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Human Resources E-Bulletin - December 2004

If I am in compliance with Title III of the Americans with Disabilities Act
Can I still be Violating Accessibility Requirements Under Title I?

I have complied with the architectural requirements under Title III - Public Accommodation guidelines of the Americans with Disability Act. However, I was recently informed that I could still be violating the accessibility requirements under Title I – Employment guidelines. Is this true?

Yes. It is a possibility that you are violating accessibility requirements under Title I of the ADA.

First, a little background information

Title III of the Americans with Disabilities Act (ADA) requires that all new construction, alterations, and additions to existing facilities undertaken by covered entities comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG). The ADAAG was developed to establish the minimum requirements in design and construction for those entities covered under Title II (state & local governmental entities) and Title III (places of public accommodations & commercial facilities open to the public), including both private and public transportation providers.

Title I covers the required employment provisions of the ADA. The key requirements under Title I mandate that covered employers (generally, public entities with one or more employees, or private employers with 15 or more employees are covered) must accommodate their employees with disabilities when:

Back to the original question(s)

Do I have to alter the architectural components of a facility in order to accommodate an employee with a disability, even if I know my facility meets ADAAG (Title III) requirements? It is clear that improving the accessibility in existing facilities used by employees is anticipated under the law. Such action may also be the only reasonable solution to accommodate an employee in certain circumstances, but relocation within that facility, job restructuring, or reassignment may be other viable options so long as whatever action creates a successful accommodation, and deference is given to the preferred accommodation strategy of the employee.

What if my workplace totally complies with the ADAAG design and construct requirements, why do I have to alter my facilities to meet an employees with a disability’s needs? Because the requirements are separate within the law. Covered entities must design and construct their facilities in compliance with the requirements of the ADAAG, but they must also meet reasonable accommodation needs of their employees. In most cases, a compliant facility will meet most needs of employees with disabilities that are related to architectural accessibility. However, recall that the ADAAG represents a set of minimum requirements, and compliant buildings may not be accessible to and usable by all employees with disabilities.

Common accessibility accommodations

Common accommodations related to the built environment include the installation of additional accessible entrances, and parking places. Where parking is blended between employees and public, or there is a high concentration of employees with disabilities it may be necessary to assign spaces, or provide additional accessible spaces beyond those required under the ADAAG. Widening a door beyond the minimally required 32” of clear swing width, and adding a powered assist device may not be required under the ADAAG, but it may be necessary to meet the workplace accommodation needs of an employee who uses a larger mobility device, and lacks the strength or dexterity to operate the existing door. Other typical built environment issues include the installation of an at-grade, or lesser-sloped ramp leading to an accessible entrance. For many people with disabilities the allowed 1:12 slope (for every inch of rise, the ADAAG allows a minimum of 12” of run) may be too steep to traverse while using a mobility aid. The advisory appendix to the ADAAG recommends a flatter slope of 1:16 or 1:20. This may be an example of architectural modifications to a workplace facility that exceed the ADAAG requirements, but are necessary to meet the reasonable accommodation needs of an employee.

So, as you can see an employer has a dual responsibility to insure compliance with the ADAAG on covered facilities that are workplaces, and a duty to respond to reasonable accommodation requests that may require altering an otherwise compliant building or site. The good news is that for eligible companies, there are federal (and possibly state) tax advantages for improving accessibility for employees and the public, and for spending money to meet workplace accommodations.

For more information on tax advantages consult your tax advisor or visit: http://www.swdbtac.org/html/publications/employment/general/factsheet3.pdf.

For additional information on the ADAAG, visit: http://www.access-board.gov/adaag/html/adaag.htm

For additional information on employment requirements, visit:

The Human Resource E-bulletin for employers, human resource  professionals and others interested in learning more about how to successfully implement the employment provisions of the Americans with Disabilities Act in the workplace.  On a monthly basis, you will receive information on resources, updates on litigation, EEOC guidance and policy letters that will enhance your understanding of the employment provisions of the ADA.  DLRP staff and the Outreach Manager of the Houston District office of the Equal Employment Opportunity Commission facilitate the HR E-bulletin. 

The mission of the DLRP is to promote proactive compliance with the ADA in Texas, Arkansas, Louisiana, New Mexico and Oklahoma.  Based at ILRU (Independent Living Research Utilization), a program of TIRR in Houston, Texas, the DLRP is funded by NIDRR, an agency of the Department of Education, under grant #H133D60012, to provide information, materials, and technical assistance on the ADA.  NIDRR is not an enforcement agency.

Project staff are also available at 800-949-4232 from 900-500 Central Time to answer your ADA questions.  All questions are answered confidentially. 

The information herein is intended solely as informal guidance and is neither a determination of your legal rights or responsibilities under the Act, nor binding on any agency with enforcement responsibility under the ADA.

To unsubscribe to the HR E-bulletin, or to subscribe to the general or legal E-bulletin, to ask a question or give a comment, please send an E-mail to swdbtac@ilru.org.  All questions are answered confidentially.

You are welcome to reproduce all or part of the text on this web page electronically or in print, crediting as your source the Southwest ADA Center at ILRU. We would greatly appreciate receiving a copy of your use of our material. Please send to:

Tajauna Dunning, Communications Director
Southwest ADA Center
2323 S. Shepherd #1000
Houston, Texas 77019
713-520-0232 (v/tty)
713-520-5785 (fax)
tdunning@ilru.org

 

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contact us: DBTAC Southwest ADA Center
800-949-4232 or 713-520-0232 v/tty