Understanding Readily Achievable Barrier Removal

The Americans with Disabilities Act (ADA) requires businesses to make their facilities accessible to individuals with disabilities. One of the key concepts within the ADA is "readily achievable barrier removal," which applies to existing facilities that were built before the ADA was enacted in 1990. We will explore what readily achievable barrier removal means, how to determine what's readily achievable for your business, and provide practical examples to help you ensure your business is compliant and welcoming to all customers.

What Does "Readily Achievable" Mean?

Under the ADA, the term "readily achievable" means "easily accomplishable and able to be carried out without much difficulty or expense." This standard was designed to strike a balance between promoting accessibility and avoiding significant hardships for businesses, particularly small businesses with limited resources.

The "readily achievable" standard is intentionally less stringent than other ADA standards. It requires a lesser degree of effort than the "undue burden" limitation on auxiliary aids requirements and is less demanding than the "undue hardship" standard that applies to employment accommodations. This recognizes that retrofitting existing facilities can be more expensive and challenging than incorporating accessibility features into new construction.

Factors to Consider When Determining What's "Readily Achievable"

Determining whether a particular barrier removal is "readily achievable" is a case-by-case judgment that depends on several factors specific to your business. According to the Department of Justice, these factors include:

1.      The nature and cost of the action needed

2.     The overall financial resources of the facility

o   Number of persons employed at the site

o   Effect on expenses and resources

o   Impact on the operation of the site

o   Legitimate safety requirements, including crime prevention measures

3.     Geographic separateness and administrative or fiscal relationship to any parent corporation or entity

4.     If applicable, the overall financial resources of any parent corporation or entity

o   Overall size of the parent corporation

o   Number of employees

o   Number, type, and location of facilities

5.     The type of operation of the business, including the composition, structure, and functions of the workforce

It's important to understand that what might not be readily achievable for your business in one year may become achievable in the next as your financial situation changes. This makes barrier removal an ongoing obligation rather than a one-time assessment.

Examples of Readily Achievable Barrier Removal

The Department of Justice provides examples of modifications that are often considered readily achievable for many businesses. These include:

Physical Accessibility

·       Installing ramps

·       Making curb cuts in sidewalks

·       Rearranging tables, chairs, display racks, and other furniture to create wider pathways

·       Repositioning shelves or displays to improve accessibility

·       Widening doorways or walkways

Restroom Accessibility

·       Installing grab bars in toilet stalls

·       Raising toilet seats

·       Rearranging toilet partitions to increase maneuvering space

Communication Accessibility

·       Adding raised lettering or Braille on elevator buttons

·       Installing proper restroom signage

Simple Fixes

·       Removing that decorative potted plant that blocks access to a doorway

·       Adjusting the closing speed of doors

Many of these modifications are relatively simple and inexpensive, making them readily achievable for most businesses regardless of size and resources.

What If Barrier Removal Is Not Readily Achievable?

If you determine that removing a particular barrier is not readily achievable for your business, you're not off the hook completely. The ADA still requires that you make your goods, services, and facilities available through alternative methods when those alternatives are readily achievable.

For example:

·       A self-service gas station that determines it is not readily achievable to redesign its gas pumps must still provide refueling service upon request to individuals with disabilities.

·       A restaurant that cannot remove physical barriers in a specific area must offer the same menu in an accessible area of the restaurant (if that alternative is readily achievable).

Real-World Impact of Inaccessibility

Consider the case of James Donald, who maneuvered his wheelchair into San Francisco's Cafe Royale in 1984. The main dining area was on a platform about 18 inches off the ground, making it inaccessible to him. When staff suggested they could lift him and his wheelchair up to the dining area, Donald, a former deputy attorney general in California, sued the restaurant under the ADA and eventually won a judgment.

This case illustrates why proactive barrier removal is not just about legal compliance—it's about providing dignified, independent access to all potential customers.

Source: Donald v. Cafe Royale, Inc. (1990)

https://law.justia.com/cases/california/court-of-appeal/3d/218/168.html

Why Accessibility Matters for Your Business

Beyond legal requirements, improving accessibility makes good business sense:

1.      Expanded Customer Base: By removing barriers, you open your business to a significant market of people with disabilities and their families and friends.

2.     Enhanced Reputation: A commitment to accessibility demonstrates your business values all customers.

3.     Financial Incentives: The federal government offers tax incentives for small businesses making accessibility improvements, allowing you to take a tax credit for up to half the amount spent on certain accessibility improvements.

Conclusion

Readily achievable barrier removal is an ongoing obligation for businesses that predates the ADA. The standard is designed to be realistic and proportional to a business's resources, but it does require sincere effort and regular reassessment.

If you haven't conducted an accessibility assessment of your facility recently (or ever), now is the time to start. Begin by identifying the most significant barriers that could be removed with minimal cost and effort. Then develop a plan to address more complex barriers over time as resources permit.

Remember, improving accessibility isn't just about avoiding lawsuits—it's about creating an environment where all potential customers feel welcome and valued.

DISCLAIMER: The information provided in this post is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney for advice tailored to your situation.