Americans with Disabilities Act (ADA):
Guide for Jewelers

The Americans with Disabilities Act (ADA) is a Federal Civil Rights law passed by Congress and enacted in 1990 to protect people with disabilities from being discriminated against because of those disabilities. It takes the same approach as other federal civil rights laws which prohibit discrimination on the basis of race, sex, age, etc. and aims to protect people with disabilities in everyday situation.

The ADA is intended to keep pace with technological developments as they become prevalent in everyday life.

1. It’s the law!
2. Penalties for violating the ADA can start at a $75,000 fine for an initial violation and reach up to $150,000 per subsequent offense. 
3. Vulnerability to lawsuits: there has been a surge in frivolous ADA lawsuits involving small businesses and retail stores. 
   1. (Especially true in California – plaintiffs have even filed claiming “access barriers” deterred them from even attempting to enter a place of business. See Langer v. Kiser, 57 F.4th 1085, 1115 (9th Cir. 2023))
4. Valuing inclusivity and access for all.

Title III of the ADA applies to the private sector. 

“Places of public accommodation” = businesses that are open to the public:

• Brick and mortar retail locations 
• Restaurants, shops, gyms, etc.

If your company must comply with Title III of the ADA, you must:

• Communicate with people with disabilities as effectively as you communicate with others.
• Make reasonable modifications to policies, practices, and procedures where needed.
• Ensure that a person with a disability can access the businesses’ goods or services. 
• Allow service animals to be with their person even if you have a no pets policy.
• Follow specific standards for physical accessibility when building or altering a building or facility.
• Remove architectural barriers in buildings when it is readily achievable to do so.

More details on brick and mortar compliance can be found within the ADA Guide.

Publicly accessible government  websites or digital platforms (federal, state and local) must comply with the Web Content Accessibility Guidelines 2.0 AA (“WCAG”).

Publicly accessible websites or platforms of private businesses are not required to comply with the WCAG Standards.  BUT…

• Courts are split:  there have been various disputes where DOJ has required in settlement agreements that private businesses must comply with the WCAG.  AND…
• The DOJ only recently (April 24, 2024) mandated that state and local governments abide by WCAG.  SO…

It’s safe to guess that private businesses may be next – we recommend bringing your publicly accessible websites and digital platforms into compliance sooner than later.

More details on website compliance can be found within the ADA Guide.