ADA Requirements for Retail Stores: Setting Your Business Up For Success

The Americans with Disabilities Act (ADA) was enacted in 1990; it promises a guarantee to those individuals with disabilities that they will not be excluded from everyday activities such as going to a restaurant, going to the movies, or shopping at a retail store.

Businesses are required to be ADA compliant or face the risk of potential lawsuits. In 2014 alone, retail stores in the United States were hit with 5,000 lawsuits, which cost them more than $100 million. Since the ADA is not required to send a notice to stores before filing a suit, most of these lawsuits come up unexpectedly.

Making your business ADA compliant requires more effort on your part, but it is important. It promises inclusivity for many people. With almost 19% of Americans having a disability, you have a chance to include many individuals in an experience they may be continuously excluded from. Alongside this, making your business ADA compliant helps you to open up to a new market and potential customers.

Being ADA compliant also shields your business from potential lawsuits, helping you save money in the long run. There are other benefits, for instance, a business using audio announcements (usually made for the blind) would also benefit other shoppers in the store, and banners with bigger fonts (made for those with bad vision) could be eye-catching to other customers.

Looking closer at ADA, there are two sections that are relevant to retail business: Tile One and Title Three.

Title One

Title One of the ADA covers employment. Businesses that employ 15 or more full-time employees that work at least 20 weeks in the whole year are not allowed to discriminate against those with disabilities when hiring new employees.

Those businesses that employ less than 14 employees and are operational less than 20 weeks in the entire year are not obliged to comply with Title One.

Title Three

Title Three states that businesses that provide any service or sell any good to the public cannot discriminate against customers because of their disability. This means you must make your business accessible to those with disabilities and cannot refuse to serve them because of their disability.

Title Three applies to 12 different types of business establishments, regardless of their size or the building it is located in:

• Schools
• Doctors’ and Dentists’ offices
• Private Museums
• Restaurants and Bars
• Service Establishments such as car repair services and ride-share companies
• Hotels
• Theaters
• Shopping Malls
• Shops and Stores 

However, before you move on to making your store ADA compliant, you have to make sure that the changes you are going to make are ‘readily achievable,’ meaning they can be easily accomplished without much expense or difficulty. Hence, if an aspect of your store can be made ADA compliant, you will have to change it. It is best to consult a lawyer if you believe something is not to be readily achievable.

For retail stores, these are some of the areas that must be ADA compliant:

1. Parking: If your retail store provides parking to customers, a part of that parking must be made accessible to those with disabilities. For example, if your parking area has space for 25 cars, a minimum of one of those parking spaces should be made accessible. For a parking area with 76 to 100 spots, you need at least 4 accessible spots. If you are leasing your parking space, you will need to make sure who is responsible for setting up the accessible parking; you or your landlord. The parking provided must meet the specified dimensions by the ADAAG (ADA Accessibility Guidelines). If it is not readily achievable for you to provide the required accessible parking, you must provide as many spaces as you can.
2. Stairways and Ramps: According to the ADA, 60% of your entrances (to your retail store) must be accessible, meaning it must be easy for people with disabilities to reach the entrance and actually enter the store. The main solution used to make entrances accessible is replacing stairs with a ramp. The ADA requires all retail stores to have a permanent ramp, but a portable ramp can also be used (while the permanent one is being constructed).
3. Shelves, Aisles, and Maneuvering Space: People with disabilities have decreased mobility than non-disabled people. The ideal solution to improve mobility is to widen the aisles in your stores; however, it is not the most practical option in smaller stores as it would reduce their selling space. A different approach would be to place heavier items on the bottom shelf and lighter items on the higher shelf, placing items most commonly purchased at eye level, having product descriptions in braille on the shelves, and having trained staff to help those who are disabled. 
4. Restrooms: The ADA has very specific guidelines on making restrooms accessible to customers. Toilets installed must be 17 to 19 inches above the floor and placed 16 to 18 inches away from the side wall to the centerline, i.e. the total width of a stall must be at least 32 inches for it to be ADA compliant. If your restroom is considered ambulatory accessible, it must be 17 to 19 inches away from the side wall to the centerline.
5. Sales and Service Counters: You will need to meet the ADA’s measurement requirement for your service counters and checkouts to be considered ADA compliant. Accessible counters cannot be taller than 36 inches. If your present counters are taller, you either have the choice to reconstruct or build a new accessible counter nearby. In order to make space for those on wheelchairs, scooters, and those using crutches, counters must have a 30 by 40 inch unobstructed space in front of them.
6. Dressing Rooms: At least one dressing room in a retail store must be made accessible to allow for customers on wheelchairs and other mobility devices. If there is not enough space to construct something like this, disabled customers can be given another option, such as a special return policy. Disabled customers would be allowed to return articles, after trying them on at home, if they do not fit right.