American with Disabilities
Act - ADA Myths and Facts
Independent Living Centers / Disability
Rights Organizations
MYTH: ADA suits are flooding the courts.
FACT: The ADA has resulted in a surprisingly small number of lawsuits
-- only about 650 nationwide in five years. That's tiny compared
to the 6 million businesses; 666,000 public and private employers;
and 80,000 units of state and local government that must comply.
MYTH: The ADA is rigid and requires businesses to spend lots of
money to make their existing facilities accessible.
FACT: The ADA is based on common sense. It recognizes that altering
existing structures is more costly than making new construction
accessible. The law _only_ requires that public accommodations (e.g.
stores, banks, hotels, and restaurants) remove architectural barriers
in existing facilities when it is“readily achievable”, i.e., it
can be done “without much difficulty or expense.” Inexpensive, easy
steps to take include ramping one step; installing a bathroom grab
bar; lowering a paper towel dispenser; rearranging furniture; installing
offset hinges to widen a doorway; or painting new lines to create
an accessible parking space.
MYTH: The government thinks everything is readily achievable.
FACT: Not true. Often it may not be readily achievable to remove
a barrier -- especially in older structures. Let's say a small business
is located above ground. Installing an elevator would not, most
likely, be readily achievable -- and there may not be enough room
to build a ramp -- or the business may not be profitable enough
to build a ramp. In these circumstances, the ADA would allow a business
to simply provide curbside service to persons with disabilities.
MYTH: The ADA requires businesses to remove barriers overnight.
FACT: Businesses are only required to do what is readily achievable
at that time. A small business may find that installing a ramp is
not readily achievable this year, but if profits improve it will
be readily achievable next year. Businesses are encouraged to evaluate
their facilities and develop a long-term plan for barrier removal
that is commensurate with their resources.
MYTH: Restaurants must provide menus in Braille.
FACT: Not true. Waiters can read the menu to blind customers.
MYTH: The ADA requires extensive renovation of all state and local
government buildings to make them accessible.
FACT: The ADA requires all government programs, not all government
buildings, to be accessible. “Program accessibility” is a very flexible
requirement and does not require a local government to do anything
that would result in an undue financial or administrative burden.
Local governments have been subject to this requirement for many
years under the Rehabilitation Act of 1973. Not every building,
nor each part of every building needs to be accessible. Structural
modifications are required only when there is no alternative available
for providing program access. Let's say a town library has an inaccessible
second floor. No elevator is needed if it provides “program accessibility”
for persons using wheelchairs by having staff retrieve books.
MYTH: Sign language interpreters are required everywhere.
FACT: The ADA only requires that effective communication not exclude
people with disabilities -- which in many situations means providing
written materials or exchanging notes. The law does not require
any measure that would cause an undue financial or administrative
burden.
MYTH: The ADA forces business and government to spend lots of money
hiring unqualified people.
FACT: No unqualified job applicant or employee with a disability
can claim employment discrimination under the ADA. Employees must
meet all the requirements of the job and perform the essential functions
of the job with or without reasonable accommodation. No accommodation
must be provided if it would result in an undue hardship on the
employer.
MYTH: Accommodating workers with disabilities costs too much.
FACT: Reasonable accommodation is usually far less expensive than
many people think. In most cases, an appropriate reasonable accommodation
can be made without difficulty and at little or no cost. A recent
study commissioned by Sears indicates that of the 436 reasonable
accommodations provided by the company between 1978 and 1992, 69%
cost nothing, 28% cost less than $1,000, and only 3% cost more than
$1,000.
MYTH: The government is no help when it comes to paying for accessibility.
FACT: Not so. Federal tax incentives are available to help meet
the cost of ADA compliance.
MYTH: Businesses must pay large fines when they violate the ADA.
FACT: Courts may levy civil penalties only in cases brought by the
Justice Department, not private litigants. The Department only seeks
such penalties when the violation is substantial and the business
has shown bad faith in failing to comply. Bad faith can take many
forms, including hostile acts against people with disabilities,
a long-term failure even to inquire into what the ADA requires,
or sustained resistance to voluntary compliance. The Department
also considers a business' size and resources in determining whether
civil penalties are appropriate. Civil penalties may not be assessed
in cases against state or local governments or employers.
MYTH: The Justice Department sues first and asks questions later.
FACT: The primary goal of the Department's enforcement program is
to increase voluntary compliance through technical assistance and
negotiation. Under existing rules, the Department may not file a
lawsuit unless it has first tried to settle the dispute through
negotiations -- which is why most every complaint settles.
MYTH: The Justice Department never files suits.
FACT: The Department has been party to 20 suits under the ADA. Although
it tries extensively to promote voluntary compliance, the Department
will take legal action when entities continue to resist complying
with the law.
MYTH: Many ADA cases involve frivolous issues.
FACT: The Justice Department's enforcement of the ADA has been fair
and rooted in common sense. The overwhelming majority of the complaints
received by the Justice Department have merit. Our focus is on fundamental
issues related to access to goods and services that are basic to
people's lives. We have avoided pursuing fringe and frivolous issues
and will continue to do so.
MYTH: Everyone claims to be covered under the ADA.
FACT: The definition of “individual with a disability” is fraught
with conditions and must be applied on a case-by-case basis.
MYTH: The ADA protects people who are overweight.
FACT: Just being overweight is not enough. Modifications in policies
only must be made if they are _reasonable_ and do not fundamentally
alter the nature of the program or service provided. The Department
has received only a handful of complaints about obesity.
MYTH: The ADA is being misused by people with “bad backs” and “emotional
problems.”
FACT: Trivial complaints do not make it through the system. And
many claims filed by individuals with such conditions are not trivial.
There are people with severe depression or people with a history
of alcoholism who are judged by their employers, not on the basis
of their abilities, but rather upon stereotypes and fears that employers
associate with their conditions. This information has been provided
by the United States Department of Justice.
Independent Living Centers are typically non-residential, private, non-profit, consumer-controlled, community-based organizations providing services and advocacy by and for persons with all types of disabilities. Their goal is to assist individuals with disabilities to achieve their maximum potential within their families and communities.
The following link provides contact information to ILC's around the nation.
www.ilusa.com/links/ilcenters.htm