MYTH:

The government thinks everything accessible is readily achievable.

FACT:

Not true.  Often it may not be readily achievable to remove a barrier — especially in older structures.  Let’s say a small business is located above ground.  Installing an elevator would not, most likely, be readily achievable — and there may not be enough room to build a ramp — or the business may not be profitable enough to build a ramp.  In these circumstances, the ADA would allow a business to simply provide curbside service to persons with disabilities.

MYTH:

Accommodating workers with disabilities costs too much.

FACT:

Reasonable accommodation is usually far less expensive than many people think.  In most cases, an appropriate reasonable accommodation can be made without difficulty and at little or no cost.

MYTH:

The ADA requires businesses to remove barriers overnight.

FACT:

Businesses are only required to do what is readily achievable at that time.  A small business may find that installing a ramp is not readily achievable this year, but if profits improve it will be readily achievable next year. Businesses are encouraged to evaluate their facilities and develop a long-term plan for barrier removal that is commensurate with their resources.

MYTH:

The ADA requires extensive renovation of all state and local government buildings to make them accessible.

MYTH:

The ADA forces business and government to spend lots of money hiring unqualified people.

FACT:

No unqualified job applicant or employee with a disability can claim employment discrimination under the ADA.  Employees must meet all the requirements of the job and perform the essential functions of the job with or without reasonable accommodation.  No accommodation must be provided if it would result in an undue hardship on the employer.

MYTH:

The government is no help when it comes to paying for accessibility.

FACT:

Not so.  Federal tax incentives are available to help meet the cost of ADA compliance.

MYTH:

Businesses must pay large fines when they violate the ADA.

FACT:

Courts may levy civil penalties only in cases brought by the Justice Department, not private litigants.  The Department only seeks such penalties when the violation is substantial and the business has shown bad faith in failing to comply.  Bad faith can take many forms, including hostile acts against people with disabilities, a long-term failure even to inquire into what the ADA requires, or sustained resistance to voluntary compliance. The Department also considers a business’ size and resources in determining whether civil penalties are appropriate.  Civil penalties may not be assessed in cases against state or local governments or employers.

MYTH:

Many ADA cases involve frivolous issues.

FACT:

The Justice Department’s enforcement of the ADA has been fair and rooted in common sense.  The overwhelming majority of complaints received by the Justice Department have merit. Their focus is on fundamental issues related to access to goods and services that are basic to people’s lives. They have avoided pursuing fringe and frivolous issues and will continue to do so.

MYTH:

The ADA requires private citizens to modify their homes to allow people with disabilities to visit.

MYTH:

American Disability Association (ADA) suits are flooding the courts.

FACT:

The ADA has resulted in a surprisingly small number of lawsuits — only about 650 nationwide in five years. That’s tiny compared to the 6 million businesses; 666,000 public and private employers; and 80,000 units of state and local government that must comply.