ADA -- Public Accommodation Desk Reference 2010

THE AMERICANS WITH
DISABILITIES ACT
Public Accommodations

T A B L E O F C O N T E N T S

OVERVIEW OF THE LAW ...............................................................2
COVERAGE ....................................................................................2
PUBLIC ACCOMMODATIONS ......................................................3
COMMERCIAL FACILITIES ..........................................................5
EXAMINATIONS AND COURSES ................................................6
EXEMPTIONS FOR PRIVATE CLUBS AND
RELIGIOUS ORGANIZATIONS .....................................................7
OBLIGATIONS IMPOSED ONLY
ON PUBLIC ACCOMMODATIONS ...............................................7
A. General Anti-Discrimination Prohibitions ......................7
B. Integrated Settings ...........................................................8
C. Specific Requirements ...................................................10
1. Eligibility Criteria .......................................................10
2. Modification of Policies .............................................10
3. Auxiliary Aids & Services ...........................................11
4. Barrier Removal .........................................................12
5. Retaliation ..................................................................14
6. Limitation on Title III Obligations ............................15
OBLIGATIONS IMPOSED ON BOTH COMMERCIAL
FACILITIES AND PUBLIC ACCOMMODATIONS ......................15
A. New Construction ............................................................15
B. Alterations .......................................................................16
ENFORCEMENT OF TITLE III’s PROVISIONS ..........................19
CONCLUSION ............................................................................20

©2010 Fisher & Phillips LLP

This booklet should not be construed as legal advice or legal opinion on any specific
facts or circumstances. You are urged to consult your lawyer concerning your particular
situation and any specific legal questions you may have. Employers are specifically
encouraged to consult an attorney to determine whether they are subject to other unique
state requirements that extend beyond the scope of this booklet.

T
he Americans with Disabilities Act (ADA) established a
new protected class, aimed at ensuring that individuals
with disabilities are more fully included in all segments of
society. Title I of the ADA deals with the employment
aspects of the law. The rights and obligations of employers
under Title I were outlined in a previous booklet in this
series.

ADA’s Title III is entitled Public Accommodations and
Services Operated by Private Entities. It requires owners
and operators of businesses to accommodate disabled
patrons, customers, and members of the public generally to
the greatest extent possible. The purpose of Title III is to
ensure that individuals with disabilities are able to partici-
pate more fully in society through improved access to pub-
lic places including commercial establishments, hotels,
shopping centers and entertainment and sporting events.

This booklet provides an overview of the requirements
imposed on private entities to comply with this law. While
in-depth coverage of Title III is not possible within this lim-
ited space, our goal is to provide a quick source of prelimi-
nary information for busy executives.

1

OVERVIEW Title III of the ADA prohibits certain private entities (“places
of public accommodation”) from discriminating against
OF THE LAW individuals with disabilities by maintaining places of busi-
ness that are physically inaccessible to the disabled or
through policies which do not provide equal access. State
and local governments are regulated by Title II of the ADA,
while the federal government and federally funded activities
are covered by Sections 501 and 504 of the Rehabilitation
Act of 1973. (This booklet covers only Title III)

The Act protects three categories of individuals with dis-
COVERAGE abilities:

1. those who have a physical or mental impairment
that substantially limits one or more major life
activities. Physical or mental impairments can
include such things as physiological disorders,
cosmetic disfigurements, anatomical loss or psy-
chological disorders.

2. those who have a record of a physical or mental
impairment that substantially limits one or more
major life activities; and

3. those who are regarded as having such an
impairment, whether they actually have the
impairment or not.

Major life activities include activities such as caring for
one’s self, walking, seeing, hearing, speaking, breathing,
learning and working. The term also includes bodily func-
tions such as the immune system, normal cell growth,
digestive, bowel, bladder, neurological, brain, respiratory,
circulatory, endocrine and reproductive functions. Title III
applies to all public accommodations and to a lesser extent

2

commercial facilities, and private entities offering exami-
nations or courses for professional or trade purposes. Each
is dealt with separately below.

A public accommodation is defined as a “private entity
PuBLIC which affects commerce.” It typically includes all private
ACCOMMO- businesses that offer goods and services to the public,
DATIONS although an establishment is not automatically considered
a public accommodation merely because non-employees
occasionally enter the facility.

If individuals frequent your facility to utilize your ser-
vices, the areas open to the public should be accessible to
persons with disabilities. In the case of a landlord and ten-
ant, both have joint responsibility to ensure that their facil-
ity is accessible to individuals with disabilities. The land-
lord and tenant may both be liable in the event of a lawsuit
regardless of any provision in a lease which stipulates dif-
fering levels of responsibility.

Definitions of Public Accommodations. Title III has
defined places of public accommodation as the following :

• places of lodging – an inn, hotel or motel;

• establishments serving food or drink – a res-
taurant or bar;

• places of exhibition or entertainment – a
motion picture house, theater, concert hall or
stadium;

• places of public gathering – an auditorium,
convention center or lecture hall;

3

• sales or rental establishments – a bakery,
grocery store, clothing store, hardware store,
shopping center. This applies to wholesale as
well as retail sales businesses which sell to
individuals but does not apply to wholesale
establishments which sell only to other busi-
nesses;

• service establishments – a laundromat, dry
cleaner, bank, barber shop, beauty shop, trav-
el service, shoe repair service, funeral parlor,
gas station, office of an accountant or lawyer,
pharmacy, insurance office or professional
office of a health care provider;

• stations used for specified public transporta-
tion – a terminal or depot;

• places of public display or collection – a
museum, library or gallery;

• places of recreation – a park, zoo or amuse-
ment park;

• places of education – a nursery, elementary,
secondary, undergraduate or post-graduate
private school, or other place of education;

• social service centers – a day care center,
senior center, homeless shelter, food bank or
adoption agency; and

• places of exercise or recreation – a gymnasi-
um, health spa, bowling alley or golf course.

Your facility must fall within one of these categories to
qualify as a public accommodation, but the examples listed
within each category are not exhaustive.

4

Moreover, a single area or part of an establishment may
be classified as a place of public accommodation. For
example, if a doctor maintains his or her office at home,
that part of the home used as an office, including the
entrance and the office itself, is considered a public accom-
modation. By the same token, a rental office within an
apartment complex is considered a public accommodation,
but the individual apartments are not.

COMMERCIAL Commercial facilities are defined as facilities operated by
private entities. Commercial facilities must comply with
FACILITIES the “new construction” and “”alteration” sections of Title
III but not with the general anti-discrimination provisions
applicable to public accommodations or the barrier removal
requirements, both of which are discussed below. If por-
tions of a commercial facility are open to the public, that
portion may be subject to the additional requirements
which apply to public accommodations outlined in this
booklet.

Examples of commercial facilities include:

• factories;

• warehouses;

• office buildings that do not contain entities
defined as public accommodations;

• other buildings in which employment may
occur;

• wholesale establishments that sell exclusive-
ly to other businesses;

• private airports.

5

Aircraft, railroad locomotives, cabooses, freight cars,
passenger cars, and any facility covered by the Fair
Housing Act or specifically exempt from coverage under
the Fair Housing Act are exempt from the definition of
commercial facilities. Public accommodations and com-
mercial facilities are both subject to Title III’s require-
ments for new construction and alterations.

EXAMINATIONS Titlecourses related to applications,that offer examinations
and
III requires private entities
licensing, certification,
AND COuRSES or credentials for professional or trade purposes to be
accessible to individuals with disabilities. If a course or
examination cannot be offered in ways that accommodate
individuals with disabilities, alternative accessible
arrangements must be provided. In order to ensure that
individuals with disabilities can take examinations, the
necessary accommodations must be determined by looking
at the particular circumstances and at the abilities of each
individual.

In addition, examinations and courses must be offered
at times and locations that are equally as convenient and
occur as frequently as those offered to individuals without
disabilities. For example, a nurse licensing exam that is
administered in a warm, well-lit, second floor classroom is
not accessible to an individual who uses a wheelchair. The
Nursing Board may allow that individual to take the exam
in a room located on the first floor as long as that room is
also well-lit and heated.

6

EXEMPTIONS A club classified as private pursuant to Title II of the Civil
Rights Act of 1964 and religious organizations or entities
FOR PRIVATE controlled by religious organizations, are exempt from Title
CLuBS AND III’s requirements. Despite the exemption, a private child
RELIGIOuS care facility operating in space leased from a church would
have to comply with Title III, although the church, or a day
ORGANI- care facility run by the church would not. However, if the
zATIONS day care center operated in space donated by a religious
organization, the exemption from coverage would apply to
the private day care center as well as the church. A private
club loses its exemption when the club is rented to an out-
side organization.

OBLIGATIONS Title III specifies that no individual with a disability mayser-
discriminated against or denied the full use of “goods,
be

IMPOSED ONLy vices, facilities, privileges, advantages or accommodations”
ON PuBLIC offered by a public accommodation. The phrase “goods,
ACCOMMO- services, facilities, privileges, advantages or accommoda-
tions” applies to whatever type of goods or services your
DATIONS public accommodation provides to your customers and cli-
ents. The goal is to ensure that a public accommodation
provides essentially the same opportunities to individuals
with disabilities as it provides to all other individuals.

A. General Anti-Discrimination Prohibitions

A public accommodation must provide individuals with dis-
abilities:

• equal opportunities to participate. For example, a
restaurant cannot refuse to admit an individual
simply because the individual has a mental
impairment;

7

• opportunities to benefit from its goods and services. For
example, theaters may not restrict individuals with dis-
abilities to attendance at selected performances;

• benefits that are as close as possible to those received by
all other individuals. However, separate programs for
individuals with disabilities are permissible when neces-
sary to ensure that they are provided with equal opportu-
nities. Individuals with disabilities may not be required
to accept “special” programs and cannot be excluded
from regular programs. For example, a private health
club may sponsor a separate basketball league for indi-
viduals who use wheelchairs. Despite the fact that such
a league exists, an individual who uses a wheelchair
cannot be denied the opportunity to participate in the
regular basketball league unless some other limitation
applies, such as the exclusion is necessary for the safe
operation of the league.

In addition, your public accommodation must not
apply standards to individuals with disabilities that have
the effect of discriminating against them based on their
disabilities.

Example: requiring a driver’s license as the only
acceptable identification to cash a check would prevent
disabled persons who cannot obtain a license from cash-
ing a check.

B. Integrated Settings

Title III requires that goods, services, facilities, privileges, advan-
tages and accommodations are provided to individuals with dis-
abilities in the most integrated setting appropriate to their needs.
Unfortunately, Title III provides only limited guidance regarding
what constitutes the most integrated setting.

8

The concept of integration includes two basic principles:

• individuals with disabilities cannot be excluded,
segregated or denied equal opportunities based on
stereotypes, fears, patronizing attitudes or pre-
sumptions regarding their abilities, and

• any modifications made for persons with disabili-
ties must be offered as a choice, not a “require-
ment.”

Generally, individuals with disabilities may not be
required to participate in separate programs designed
exclusively for them, nor may they be segregated from the
larger society; they must have the same opportunities to
participate in routine activities within the environment as
all other citizens.

Public accommodations have the duty to maintain in
working condition to the maximum extent feasible, the
features that make the public accommodation physically
accessible to individuals with disabilities. This includes
maintaining accessible elevators, ramps, routes, doors, etc.
For example, a building manager of a three story building
cannot turn off the elevators during normal business hours
to cut costs, although he would be able to do so in order to
provide routine maintenance.

You may not deny access to goods or services to individ-
uals with disabilities because your insurance carrier has
indicated that insurance coverage does not apply (or rates
will increase) if individuals with disabilities are allowed to
enter your facility.

You may deny goods or services to individuals with dis-
abilities if their participation would result in direct threat
to the health and safety of others, but only when this threat
cannot be eliminated through an alteration of policies,
practices or procedures.

9

The decision regarding whether an individual with a
disability poses a “direct threat” must be individualized
and based on reasonable judgments that rely upon up-to-
date medical evidence or the best available evidence to
determine:

• the nature, duration and severity of the threat;

• the probability that the threat will occur; and
• whether reasonable modifications of policies, prac-
tices or procedures will diminish the threat.

Example: A little league baseball organization violated
the ADA by banning a wheelchair bound coach from the
field based on safety considerations, without first mak-
ing an “individualized and reasonable assessment.”

C. Specific Requirements

Title III contains specific examples of conduct which violates
the general rule prohibiting discrimination. For example:

1. Eligibility Criteria

You may not impose special eligibility criteria that deny
individuals with disabilities full and equal enjoyment of
your goods and services, unless it can be shown that the
criteria are necessary in order to provide the goods and
services or to ensure the safe operation of your public
accommodation. Safety requirements may not be based on
speculation, generalizations or stereotypes.

2. Modification of Policies

You must make reasonable modifications in policies, prac-
tices, or procedures which allow you to provide goods and
services to individuals with disabilities, unless the modifi-
cations would drastically change (“fundamentally alter”)
the goods, services and privileges.

10

Example: A car rental company has a policy that cars will
not be rented to a customer unless the customer has
worked at his present job for at least one year. A disabled
individual with other sources of income applies to rent a
car. The ADA requires the company to modify its policy to
permit rentals by customers with other adequate sources
of income such as social security, disability benefits or vet-
erans’ benefits.

In addition, while you need not provide personal servic-
es or devices to individuals with disabilities, you must allow
individuals with service animals such as guide dogs to have
access to your facility unless doing so would fundamentally
alter or jeopardize the safe operation of your facility.

3. Auxiliary Aids and Services

You must provide auxiliary aids and services to allow com-
munication by disabled individuals who have impairments
such as vision, hearing or speech impairments that sub-
stantially limit the individual’s ability to communicate,
unless it can be shown that they would fundamentally alter
the nature of your goods and services or pose an “undue
burden,” defined as a significant difficulty or expense. The
goal is to ensure effective communication. The type of
auxiliary aid required to ensure such communication will
vary depending upon the length and complexity of the com-
munication involved.

A “fundamental alteration” is a modification that is so
significant that it changes the basic characteristics of the
goods, services, privileges, advantages or accommodations
offered. Examples of auxiliary aids include, but are not
limited to, qualified interpreters, telecommunication
devices for individuals with hearing impairments (TDDs),
Brailled materials and open or closed captioning. TDDs
must be provided when customers, clients, patients or par-
ticipants, such as hospital patients and hotel guests, are
allowed to make outgoing calls on a regular basis.

11

Example: A deaf individual goes to his physician after
experiencing symptoms of a mild heart attack for a thor-
ough examination and a battery of tests and requests an
interpreter. The physician should arrange for a qualified
interpreter since one is likely necessary for effective com-
munication.

Example: A restaurant may provide a menu in Braille for
a sight-impaired patron, or require that a wait staffer read
the menu to the person.

4. Barrier Removal

You must remove physical barriers and communication
barriers that are structural in nature whenever it is readily
achievable to do so. The obligation to remove these types
of barriers is continuing and a barrier removal that may
not be readily achievable at one point may later be required
when there is a change in circumstances which makes bar-
rier removal possible.

A physical barrier is a part of your facility that hinders
access by people with disabilities. Telephones, drinking
fountains and mirrors that are mounted at a height that is
not “reachable” to individuals using wheelchairs are some
examples. Deep pile carpeting, which may hinder access
to people using wheelchairs and crutches, is another
example.

A communication barrier that is “structural in nature”
is a physical barrier that is a crucial part of the structure of
your facility. Examples of such barriers include conven-
tional signs which are usually inaccessible to those who
have vision impairments, and the absence of adequate
sound buffers in noisy areas that would reduce the noise,
which makes it difficult for individuals with limited hear-
ing to hear. Communication devices such as TDDs, tele-
phone handset amplifiers and digital check out displays are

12

auxiliary aids; therefore, failure to provide them is not a
communication barrier that is structural in nature.

“Readily achievable” is defined as easily accomplish-
able and able to be carried out without much difficulty or
expense. The obligation to remove existing barriers does
not apply to areas of a facility used only by employees, such
as work areas. (However, barrier removal may be a reason-
able accommodation required under Title I when necessary
to accommodate an applicant or employee). In determin-
ing whether barrier removal is readily achievable, courts
will consider factors such as the nature and cost of the
removal, the overall financial resources of the public
accommodation, and the effect of the barrier removal on
the expenses and resources of the facility.

Examples of barrier removal that may be readily achiev-
able include: installing ramps; making curb cuts in side-
walks and entrances; repositioning shelves; repositioning
telephones; widening doors; installing raised toilet seats;
installing audible alarms; and creating designated accessi-
ble parking spaces.

Several priorities in determining which barriers to
modify first are:

• access from public sidewalks, parking or public
transportation;

• access to those areas of a public accommodation
where goods and services are made available to
the public;

• access to restroom facilities; and

• any other remaining barriers which prevent an
individual with a disability from using a public
accommodation’s goods and services.

13

If barrier removal is not readily achievable, you must
take “alternate measures” to make goods and services
available if such measures are readily achievable.
Examples of readily achievable alternate measures include
providing home delivery or curb service, relocating activi-
ties to accessible areas, or the use of portable ramps.
Individuals with disabilities may not be charged for the
costs required to provide such alternate solutions.

Existing places of assembly such as theaters, confer-
ence rooms or auditoriums, are required to provide a rea-
sonable number of wheelchair seating spaces and aisle
seats with removable armrests for individuals with disabil-
ities. The wheelchair seating must be scattered through-
out the seating area and must adjoin an accessible path.
The seating should allow individuals with disabilities to sit
with their companions and to have seating that is indistin-
guishable from the general seating. When such seating is
impossible, you may provide portable seating so that indi-
viduals in wheelchairs may sit with their companions.
This type of seating is not required in spaces with 300 or
fewer seats and no more than six spaces are required in
spaces with 301 to 500 seats.

In addition to complying with Department of
Transportation regulations, public accommodations that
provide transportation to their customers, such as shuttle
buses offered by hotels, private companies, shopping cen-
ters, schools and resorts, must remove barriers to the
extent that it is readily achievable. However, such a public
accommodation is not required to retrofit hydraulic or air
lifts in order to comply with the ADA.

5. Retaliation

A public accommodation may not retaliate against disabled
individuals who exercise their rights under the ADA or
those who help others assert their rights.

14

6. Limitation on Title III Obligations

You are not required to provide individuals with disabili-
ties personal devices such as eyeglasses, hearing aids, per-
sonal aids, personal services or to alter inventory to make
items available for disabled individuals that you would not
carry under ordinary circumstances.

OBLIGATIONS Both public accommodations and commercial facilities
must comply with the new construction and alteration por-
IMPOSED ON tions of Title III. The ADA does not require new construc-
BOTH tion or alterations be undertaken but does require that,
COMMERCIAL when you construct or alter a facility, the construction or
alterations must comply with its requirements.
FACILITIES
AND PuBLIC A. New Construction
ACCOMMO- The new construction provision requires that newly con-
DATIONS structed facilities scheduled for first occupancy after
January 26, 1993, regardless of size, must be readily acces-
sible to and usable by individuals with disabilities to the
extent that it is not structurally impracticable. If a building
was occupied before January 26, 1993, it is not covered by
Title III’s new construction requirements. The “structural-
ly impracticable” exception is very limited and rarely
applied.

“Readily accessible” and “usable by” means that your
facility or part of your facility can be approached, entered
and used by individuals with disabilities.

Compliance with this provision will be considered
structurally impracticable only when the unique character-
istics of the land, such as constructing a building on stilts
in a marsh, prevent the implementation of accessibility
standards. If providing access to individuals with one type

15

of a disability (e.g. physical impairments) is structurally
impracticable, accessibility still must be provided for indi-
viduals with all other types of disabilities. Standards for
accessibility are contained in the ADA Accessibility
Guidelines (ADAAG) which are set forth in an Appendix to
Title III.

Work areas must be constructed so that individuals with
disabilities can approach, enter and exit the area. This
does not require all individual work stations be fully acces-
sible at the time of construction.

For new construction, elevators are not required in
facilities that have less than three stories or with fewer
than 3,000 square feet per floor, unless the facility is a
shopping center, shopping mall, contains the professional
office of a health care provider, or a station used for public
transportation. A shopping mall is either 1) a building with
five or more sales or retail establishments, or 2) a series of
buildings on a common site with five or more sales or retail
establishments.

Those stores listed in the fifth category of places of pub-
lic accommodation (those listed on page 4 of this booklet)
such as a bakery, grocery store, hardware store, etc. are
included within the phrase “sales and retail establish-
ments.” For example, a strip of stores with a grocery, cloth-
ing store, restaurant, dry cleaner, bank and a pharmacy is
not a “shopping center or mall” because only two of the
stores are listed in the fifth category of places of public
accommodation.

B. Alterations

Alterations to public accommodations and commercial
facilities which commenced after January 26, 1992 must be
made so the altered area is “readily accessible to” and
“usable by” individuals with disabilities, to the maximum
extent feasible.

16

An alteration is defined as any change that affects or
could affect the usability of or access to a building or facili-
ty. For example, if the flooring in a store is being replaced,
the new floor must comply with the ADAAG requirements
for non-slip surfaces and carpeting.

The definition of alteration includes, but is not limited
to, remodeling, renovation, rehabilitation, reconstruction,
historic restoration, changes or rearrangement of structur-
al parts or elements, and changes or rearrangement of
walls and full-height partitions. Normal maintenance,
changes to mechanical and electrical systems, painting,
reproofing and asbestos removal are not considered altera-
tions.

“Readily accessible to” and “usable by” individuals with
disabilities means that a facility or part of a facility can be
approached, entered and used by individuals with disabili-
ties. All alterations must comply with the ADAAG.

When alterations are made to a “primary function
area,” an accessible path of travel to the changed area, and
the bathrooms, telephones and water fountains which ser-
vice that area, must be created to the extent that the cost of
the added accessibility is not out of proportion to the over-
all cost of the original alteration. “Primary function area”
is an area where a major activity takes place, such as the
customer service and work areas in public accommoda-
tions and offices and work areas in commercial facilities.
The cost is disproportionate if it exceeds 20% of the origi-
nal alteration.

For example, the customer service area of a dry cleaner
and the area behind the counter are primary function
areas. If the cost exceeds 20%, the path of travel should be
made accessible to the extent that any disproportionate
costs are not incurred. Widening doorways, installing
ramps, making bathrooms accessible, lowering telephones

17

and relocating water fountains are several examples of
alterations that can be considered when determining
whether the 20% disproportionality test has been met.
However, the path of travel requirement does not apply to
alterations to windows, hardware, controls, electrical out-
lets and signs in a primary function area.

Any alterations made to public accommodations eligible
for listing on the National Register of Historic Places or
buildings which have been qualified as “historic” under
state or local law must comply, to the maximum extent fea-
sible, with the ADAAG. If access to a public accommodation
which is a historic property cannot be accomplished with-
out destroying or threatening the property’s historic signif-
icance, you may follow alternative methods of accessibility.
Title III does not apply this alternative method exception to
commercial facilities.

Elevators are not required in facilities that have less
than three stories or with fewer than 3,000 square feet per
floor, unless your facility is a shopping center, shopping
mall, contains a professional office of a health care provid-
er or a station used for public transportation. If your facili-
ty is not eligible for this exemption, you still may not be
required to install elevators if the cost of installation is out
of proportion with the cost of the overall alteration.

18

ENFORCEMENT Private individuals who are discriminated against in viola-
tion of Title III may file a private lawsuit for injunctive
OF TITLE III’S relief . Injunctive relief can include either an order requir-
PROVISIONS ing you to change your facility to make it readily accessible
to and usable by individuals with disabilities, or an order
requiring you to provide an auxiliary aid or service, change
a policy or furnish an alternative method of accessibility.

Private individuals who reasonably believe that they are
about to be discriminated against as a result of any new
construction or alterations which will not be accessible,
may sue to force you to stop or change the construction or
alteration.

The Attorney General may also bring lawsuits in
instances of overall public importance or where a pattern
or practice of discrimination is alleged. Only the Attorney
General may seek monetary damages and penalties not to
exceed $50,000 for the first violation or $100,000 for any
subsequent violation. The Attorney General may not seek
punitive damages.

A court may award attorney’s fees regardless of what
type of violation of Title III is alleged.

In the event of a civil lawsuit, the court shall consider
any good faith effort or attempts you make in an effort to
comply with Title III when determining the amount of mon-
etary damages that should be assessed against you.

19

CONCLuSION With a law as complex as Title III of the ADA, it is not suffi-
cient merely to attempt to treat individuals with disabilities
in the same manner as you treat members of society at
large. You must actively take steps to avoid violating Title
III when contemplating any new construction or alteration
of existing facilities, including meeting with your archi-
tects and construction company to ensure that all plans are
in compliance with the ADAAG.

If you own, operate, lease to or from a public accommo-
dation, it is crucial that you review all policies and proce-
dures to determine if any of them have the effect of exclud-
ing individuals with disabilities from access to your facility
or from the goods and services you offer. Review how
information is communicated to your customers and cli-
ents to decide whether any auxiliary aids should be made
available to individuals with hearing, speech or vision
impairments.

Also, refer to the ADAAG to determine whether your
facility has any barriers to access and whether the rest-
rooms, telephones and water fountains are accessible to
individuals with disabilities. If any barriers exist, remove
them as soon as possible.

O
nly after instituting preventative measures such as those
outlined above can you reduce the likelihood that your
facility is violating one or more of the provisions of the
ADA.

For further information about these contents, please contact
any office of Fisher & Phillips LLP or visit our website at
www.laborlawyerscom
20

OThER BOOkLETS IN ThIS SERIES:

Age Discrimination In Employment Act

Americans With Disabilities Act
(The Employment Aspects)

Business Immigration

COBRA

Employment Discrimination

Family Medical Leave Act

Fair Labor Standards Act
(Exemptions & Recordkeeping)

Fair Labor Standards Act
(Wage & Hour Provisions)

HIPAA

Immigration Law

National Labor Relations Act
(Unfair Labor Practices)

National Labor Relations Act
(Union Organizing)

OSHA

Sexual Harassment

USERRA

WARN Act

21

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Columbia Las Vegas, NV 89169 Portland, Me
Suite 1400 702.252.3131 400 Congress Street, 4th Floor
1901 Main Street Portland, ME 04101
Columbia, SC 29201 Louisville 207.774.6001
803.255.0000 Suite 2000
220 West Main Street
Portland, Or
Dallas Louisville, KY 40202
Suite 1250
Thanksgiving Tower 111 SW Fifth Avenue
502.561.3990
1601 Elm Street, Suite 4343 Portland, OR 97204
Dallas, TX 75201 503.242.4262
214.220.9100 New Jersey
430 Mountain Avenue San Diego
Denver Murray Hill, NJ 07974 Suite 1000
Suite 3300 908.516.1050 4747 Executive Drive
1999 Broadway San Diego, CA 92121
Denver, CO 80202-3025 New Orleans 858.597.9600
303.218.3650 Suite 3710
201 St. Charles Avenue San Francisco
Fort Lauderdale New Orleans, LA 70170 Suite 2340
Suite 800 504.522.3303 One Embarcadero Center
450 East Las Olas Boulevard San Francisco, CA 94111-3712
Fort Lauderdale, FL 33301 415.490.9000
954.525.4800
Tampa
Houston 2300 SunTrust Financial Centre
Two Allen Center, Suite 620 401 E. Jackson Street
1200 Smith Street Tampa, FL 33602
Houston, TX 77002 813.769.7500
713.292.0150

“SolutionS At Work”
AtlAntA • ChArlotte • ChiCAgo • ColumbiA • DAllAs • Denver • Ft. lAuDerDAle • houston
irvine • KAnsAs City • lAs vegAs • louisville • new Jersey • new orleAns • orlAnDo • PhilADelPhiA
Phoenix • PortlAnD, me • PortlAnD, or • sAn Diego • sAn FrAnCisCo • tAmPA

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