It behooves your business to accommodate the disabled
By Alan Wolf, YSN
The Americans with Disabilities Act (ADA) is a landmark series of civil rights protections that were signed into law by President George H.W. Bush in 1990. They essentially prohibit discrimination against citizens with physical impairments in all aspects of public life, including jobs, schools, transportation and public spaces.
It’s that last item, known within the ADA as Title III, that affects every member of AVB BrandSource. As a business that is open to the public, you are required to take reasonable measures to assure that your store — and your website — are readily accessible by customers and employees with vision, hearing and mobility constraints.
Aside from the fact that it’s the law, and that it’s simply the right thing to do, adhering to the ADA’s guidelines is good business. As the U.S. Department of Justice notes, more than 50 million Americans have disabilities, and more than 71 million boomers will be over 65 by 2030, many with unique age-related needs. That represents an enormous and too often underserved market for retailers, comprised of potential repeat customers.
Indeed, studies show that people with disabilities become loyal shoppers once they find a business that can accommodate them, the Justice Department said, which also helps burnish your brand.
The Consequences of Non-Compliance
Conversely, businesses that don’t comply with ADA standards open themselves up to fines and other legal action. According to Fit Small Business, a clearinghouse for back-office advice, retail is a top industry targeted by ADA lawsuits. More than 11,000 ADA-related federal cases were filed in 2021, up 4% from the prior year, the resource said, while e-commerce cases, a growing category, reached 4,455 in 2022.
So what constitutes ADA compliance? Accommodations in and around your stores should include:
- Easily accessible entrances
- Unobstructed aisles
- Clearly visible signage
- Wheelchair-friendly restrooms
- Adjacent parking areas
In describing these modifications, the Justice Department uses the terms “reasonable” and “readily achievable,” meaning “easy to do without much difficulty or expense.” As the agency notes, “The ADA strikes a careful balance between increasing access for people with disabilities and recognizing the financial constraints many small businesses face. Its flexible requirements allow businesses confronted with limited financial resources to improve accessibility without excessive expense.”
Detailed federal guidelines are available here and in the Justice Department’s small business primer.
Digital Distinctions
More recently, ADA requirements have been extended to e-commerce sites and mobile apps, where the same essential rules apply.
While AVB’s ALTA series websites are all ADA compliant, members employing other digital platforms should ensure their assets are perceivable, operable, understandable and robust, as outlined by the World Wide Web Consortium’s (W3C’s) Accessibility Guidelines.
The definitive test, though, is whether your website adheres to the Justice Department’s own digital guidance, which is detailed here.
Of course, none of these guidelines, whether in-store or online, would be worth the paper (or cloud) they’re written on if they’re not fully understood and implemented by your team. As Mary Tackmann, AVB’s GM of human resources noted, compliance is everyone’s job, and as an owner or senior manager, it is also your job to ensure that everyone is vested in the protection of, and accessibility of services for, all customers and employees. So be sure to share this information with everyone on staff.
