ADA Compliance Toolkit
The Americans with Disabilities Act, or ADA, was a landmark piece of federal legislation to provide rights and protections for people with disabilities in the United States. Businesses are required by law to comply with the ADA meaning the buildings, services, and technologies businesses use must be accessible to people with disabilities.
ADA compliance isn’t scary – it's great for business. Having an accessible property is more than law, it is also a way to attract a customer base. The disposable income for working aged people with disabilities is approximately $490 billion.
Issues arise when businesses are not ADA compliant. Businesses can receive lawsuits on technical grounds for incompliance with the ADA. Occasionally, bad actors with malintent can sue businesses citing the ADA.
Below is a guide to protecting your business and a list of resources to help you navigate ADA compliance.
Protecting Your Business
1. Receive a CASp Assessment
A Certified Access Specialist (CASp) assessment is a thorough evaluation of a property to determine compliance with the Americans with Disabilities Act (ADA). The assessment identifies any construction-related violations that may exist and is performed by a state- certified professional with expertise in state and federal accessibility standards. CASp assessments are a proactive step businesses can take to learn of any ADA violations they may have. If violations are found, the business receives a 120-day grace period to make necessary corrections. For more information, visit the State Department of General Services’ website.
2. Proactive Self-Inspections
Perform regular internal reviews of your facility to identify and address potential accessibility barriers. Prioritize correcting any visible or known issues.
3. Staff Training
Ensure employees can assist disabled customers and recognize accessibility concerns. Foster a workplace culture where employees feel comfortable reporting potential ADA compliance issues.
4. Documentation and Recordkeeping
Maintain detailed records of identified violations, corrective actions taken, receipts for construction or modifications, and any CASp reports received. Proper documentation demonstrates good faith efforts toward compliance.
Common ADA Violations
Below are a few examples of the most common ADA violations in a business. This is not an exhaustive list. We recommend working with a CASp professional to outline all violations you may have in your establishment.
• Parking & Exterior: Incorrect size of accessible parking spots, mislabeled or unlabeled accessible parking spots, and uneven or cracked surfaces in accessible paths.
• Entrances & Doors: Avoid door handles that require twisting or pinching motions (e.g., round knobs) and steps at entry with no ramp.
• Restrooms: Grab bars missing or at the wrong height, toilet placement without enough space surrounding it, and paper towel dispensers or soap at wrong height.
• Dining or Retail Areas: aisles that are not wide enough, counters too high, and lacking an accessible seating option.
• Signage: Missing Braille signage at doorways like restrooms or exits, and signage that is placed too high or lacks contrast.
Government Support for ADA Compliance
You may be able to receive help from your local government for CASp inspections and coming into compliance with the ADA.
City of San Jose programs
The City of San Jose has two programs to help your business in paying for ADA compliance. Read a summary below and find out more at this link.
• PHASE 1 - Up to $8,000 for initial consultation:
- Receive a CASp report and have the cost credited back to you.
- Fees related to reviewing building plans and receiving permits or inspections outlined as necessary in your CASp report will be credited back to you, up to $8,000.
• PHASE 2 - Up to $25,000 and may cover:
- Professional design services to remove ADA barriers.
- Construction and labor costs to remove ADA barriers.
- Purchase and installation of certain accessible furniture, fixtures, and equipment.
- Initial CASp inspection and report if the recommended remedial work does not require City permits or does not qualify for Phase 1.
- Final CASp inspection after completion of corrective work.
Learn more about San Jose's grant programs here.
Tax Incentives
Your business may also receive two tax incentives that are available to help businesses cover costs for making accessibility improvements.
First, the federal government offers a tax credit of 50% of the maximum expenditure of $10,250 in qualified access related improvements, max $5,000 credited.
Next, there is also a tax deduction available to all businesses. The maximum deduction is $15,000 per year.
Additional Resources for Your Business
• 2022 California Access Compliance Advisory Reference Manual (PDF)
• City of San Jose Bulletin #226: What building and business owners should know and do to avoid a lawsuit and understand your ongoing responsibility
• City of San Jose Disability Access Improvement Grant Program
Looking to find a CASp specialist? Check out the State’s list of certified CASp specialists here.
This guide was created by the San Jose Chamber of Commerce to support compliance and accessibility for all. For more resources or assistance, visit www.sjchamber.com or contact us at info@sjchamber.com.