The Americans with Disabilities Act (ADA) has been a cornerstone of accessibility and inclusion legislation in the United States since its enactment in 1990. This federal law was designed to help protect the civil rights of Americans with disabilities by setting forth certain expectations and requirements pertaining to public spaces, employment and other public services.
While the standards enumerated in the ADA play a vital role in ensuring equal access for all Americans, the ADA also recognizes that not all organizations can feasibly meet its requirements. For this reason, there exist several exemptions that can help certain businesses and entities streamline their compliance efforts. Let’s look at who qualifies for some of these exemptions and explore why businesses of all shapes and sizes should strive for accessibility on a scale that works for them.
Understanding ADA compliance exemptions
ADA compliance exemptions play a critical role in clearly defining the scope of the nation’s most consequential accessibility law. While the ADA aims to ensure accessibility for all, certain organizations may not be legally required to adhere to every provision. Generally, the exemptions apply in situations where compliance with some portion of the ADA’s guidance may prove unduly burdensome for a small business or other private entity.
Misinterpreting these exemptions, however, can lead to costly legal disputes and reputational damage. This is why it is critical for business owners and operators to understand who actually qualifies for ADA exemptions and how to take advantage of any extensions that may be applicable to them without disenfranchising members of their communities.
Who is exempt from the ADA?
The requirements of the ADA broadly apply to all businesses (including nonprofits) that serve the public. This means public spaces like restaurants, banks, hotels and even public transportation must be designed and operated in such a way as to ensure maximum accessibility for those with disabilities. The ADA also applies to telecommunications providers, so entities like phone companies must also provide reasonable accommodations for customers with hearing disabilities, for example.
There are, however, a few documented exemptions to the requirements of the ADA. Entities that might be exempt from certain ADA provisions include private clubs, religious organizations and very small businesses. Below is a detailed exploration of these exemptions:
Private clubs and religious organizations
Private membership clubs and religious organizations are often exempt from ADA requirements. These entities typically operate in non-public spaces and serve specific member groups or congregations. For example:
- Private clubs: These are organizations that limit membership and operate exclusively for members’ benefit. They may include country clubs, fraternal organizations or exclusive societies. It is important to note that simply because an organization requires some kind of membership fee does not mean that the organization is automatically considered a club and therefore exempt from the protections of the ADA.
- Religious organizations: Churches, mosques, synagogues and other religious entities are not required to comply with ADA regulations, even if they host public events. This exemption also applies to other businesses that may be operated by a religious organization, such as a preschool that operates as part of a local church.
Very small businesses
The requirements outlined in Title I of the ADA apply to businesses with 15 or more employees, meaning very small businesses with fewer than 15 employees are generally exempt from employment-related ADA provisions. However, this ADA small business exemption does not extend to Title III, which governs physical and digital accessibility for public accommodations. Thus, small businesses must ensure their facilities and websites are accessible to customers, regardless of employee count.
Clarification of exemption criteria
To qualify for these exemptions, organizations must meet specific criteria, such as membership exclusivity for private clubs or religious function for places of worship. Businesses seeking to claim an exemption should document their qualifications carefully and consult legal counsel to verify their status.
Business leaders should never just assume that their organization will be exempt from some or all of the ADA’s requirements, as non-compliance with accessibility legislation can be the impetus for substantive legal action against a business entity. Additionally, just because a business qualifies for an ADA exemption does not mean that that same business will not be subject to more local guidance or ordinances pertaining to accessibility. For this reason, it is important for businesses to carefully research any and all local guidelines that may affect them directly.
What you need to know about small business exemptions
For small businesses, understanding ADA exemptions can significantly impact operational planning and help to protect business owners from potential legal challenges. Small business owners should be aware that, generally speaking, any business with fewer than 15 employees is considered exempt from Title I of the ADA. Title I of the ADA specifically prohibits a business from discriminating against potential employees with disabilities in “job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment.”
While businesses with fewer than 15 employees are exempt from Title I’s employment provisions, they must still comply with Title III of the legislation which dictates that business entities must:
- Ensure physical spaces meet ADA standards for public accommodations.
- Take steps to enhance the accessibility of their online content and communications
- Provide reasonable modifications to policies and procedures to accommodate customers with disabilities.
Even if a small business technically qualifies from exemptions from ADA compliance, it is still highly advisable that these business owners remember to keep accessibility in mind within their workplace. Accessibility is not just a legal requirement; it is a moral imperative. Failing to embrace inclusive practices in a business’s hiring or other daily operations can leave community members feeling disenfranchised and excluded, which may have an impact on a small business’s local reputation in the long run.
What about historic preservation?
Buildings or sites with historical significance often face unique challenges in meeting ADA requirements. While the ADA includes provisions for historic preservation, these exemptions are not absolute. These exemptions essentially say that anyone who operates a historically significant space is still expected to prioritize accessibility to the greatest extent possible while recognizing that it may not be reasonable to expect owners and operators of these spaces to comply with all modern ADA requirements.
Buildings and other locations of historical significance may not be able to comply with ADA requirements pertaining to doorway or hallway width, for example. However, these businesses should still take all steps possible to maximize accessibility in other ways for visitors with disabilities. This may look like adding a wheelchair accessible ramp to the exterior of a historical site or ensuring there is adequate parking available for visitors with disabilities.
Website accessibility considerations
While the internet was in its infancy when the ADA was first passed by the United States Congress, the legal system has continuously upheld that the requirements of the ADA should extend to virtual spaces as well as physical ones. Digital accessibility is absolutely vital in today’s increasingly virtual world since so much of our time is spent online or on technological devices.
Despite there being exemptions for certain business entities as outlined above, these exceptions are less cut-and-dry with respect to digital accessibility. That’s why it’s critical for businesses to take steps to ensure their websites are accessible and inclusive for all users. By following the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG), business owners can streamline the accessibility of their digital content and avoid the legal and professional consequences associated with non-compliance.
The WCAG outlines several recommendations for ensuring that all digital spaces are perceivable, operable, understandable and robust for all users. To that end, web developers and business owners are encouraged to use tools like captioning, transcription, audio description, alternative text and more to enhance the accessibility of their digital content and communications.
What are the consequences of misinterpreting exemptions?
Misunderstanding or misapplying ADA exemptions can have severe repercussions for businesses and their constituents. First and foremost, there are very real legal penalties associated with ADA non-compliance. Businesses that incorrectly assume they are exempt from the requirements of the ADA may face serious consequences like fines, lawsuits and legal fees.
Additionally, failing to comply with accessibility requirements can negatively result in a business delivering sub-par experiences to clients and community members, thus damaging their public representation. Customers deserve to feel welcomed and respected by the businesses they frequent, and accessibility shortcomings can often impact the overall customer experience in potentially harmful ways.
Recommendations for businesses
To navigate ADA compliance effectively, businesses should:
Consult ADA experts or legal counsel: Professionals can clarify exemption criteria and help businesses assess their obligations while working to foster accessibility within their organizations.
- Consult ADA experts or legal counsel: Professionals can clarify exemption criteria and help businesses assess their obligations while working to foster accessibility within their organizations.
- Document compliance efforts: Maintain records of accessibility improvements, consultations and exemption qualifications to prepare for potential inquiries. Being prepared is the best way to prevent unintended consequences associated with non-compliance.
- Invest in training: Encourage staff to participate in ADA workshops to stay informed about compliance and exemption updates.
- Provide Accommodations: Proactively researching and implementing accessibility tools like captioning, transcription and audio description platforms can help businesses stay one step ahead of changing accessibility requirements while delivering more positive experiences to clients and employees.
- Consult Resources: There are a number of resources available to business owners looking to better understand the requirements of the ADA. For example, the ADA National Network and ADA.gov provide a robust assortment of educational resources for business owners looking to better understand the real-world implications of accessibility legislation.
A critical consideration
ADA compliance is a critical consideration for businesses and public entities, even for those potentially eligible for exemptions. Not only does non-compliance pose potential legal risks, it can be a source of distress and discomfort for community members, clients and employees. That’s why it’s so important for business owners to carefully assess whether they may qualify for any of the discussed ADA exemptions for small businesses and then determine what kinds of accessibility accommodations they may still be able to implement within their organization.
Consulting with ADA experts and investing in accessibility tools and training can all be effective strategies for helping business entities navigate the complex landscape of accessibility legislation. If you are interested in learning more about some of the tools and resources available to support businesses of all shapes and sizes in their ADA compliance efforts, reach out today to speak to a member of the Verbit team about incorporating our assistive technology solutions into your in-person and digital business operations.