ADA compliance for small business means following two sets of rules in one 1990 law, the Americans with Disabilities Act (ADA). Title I covers jobs. The EEOC, short for the U.S. Equal Employment Opportunity Commission, enforces it. Title III reaches businesses that are open to the public; the U.S. Department of Justice (DOJ) enforces it, and so do private lawsuits. This page is for owners of U.S. businesses with India or Canada ties, such as a foreign-owned shop or clinic in the Fox Valley.
Who does ADA compliance for small business cover?
| Item | Rule |
|---|---|
| Title I employer | The employer has 15 or more employees for each working day in at least 20 calendar weeks of the current or preceding year. Excluded: Native American tribes, bona fide tax-exempt private clubs, and the U.S. government along with its wholly owned corporations. |
| Title III business | Private firms in listed categories, such as restaurants, stores, banks, hotels, medical offices, gyms, accountants' offices and insurance offices. Nonprofits serving the public count. Religious organizations and bona fide private clubs are exempt, though a club does not become exempt through fees alone. |
| Office buildings, warehouses, factories | Held only to the building standards the ADA sets for new construction and alterations. |
What ADA compliance means for a foreign-owned or cross-border business
| Situation | What the law says | What to check |
|---|---|---|
| Foreign-owned U.S. employer | Title I counts employees; its exclusions omit foreign ownership. Workplaces abroad have separate rules. | Count staff weekly. Ask an attorney how a parent group counts. |
| Storefront or office open to U.S. customers | No size test. Barriers come out when "readily achievable," judged by size and resources. | Entrance, parking, counter. See local licenses and permits. |
| Website or online booking | No federal regulation sets detailed standards for private sites. DOJ guidance of March 18, 2022 says Title III applies to web content. | Try forms with the keyboard alone. |
| Interviews for a U.S. job | No disability questions or medical exams before an offer. | Review interview scripts. |
| Access spending | Disabled Access Credit (Form 8826) and a deduction. | See business tax returns and planning. |
Where to go next
ADA rules and checklist has the numbers, changes and the Curb-to-Cursor Access Round. Related: the Age Discrimination in Employment Act, Title VII, the Illinois Human Rights Act and our U.S. employer checklist.
Frequently asked questions
Does the ADA apply under 15 employees?
Title I, for jobs, starts at 15. Title III has no size test.
Official sources
- U.S. Equal Employment Opportunity Commission: Titles I and V of the ADA
- ADA.gov: Title III, public accommodations
- EEOC: Time limits for filing a charge
- EEOC Chicago District: Timeliness
- IRS: Tax benefits for businesses who have employees with disabilities
This page summarizes public guidance in plain language. If anything here differs from the official source, the official source controls.