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Title III of the Americans with Disabilities Act (ADA) prohibits discrimination in "places of public accommodation," which include private entities such as hotels, restaurants, retail stores, schools, and service establishments. Compliance requires not only physical accessibility but also comprehensive policies to ensure effective communication and equal enjoyment of goods and services for individuals with disabilities.

Key Policy Requirements

To comply with Title III, businesses must:

Modify Policies: Make reasonable adjustments to rules (e.g., allowing service animals) to accommodate disabilities.

Remove Barriers: Eliminate eligibility criteria that screen out individuals with disabilities unless necessary for the service.

Ensure Effective Communication: Provide auxiliary aids and services to ensure individuals with vision, hearing, or speech impairments are not excluded.

Auxiliary Aids and Services

Public accommodations must provide aids to bridge communication gaps. While the business usually selects the specific aid, it must result in effective communication.

For Hearing Impairments: Options include sign language interpreters, note-takers, assistive listening systems, and captioning.

For Vision Impairments: Options include qualified readers, Braille or large print materials, audio recordings, and screen-reader-compatible websites.

For Speech Impairments: Options include speech-to-speech translators, communication boards, and pen and paper.

Procedures and Limitations

Assessment: The most effective way to determine the right aid is to consult the individual with the disability directly.

Exceptions: Businesses are not required to provide aids that would result in an "undue burden" (significant difficulty or expense) or a "fundamental alteration" to the nature of the goods/services.

Prohibitions: Businesses cannot impose surcharges on individuals with disabilities to cover the costs of these aids, nor should they require family members or friends to interpret.

Best Practices for Risk Management

To avoid litigation and ensure regulatory compliance, organizations should:
Create Written Policies: Clearly detail how staff should respond to accessibility requests.

Train Staff: Ensure client-facing employees understand how to interact with individuals with disabilities and access necessary services.

Audit Digital Assets: Regularly check websites and apps against Web

Content Accessibility Guidelines (WCAG).

Plan Ahead: Establish contracts with service providers (like interpreting agencies) in advance to prevent service denials.