ADA Compliance May Prevent Lawsuits

As the owner of a small business, you may have a legal obligation to comply with the Americans with Disabilities Act. The ADA prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government programs and services.

An Extensive Reach

Although you might think of ADA accommodations as affecting mainly employees and job applicants, they also may apply to customers of your business. Title III of the ADA covers businesses that are generally open to the public and fall into one of several categories, including restaurants, movie theaters, schools, day care facilities, recreation facilities, inns and hotels, transportation, stores, care providers, and places of public displays. If you’re noncompliant in any of the areas covered by the ADA, you could find yourself at the center of a lawsuit.

Areas of Concern

Any business that provides goods and services must comply with the ADA. As a businessowner, you should become aware of potential barriers to disabled access. Barriers might include:

• Parking spaces that are too narrow to accommodate wheelchairs, lifts, etc., and restrict a disabled person from exiting and entering a vehicle.


• Stairs to access entrances, with no ramps provided.


• Narrow aisles and doorways.


• Drinking fountains with low clearance.


• High counters.


• Fixed tables and chairs.


• Restrooms that aren’t wheelchair accessible.


• Websites that don’t support screen reader software.

Insurance Offers Some Protection

Failure to comply with ADA requirements leaves you vulnerable to a lawsuit if your business doesn’t allow for disabled access. Compliance claims can appear with little warning and no opportunity to resolve the issue before the complaint is filed. They may not even be the result of a specific complaint.

Claims can be costly to defend and comply with. Employment Practice Liability Insurance (EPLI) is a general liability policy that protects employers against allegations of discrimination by a customer or an employee. It’s designed to help cover the costs of defending the business in court.

Your insurance professional can provide solutions that may help shield your business from financial loss.