Understanding Title III of ADA compliance

In the United States, the Americans with Disabilities Act (ADA) is one of the most well-known and comprehensive civil rights laws intended to prevent discrimination against individuals with disabilities. Title III of the ADA focuses on the role accommodations play in ensuring accessibility in both public and commercial facilities and sets clear expectations for how facility owners and managers can ensure their physical and virtual spaces are accessible to all.

Understanding Title III of ADA compliance is essential for business owners, property owners and even web developers, as physical and virtual accessibility is paramount to ensure equal access for all community members. Let’s take a closer look at the expectations and requirements set forth in Title III of the ADA and explore some best practices for ensuring comprehensive compliance.

Title III of the ADA: The basics

The tenets of Title III of the ADA apply to businesses that are open to the public as well as ground transportation services and educational testing services. Additionally, US courts and the Department of Justice have consistently maintained that the provisions of Title III also apply to virtual spaces like websites and mobile applications that intended for use by the public.

The function of Title III is to prevent and prohibit discrimination against individuals with disabilities in places of public accommodation and to ensure that those with disabilities have equal access to the same goods and services enjoyed by community members without disabilities. In addition to prohibiting the outright refusal of services on the basis of disability, Title III also prohibits the unintentional disenfranchisement of those with disabilities as the result of inaccessible facilities and/or communications.

In short, Title III applies to businesses, nonprofit organizations and other private entities that serve the public. The law mandates that these entities remove physical and digital barriers to accessibility and provide reasonable accommodations for individuals with disabilities on a consistent and ongoing basis.

Who does Title III apply to?

Under Title III, public accommodations refer to private businesses and facilities open to the public, such as:

• Restaurants and hotels
• Retail stores and shopping centers
• Theaters and entertainment venues
• Schools and universities
• Healthcare facilities, including hospitals and private clinics
• Transportation terminals
• Recreational facilities such as gyms, amusement parks and zoos
• Daycare centers and senior care facilities

Title III also applies to educational testing services such as college entrance exams, professional competency exams and licensing exams and establishes that private testing entities have a legal obligation to provide accommodations for test-takers with disabilities.

While most public accommodations and commercial facilities are subject to the requirements of Title III of the ADA, there are a few exceptions to these requirements. Specifically, Title III does not generally apply to private clubs (unless their facilities are regularly made open to the public) and does not apply to religious entity. This religious exemption not only applies to places of worship but typically extends to any public facility owned and operated by a religious entity, such as pre-schools or homeless shelters.

What are the key provisions of Title III?

Entities classified as public accommodations ─ such as those listed above ─ must ensure their services and facilities are accessible to people with disabilities by adhering to the requirements set forth in Title III. Here is a brief overview of the major provisions of this accessibility legislation.

New construction and modifications

Title III mandates that any new commercial construction must comply with the ADA Standards for Accessible Design. This includes:

• Installing wheelchair ramps and elevators where necessary
• Ensuring doorways and hallways are wide enough for wheelchair access
• Incorporating accessible restrooms with grab bars and adequate space
• Providing designated accessible parking spaces

Additionally, existing buildings undergoing renovations must incorporate these accessibility standards wherever feasible as part of their renovation process.

Removing existing architectural barriers

For businesses operating in older buildings, Title III requires the removal of physical barriers when it is “readily achievable.” This means that modifications must be made if they are easily accomplishable without excessive difficulty or expense.

The DOJ recognizes that the cost of these modifications can be unduly burdensome for some small businesses, which is why the language of the legislation specifically stipulates that modifications must be readily achievable rather than utilizing a case-by-case exemption approach.

Common adjustments that might be made to existing facilities may include:

• Installing ramps or curb cuts
• Widening doorways for wheelchair accessibility
• Adding accessible signage and Braille indicators
• Ensuring service counters and checkout aisles are accessible

While making all these changes may not be feasible for all businesses, many of these accommodations are well within reach of most entities and should be adopted accordingly. By taking steps to make any and all possible adjustments and accommodations, businesses can more reliably support all members of their communities while complying with ADA requirements.

Enhancing web accessibility

While the ADA does not explicitly mention digital accessibility, courts and the Department of Justice have increasingly interpreted Title III to apply to websites and mobile applications. Because digital platforms play such an integral role in many business operations, businesses that qualify as public accommodations must ensure that their digital platforms are just as accessible to users with disabilities as their physical spaces.

Some examples of digital accessibility accommodations include:

• Providing text alternatives for images
• Ensuring screen reader compatibility
• Offering keyboard-navigable site structures like shortcuts
• Utilizing appropriate, easy-to-read visual elements and color contrast
• Adding captions to multimedia content and video calls
• Offering audio description of video content
• Providing written transcripts of audio-only materials like podcasts or guided audio tours

Modern consumers have come to expect easy and equitable access to digital spaces and experiences. Subsequently, non-compliance with ADA Title III website accessibility standards can not only result in lawsuits and financial penalties but can cause significant reputational damage for businesses and their representatives.

Legal ramifications of non-compliance

As previously discussed, failing to comply with Title III of the ADA can lead to significant and business-altering consequences, including:

• Private lawsuits: Individuals who experience disability discrimination can sue businesses for non-compliance, which may lead to costly settlements and burdensome court fees.
• DOJ enforcement: The DOJ makes it easy for members of the public to file non-compliance complaints and may take legal action if an investigation reveals that a business did, in fact, fail to adhere to Title III requirements.
• Civil penalties: Businesses found in violation of Title III can face fines, with penalties reaching up to $75,000 for the first offense and $150,000 for subsequent violations.

Tips for ensuring Title III compliance

Given all the information outlined above, it is critical for business owners and operators to take proactive steps to ensure compliance with Title III of the ADA. Here are a few ideas for staying one step ahead of ADA guidelines while providing more equitable and enjoyable experiences to all community members:

• Conduct regular accessibility audits of physical locations and digital platforms
• Incorporate ADA-compliant signage, ramps and other accessibility features into architectural designs and renovation plans
• Provide ongoing accessibility training for management, administration and staff to ensure institution-wide accessibility awareness
• Invest in assistive technology solutions like captioning, transcription and audio description for digital content and communications
• Utilize accessible design principles in online spaces like websites and mobile applications

By taking these steps, businesses can not only comply with Title III but also set themselves apart within their communities as entities that value equity and inclusion.

Stay current with Verbit

As our world continues to evolve, so does the ADA and its expectations. Subsequently, it is vital for business leaders to stay educated and informed about the most current standards set forth by accessibility legislation like Title III of the ADA. By adhering to these guidelines and investing in the accessibility of both physical and digital spaces, organizations can avoid legal risks, enhance customer satisfaction and foster inclusivity within their communities.

Verbit offers a wide variety of accessibility solutions designed to help businesses and organizations streamline their compliance efforts without straining valuable resources. Verbit’s captioning, transcription and audio description technologies are highly customizable and designed to support a wide variety of accessibility initiatives at scale.

If you’re interested in learning more about how Verbit’s industry-leading platform can help your business stay one step ahead of evolving accessibility legislation, reach out today to speak to a member of our team.