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Americans with Disabilities Act (ADA) Title III
Overview
Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in public accommodations and commercial facilities. It mandates that businesses open to the public must provide accessibility to individuals with disabilities. It also outlines requirements for new construction and alterations of facilities to meet accessibility standards. Courts have also interpreted Title III to apply to websites of places of public accommodation, which means businesses must check that their online services are accessible to individuals with disabilities. Compliance with the ADA includes taking appropriate steps so that websites meet accessibility standards in order to provide equal access to services online.
Regulation Summary
Timeline
- July 26, 1990 – ADA signed into law by President George H.W. Bush.
- January 26, 1992 – Title III becomes enforceable.
- September 15, 2010 – DOJ adopts the 2010 ADA Standards for Accessible Design.
- March 15, 2011 – Compliance deadline for new construction and alterations.
- July 26, 2023 – DOJ proposes new rules requiring web and mobile app accessibility.
What Businesses Are Affected
- Public accommodations (e.g., hotels, restaurants, theaters, retail stores, healthcare providers, schools, and museums).
- Commercial facilities (e.g., office buildings and factories).
- Private entities offering professional certification exams or courses.
- Online businesses that provide services to the public.
Exemptions
- Religious organizations and private clubs.
- Certain historical buildings if modifications would alter their fundamental structure.
- Small businesses where compliance imposes an undue burden (significant difficulty or expense).
Responsibilities for Businesses
- Remove physical and digital barriers where feasible, including ensuring that buildings, websites, and digital services are accessible.
- Ensure new construction and alterations comply with ADA Standards, including both physical spaces and digital platforms such as websites and mobile applications.
- Provide auxiliary aids and services (e.g., braille menus, ASL interpreters, captioning) and implement digital accessibility features such as screen reader compatibility, keyboard navigation, and high-contrast visual elements.
- Modify policies and practices to accommodate individuals with disabilities, including ensuring that digital platforms meet Web Content Accessibility Guidelines (WCAG) to provide equal access to online services.
Specific Responsibilities for Website Owners
- Ensure websites and mobile apps are accessible to individuals with disabilities.
- Provide alternative text for images.
- Ensure compatibility with screen readers.
- Enable keyboard navigation and avoid inaccessible features.
Additional Requirements
- Web accessibility compliance with WCAG (Web Content Accessibility Guidelines) to ensure digital content is accessible to users with disabilities.
- Alternative text and captions for images, videos, and other multimedia to accommodate visually and hearing-impaired users.
- Keyboard-friendly navigation to allow users to browse websites and applications without relying on a mouse.
- Error identification and clear labels on forms to help users with cognitive disabilities complete online processes efficiently.
Data Subject Rights
- Equal access to goods and services.
- Right to file complaints with the DOJ if accessibility rights are violated.
- Legal action if denied reasonable accommodation.
Enforcement
- Regulatory Authority: U.S. Department of Justice (DOJ).
- Penalties:
- First violation: Up to $75,000.
- Subsequent violations: Up to $150,000.
- Private lawsuits: Individuals can sue for discrimination.
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