The Truth Behind ADA Compliance and Why You Shouldn't Worry (Part One!)

In this two-part blog, we will be discussing something pretty delicate in our world right now. It is one of our personal goals to strive to not only help our clients and fellow small business owners grow their businesses, but we also strive to educate others and tell the truth about what's happening in the world of business right now. Today, we are going to be discussing a very important hot topic, being ADA compliant! 

Hello, Summerville, and hello 2021! How many times have you written the date wrong so far this year? I've done it an embarrassingly amount of times! Anyway, welcome back to the blog writer's desk, and while we are just a few weeks into the new year, it is still such an exciting time to own a business. While so many people hate the beginning of a new year as much as they hate Mondays, when we look at a new year we see the beginnings of something very special and exciting. We have the opportunity to grow and become the company we want to be, and to help our clients do the same. That, to us, is incredibly exciting and one of the many reasons why starting fresh in a new year is what we live for!

One of the ways we try to help all of our clients and fellow small business owners grow is to inspire them to look at every new year as a new opportunity. It's the perfect time to go after their goals and a perfect time to plan how to reach them. We also try to take the time in the first few months to continue educating our clients on what is happening now in our industry, and how that might impact their business on a day to day basis, and what to be cautious of. Currently, one of the hottest trends in the marketing world and the website design world is offering clients to help them become ADA compliant. It's a sad reality that many marketing companies will use scare tactics to force small companies into a website contract with them, claiming that they aren't ADA compliant which could land them in a huge lawsuit. This is such an unnecessary and cruel thing to do to small businesses, who are already struggling to make ends meet in the first place. We want to state that by law, there are actually no guidelines that state exactly what or how your website must be set up to be ADA compliant. At least there isn't anything yet. If you are being bothered or badgered by a company telling you otherwise, please brush them off or speak with us. They're being bullies, and we don't like bullies here at Creative Consulting. In this two-part blog, we are going to be talking about what ADA Compliance is, how your company needs to be approaching this term and its current guidelines, and why the threat of being in danger isn't anything close to what many companies will say that you are in. Yes, you need to be compliant, but there is wiggle room, which is what we will be talking about today. 

Let's take a step back though before we get in over our heads or things get confusing. The ADA is the American With Disabilities Act that requires physical locations to provide fair access and accommodations for individuals with disabilities. Some of the most common examples of this are restaurants and public buildings must provide wheelchair accessibility and they must provide menus and other reading materials in Braille for customers who are visually impaired. Today, in our very media-heavy and driven world, ADA compliance has now spread out to the digital world and our digital devices. ADA compliance is now requiring all websites to provide accessibility for all on their webpages. This can include web content that can be used by those who are blind, for those who are deaf, help for those who must navigate by using their voices, and providing screen readers to help read and describe all content on the webpage for those who might not be able to see it. So yes, by law you must be ADA compliant and provide these options. Your website must also not prohibit the use of these tools that we've mentioned above that would prevent an individual with a disability to access your webpage as needed. However, here is the kicker! There are no clear ADA regulations that spell out how every website must be laid out and designed to provide accessibility to everyone with a disability. There is so much grey area, and so much unknown, which people are taking advantage of and trying to decide what it means for them, not for the digital world across the board. All it states by legal documentation is that all businesses that fall under Tier 1 or Tier 3 must provide internet content that gives at least "reasonable accessibility" to individuals with disabilities according to Business News Daily, but that is all that they say and no guidelines or examples have truly been supplied. 

What businesses fall under these different tiers? That's when it begins to get a little tricky. Tier 1 Businesses are those that have at least 15 full-time employees and are open for business at least 20 weeks out of the year, and they somehow engage in an industry that adds to and affects commerce. However, if you have 14 or fewer employees (for example you are a self-employed company of one) and you work less than those 20 weeks a year, you don't have to comply as being Title 1. According to Findlaw.com any tax-exempt private membership clubs also do not count as being Tier 1 businesses. Businesses that are owned by a Native American Tribe are also exempt from being Title 1. However, Tier 3 gets a little more tricky because more businesses fall under its umbrella. Tier 3 businesses are businesses that are considered and live in the category of being public accommodations. Examples of this included and are not limited to: 

• Hotels 
• Gyms
• Schools
• All public transportation
• Laundromats
• Banks
• Restaurants, bars, and coffee shops
• Doctors Offices
• Retail Stores
• Recreation Venues
• Much Much more

Think about it this way, if it is a business that serves the public en masse, then it is a Tier 3 business and they need to be ADA compliant both in person and now online. Remember, again, if your company does not fall under the umbrella of Tier 3 then you don't need to be ADA compliant in these sources either. This is where the grey area begins because there are businesses that exist that don't fit in either tier and there is nothing legally that states how they should handle being ADA complaint. This is where disability law can get very difficult and you can find yourself in a different position. 

ADA was passed in 1990, making sure that all public access locations had to provide accommodations for everyone, including those with disabilities. 20 years later in 2010, the Department of Justice passed the Americans with Disabilities Act Standards for Accessible Design which mandated that all electronic information and devices had to be accessible to those with disabilities. However, because the law states that you only have to be ADA compliant if you fall under Tier 1 and Tier 3, it is still best to discuss with a lawyer what you should do for their website to not run into any issues. While there is no reason to prevent someone with disabilities from enjoying your website and content, for those who don't fall under those tiers, you shouldn't be badgered into building a website with a company you don't want to work with because they are saying your not ADA compliant, and the only way to avoid a lawsuit is to work with them. Remember, there are no clear rules about being ADA compliant, however, again, you need to be respectful of the ADA complaint ideals. What we are trying to explain here is that you can make these additions and adjustments yourself to your website. You can even make your website more accessible for those who use different tools to access and enjoy it, and to make sure they aren't turned away from it.  

Many companies today, since it is such a grey area topic with no real definition, will take advantage of the fact that this world has no clear-cut definition and will attack smaller companies that don't fit in any tier. They will bully and scare them into buying a website from them, and in our books that is a bad business tool. In the second half of this blog, we are going to be continuing our discussion about being ADA compliant, its current battle, and how to keep your company compliant while not being bullied by others to conform to their incorrect definition of being ADA compliant. This is a touchy topic and one that we need to talk about more. If you feel that you might be going against ADA compliance or in some trouble because of not following what ADA guidelines there are, please contact us and we will work through it together! Until next time Summerville, stay safe and stay caffeinated!