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ADA Compliance Checklist: Accommodations, Access, Penalties

Use this ADA compliance checklist for 2026: accommodation duties, Title III access, DOJ penalties and tax credits for foreign-owned and cross-border firms.

Last reviewed October 27, 2026 · 3 min read · General information, not legal advice

General information only, not legal advice. CPA Tax Payroll and Accounting Corp is a CPA firm, not a law firm. Laws change: confirm with the official source or a licensed attorney before you act. Read the full notice.

This ADA compliance checklist backs up the overview with duties, 2026 amounts and recent changes for U.S. businesses with India or Canada ties. Related: the ADEA and Title VII.

What the law requires

RequirementIn plain words
No discrimination (Title I)Hiring, pay, training and other terms; no retaliation
AccommodationAdjust for known limits unless undue hardship (significant difficulty or expense). Plain words count as a request.
Medical questionsNone before an offer; entry exams only if all new staff get them; files kept separate
Equal access (Title III)Equal use of goods and facilities; interpreters, captions or notetakers; barriers removed when readily achievable; service dogs despite no-pets rules
New work2010 Standards if the last permit application was certified complete on or after March 15, 2012
Notice and recordsPost the EEOC notice; keep personnel records 1 year (EEOC rule; record retention)

Key numbers and dates

ItemAmount or dateYear or status
EEOC charge180 days; 300 in Illinois (15 or more employees). Suit window: 90 days after EEOC notice.2026
Job damages cap, compensatory plus punitive$50,000 (15 to 100 employees), $100,000 (101 to 200), $200,000 (201 to 500), $300,000 (over 500); none if good-faith efforts, with the worker, to accommodate are shown1991 statute
DOJ penalty, Title IIIUp to $118,225 first, $236,451 laterAssessed after July 3, 2025; no 2026 rise
Access credit and deductionCredit: 50% of costs from $250 to $10,250, so $5,000 at most. Deduction: up to $15,000 a year.Statute
Title III penalty ceilings in DOJ suits U.S. dollars, October 2026
Statute base, first$50,000
Adjusted, first$118,225
Statute base, later$100,000
Adjusted, later$236,451

Source: 42 U.S.C. 12188; 28 CFR 85.5

Recent and pending changes

  • September 11, 2025: DOJ withdrew 54 rulemaking actions; two were ADA items, neither a private-website rule.
  • October 27, 2025: the EEOC's voting quorum was restored.

The named checklist: your ADA compliance checklist

The Curb-to-Cursor Access Round:

  1. Curb: walk from street to counter and list easy fixes.
  2. Plans: for new work, ask your architect which standard applies.
  3. Counter: plan written notes, large print, captions or an interpreter.
  4. Cursor: test forms and booking with the keyboard alone.
  5. Desk: take health questions out of interview scripts.
  6. Request: write a plain-English accommodation process and log each case.
  7. Paper: post the EEOC notice; keep invoices for Form 8826.

Common mistakes

  • Assuming under 15 employees ends any duty; Title III has no size test.
  • Waiting for the phrase "reasonable accommodation."
  • Asking about health before an offer.
  • Applying a no-pets rule to a service dog.

When to bring in an attorney

A CPA cannot answer these.

  • A demand letter, lawsuit or EEOC or Illinois Department of Human Rights charge.
  • Denying a request as undue hardship, or ending a job after a medical disclosure.
  • New construction, or a worker's visa question (immigration advice).

How we can help

We handle the U.S. tax, payroll and accounting side, including Form 8826 records, alongside your attorney, Canadian CPA or Indian CA. See business tax returns and payroll compliance.

Frequently asked questions

Does my website need to meet WCAG?

No federal regulation requires it for private sites, but DOJ guidance of March 18, 2022 says Title III covers web content.

Can a customer sue me for money under the ADA?

A private federal Title III suit seeks a court order, and the court may award fees. State law may add remedies.

Are emotional-support animals service animals?

Not under the ADA, which counts only dogs trained for disability-related tasks. Some state or local laws differ.

Who qualifies for the Disabled Access Credit?

Businesses with prior-year receipts of $1,000,000 or less, or 30 or fewer full-time employees.

Official sources

This page summarizes public guidance in plain language. If anything here differs from the official source, the official source controls.