ADA Compliance for HHS

Published on Jul 16, 2024
by Grace Roundtree

Americans with Disabilities Act of 1990 

ADA compliance refers to adhering to the standards set by the Americans with Disabilities Act (ADA), a landmark civil rights law enacted in 1990. The ADA prohibits discrimination against individuals with disabilities in various areas of public life including employment, public services, public accommodations, telecommunications, and more. ADA compliance ensures equal access to opportunities and services for everyone under federal law in inclusive settings.   

What Does ADA Compliance Mean 

ADA compliance ensures that individuals with disabilities have the same rights and opportunities as everyone else by removing barriers. This involves making reasonable modifications to policies, practices, and spaces to accommodate people with disabilities. This ADA compliance guide lists several key areas to provide equal access:   

 Title I Employment: Employers must provide reasonable accommodation for employees with disabilities. Discrimination in hiring, promotions, and other employment aspects is strictly prohibited. Whether the workspace is physical, or virtual all necessary accommodations still apply.  

For virtual workers utilize Web Content Accessibility Guidelines (WCAG) 2.1, an ADA compliance checklist for websites. Examples of reasonable accommodations include modifying work schedules, providing assistive technology, and making workspace alterations.  

Title II Public Services: State and local governments must assure their services, programs, and activities are accessible to individuals with disabilities. This includes making buildings accessible, providing sign language interpreters, and ensuring public transportation can be easily used by those with disabilities. 

Title III Public Accommodations: Businesses and non-profit organizations that serve the public must make reasonable modifications to fortify accessibility. This includes restaurants, hotels, retail stores, and other public venues. All new constructions and significant alterations must comply with accessibility requirements. Inclusive design includes having accessible entrances, restrooms, and seating areas for people with disabilities. 

Title IV Telecommunications: Telecommunication companies must provide services that allow individuals with hearing or speech disabilities to communicate over the phone. This includes providing telecommunications relay services (TRS) and ensuring that public telephones are user-friendly for people with hearing aids. 

Title V Miscellaneous Provisions: Miscellaneous provisions cover individuals who enforce their ADA rights. This includes providing technical assistance to help entities comply with the ADA. 

Who Is Exempt from ADA Compliance 

While the ADA aims to be extensive, certain groups are exempt from its requirements such as private clubs and religious organizations. Private clubs are not open to the public and have selective membership criteria. Religious organizations, including places of worship, are also exempt from Title I of the ADA but not from Title III.  

If these groups were to operate buildings open to the public such as schools or hospitals those facilities must comply with all ADA standards. Being highly accommodating can benefit both their customer base and community reputation. 

How to Check ADA Compliance 

Ensuring ADA compliance involves several steps: 

  1. Conduct an Accessibility Audit: Examine your physical spaces, digital content, and policies to identify any barriers for those with disabilities. This can include building accessibility to website functionality. For more assurance, enlisting an expert in accessibility audits can provide valuable insights and secure a detailed evaluation.
  2. Implement Necessary Changes: Based on the completed audit, make modifications to remove any barriers. This may involve physical changes such as installing ramps, widening doorways, and modifying restrooms to make them more accessible. For digital content, confirm websites are accessible by following the Web Content Accessibility Guidelines (WCAG).
  3. Train Your Staff: Educate employees about ADA requirements for accessibility and best practices for serving individuals with disabilities. Training should cover how to provide reasonable accommodations and maintain an inclusive environment. Regular training sessions can keep staff informed about new regulations and best practices.
  4. Monitor and Review: Regularly review your practices and facilities to certify ongoing compliance. It is necessary to remain informed of any changes in ADA regulations and guidelines. Regular self-assessments and feedback from employees and customers with disabilities can help identify areas for improvement.
  5. Engage with the Community: Engage with disability support organizations and individuals with disabilities to better understand their needs and challenges. This can provide valuable feedback and promote a more inclusive community.

In Review 

ADA compliance is a great way to foster inclusivity and equality. Ensuring ADA compliance is a continuous process that requires commitment, education, and engagement.  

By knowing what ADA compliance entails, organizations can help create a space where everyone feels valued and respected. Prioritizing accessibility and inclusivity benefits everyone, paving the way for a more equitable and inclusive future.