The Americans with Disabilities Act (ADA) imposes two kinds of obligations on businesses. One is that they need to be equally accessible to people regardless of their medical condition. Companies should make every reasonable effort to allow people of all ability levels to have the same access. Factors including how companies structure their websites and whether those with mobility challenges can access a physical space affect ADA compliance.
Businesses may also be subject to ADA rules related to their treatment of employees who have medical challenges. Rules about making facilities accessible to the public generally apply universally to businesses of all sizes. However, there are limits to the rules about employee accommodations under the ADA.
When does the ADA apply to a small business that employs members of the local community?
Some small businesses may be exempt
The ADA requires that businesses offer reasonable accommodations to workers with disabling medical conditions. Those accommodations can include work-from-home arrangements, accessible work facilities and even assistive technology such as devices that help those with visual impairments use computers.
Typically, businesses have to have at least 15 employees for ADA provisions about reasonable accommodations to apply. Once a business reaches that 15-employee threshold, workers who have medical conditions can request accommodations. In some scenarios, small businesses can still deny accommodation requests without overtly violating the ADA.
Accommodation requests must be reasonable
A business that has 20 employees may generate enough revenue to pay for wages and facilities, but it may not have a large profit margin. Remodeling the building or investing thousands in assistive technology may be cost prohibitive. In some cases, small businesses that are subject to the ADA can refuse accommodation requests because they represent an undue hardship.
If the business has to incur a significant financial obligation that might make it insolvent, the accommodation might not be reasonable. Businesses can refuse requests if accommodating a worker could cause undue hardship. Both financial costs and disruption to business operations can be sources of undue hardship.
Business owners who understand employment laws, including the ADA, can protect themselves against litigation that could strain a company’s budget. Successful small businesses do need to comply with the ADA when they have enough employees, but the rules limit what demands workers can make.