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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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