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When It Comes to the ADA, It’s What
You Don’t Ask that Might Hurt You!
Signed into law on July 26 1990, the
Americans with Disabilities Act is a wide-ranging legislation intended to
make American Society more accessible to people with
disabilities.
Q: What Has to be
Done? For the purpose of our discussion, Title III deals
directly with issues revolving around doors, locking hardware and
accessibility of your buildings. Title III stipulates that in existing
facilities, barriers to services must be removed if “technically
feasible.”
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“The Americans with
Disabilities Act allows Individuals to Sue to Enforce
Compliance” |
Q: Does “technically
feasible” include cost considerations? Cost is not a factor in
determining whether an action would be technically feasible. Technically
infeasible includes actions such as the removal of a load-bearing member
that is an essential part of the structural frame of a
building.
Q: Who Must Comply? While the
employment provisions of the ADA apply to employers of fifteen employees
or more, its public accommodation provisions apply to all sizes of
business, regardless of number of employees. Simply stated; if a customer
will ever potentially visit your facility, you need to
comply.
Q: What Will Happen if I Don't
Comply? This is the million-dollar question. The ADA is civil
rights law, so compliance is not overseen by local building code or an
official agency. Compliance is exercised either through private suit or by
the Department of Justice. If someone feels you have discriminated against
him or her by denying access, the government will help them sue
you.
Q: How Do I Comply ? The door hardware
industry has developed many products including leverhandle locks, assisted
door operators and keyless entry systems which make it possible to
retrofit your existing entrances to comply. To get a detailed quote on
what needs to be done in your facility, contact our office and we will
provide a no-obligation survey to determine your needs.
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