ADA Frequently Asked Questions

When does a Title III entity have to provide an interpreter?
What is the difference between a "commercial facility" and a "public accommodation?"
Does the ADA allow public accommodations to take safety factors into consideration in providing services to individuals with disabilities?
Are there limitations on the ADA's barrier removal requirements for existing facilities?
If the employee parking and the accessible parking spaces for employees is located a great distance from entrance, must the company allow an employee with a disability to park in the "client" parking area?
Who pays for the state relay services?
I have a disability, what are my rights under the ADA?
Does a private day care operation in the basement of a church have any responsibilities under the ADA?
Do all the restrooms on each floor of a three-story office building have to be accessible?

When does a Title III entity have to provide an interpreter?

What is the difference between a "commercial facility" and a "public accommodation?"

Don't let the word "commercial" confuse the issue. A commercial facility and a public accommodation are both located in a commercial real estate facility. A public accommodation is a business that invites the public to enter its facility to purchase the goods or services it has for sale. On the other hand, a commercial facility is a nonresidential facility whose operations affect commerce and is restricted to employees only and is exemplified by a warehouse or office building which does not allow the public to enter. A single commercial real estate building can house both a tenant who is a public accommodation (e.g. restaurant) and a commercial facility (e.g. book distribution center that only handles orders over the phone). A public accommodation must remove barriers in a more proactive way than a commercial facility.

Does the ADA allow public accommodations to take safety factors into consideration in providing services to individuals with disabilities?

The ADA expressly provides that a public accommodation may exclude an individual, if that individual poses a direct threat to the health or safety of others that can not be mitigated by appropriate modifications in the public accommodation's policies or procedures, or by the provision of auxiliary aids. A public accommodation will be permitted to establish objective safety criteria for the operation of its business; however, any safety standard must be based on objective requirements rather than stereotypes or generalizations about the ability of persons with disabilities to participate in an activity.

Are there limitations on the ADA's barrier removal requirements for existing facilities?

Yes. Barrier removal need be accomplished only when it is "readily achievable" to do so. Readily achievable is defined as easily accomplishable and able to be carried out without much difficulty ore expense. In other words, cheap and easy. While this rule applies to existing buildings, all NEW facilities and alternations to existing facilities must be accomplished in compliance with the ADA. Please note, there is a 50% tax CREDIT available to small business for expenses incurred to remove barriers from existing facilities.

If the employee parking and the accessible parking spaces for employees is located a great distance from entrance, must the company allow an employee with a disability to park in the "client" parking area?

Most likely not. Many factors need examining. Is there a minimum number of "client" parking spaces where the loss of one space would fundamentally alter the operation of the business or violate the local building code for parking? Is there more than one employee who needs a closer parking area than the regular employee parking lot? If so, maybe the solution is a shuttle service or valet type parking service. Remember that the employer's obligation is to provide a reasonable accommodation to allow employees with a disability to perform the essential functions of their job unless the accommodation would result in an undue hardship or fundamentally alter the nature of their programs.

Who pays for the state relay services?

A 5 cent to 10 cent surcharge is added to each person's regular monthly phone bill. This revenue pays for the relay service.

I have a disability, what are my rights under the ADA?

A person with a disability as defined by the ADA has the civil rights protection similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local Government services, and telecommunications.

Does a private day care operation in the basement of a church have any responsibilities under the ADA?

Yes. The day care operation is a public accommodation and as such, falls under Title III of the ADA. A Title III entity is required to remove all barriers whose removal is readily achievable and to modify those policies which discriminate against people with disabilities unless such modification would fundamentally alter the goods, services, or operations of the program.

Do all the restrooms on each floor of a three-story office building have to be accessible?

It depends. The answer is "yes" if the bathrooms are open to the public and it is readily achievable to make the needed modifications in the case of Title III entities. Title II entities would need to make all the bathrooms accessible if it was not an undue burden and the accessible bathrooms were needed to make its programs accessible. The answer is "no" if the existing bathrooms are for the use of employees only in which case the modifications are only required when it is necessary as a reasonable accommodation.