based on the size and resources of the business. The Justice Department, as part of new ADA regulations, is adopting a “safe harbor” allowing businesses that comply with 1991 ADA standards to postpone compliance with 2010 standards until the building or building elements are altered. Larger businesses with more resources are expected to take a more active role in removing barriers than small businesses. The ADA also recognizes that economic conditions vary. When a business has the resources to remove barriers, it is expected to do so; but when profits are low, barrier removal may be reduced or delayed. Barrier removal is an ongoing obligation. Businesses are expected to remove barriers in the future as resources become available.) When public accommodations or commercial facilities design and construct new facilities, or alter existing facilities, they must do so in accordance with the Standards of Accessible Design. (In some cases, existing conditions, limited resources, or both will make it not “readily achievable” to follow the Standards fully. If this occurs, barrier removal measures may deviate from the Standards so long as the measures do not pose a significant risk to the health or safety of individuals with disabilities or others.) New proposals also address the ADA accessibility of websites, movie theaters, and equipment and furniture. Title III is enforced by the U.S. Department of Justice. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered, recent amendments mandate the definition of “disability” to be construed in favor of broad coverage of individuals. Employers can expect more employees to fall within the definition of “disabled” which will trigger the employer’s duty to engage in the interactive process and provide reasonable accommodation more often.
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