Rights of Disabled Are a Double Whammy for Business

June 24, 2008

A country is only as good as the way it treats all of its citizens, but the Americans with Disabilities Act (ADA) of 1990 created confusion for businesses which were required to comply with many specific and complicated regulations. Those rules are about to be clarified, which is positive news for businesses grappling with meeting facilities requirements for disabled access -- but due to the strained economy, the timing is unfortunate. Companies struggling with the economic slump may face potentially costly changes at a time they can ill afford them.

One goal of the new regulations is to make disabled access standards consistent with state and local building codes. According to the Department of Justice (DOJ), the proposed regulations will cost private and public establishments $22.8 billion, The Wall Street Journal reports.

The agency says that the potential economic benefits of the changes far exceed the costs. But some argue that the benefits to businesses are intangible and that improved access doesn't necessarily translate into more disabled individuals patronizing such businesses as hotels, restaurants, retail stores, theatres, and other entertainment venues, for example.

Disability employment rights are also in the spotlight as Congress crafts a bill to broaden the definition of disability under the ADA. The legislation would reverse Supreme Court decisions that disability advocates and some business groups agree have narrowed the definition of disability too much, in some cases excluding diabetics and people with other serious conditions that could function well with medication, The Journal reports. However, in an effort to ward off a backlash from businesses, the final legislation will not broaden the scope of disability drastically.

The bill expanding the definition of disability could come to a vote before Congress recesses on July 4, but the proposed disabled access rules will likely require many weeks of analysis. The regulations constitute around 1,000 pages; the DOJ intends to hold a public hearing the middle of next month. CFOs whose companies will be most affected can find the specifics they need here.

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RIGHTS OF THE DISABLED

IT IS ABOUT TIME. I DEAL DAILY WITH ISSUES OF GETTING MY HUSBAND INTO THEATRES, RESTAURANTS, HOTELS, BATHROOMS. HE IS IN A WHEELCHAIR, UNABLE TO STAND OR WALK. TRY TO TAKE YOUR LOVE ONE INTO A BATHROOM WHEN THERE ARE NO FAMILY BATHROOMS. WHICH ONE DO I GO INTO, MEN(FOR HIM) OR WOMEN (FOR ME). GETTING INTO A POOL FOR THERAPY WHEN THEY ARE NOT WHEELCHAIR ASSESSIBLE. GO TO A HOTEL THAT IS HANDICAP ROOM BUT YOU CAN;T GET YOUR WHEELCHAIR ROUND THE BED AND TV TO GO THE BATHROOM AND THE DOORS ARE NOT WIDE ENOUGH TO GO THRU, OR THE BED IS TO HIGH TO GET INTO, EVEN WHEN YOU ARE 5 FOOT TALL, AS I AM. THERE IS A BIG DIFFERENCE BETWEEN HANDICAP AND WHEELCHAIR DISABLED AND I WISH BUSINESS WOULD LEARN THE DIFFERENCE. RAMPS TO BUSINESS DON'T MEET THE ADA SLOPE AND ANGLE, SO TRY PUSHING A WHEELCHAIR UP THAT RAMP OR GO INTO A RESTAURANT THAT THE ENTRANCE IS NOT WIDE ENOUGH FOR THE WHEELCHAIR TO STAY IN THE BUILDING TO WAIT FOR A TABLE. MAY BARRIERS OUT THERE AND MANY BUSINESS PEOPLE THAT DON'T CARE. HOW DO YOU GET INTO A BUSINESS IF YOU CAN'T OPEN THE DOORS OR ONLY ONE DOOR WILL OPEN AND OTHER DOOR IS LOCKED.