Skip Navigation
News - AT Messenger
DATI Logo

Delaware Assistive Technology Initiative

. . . bringing technology to you

AT Messenger Logo - Bringing Technology to You

Vol. 4, No. 1, Jan/Feb 1996

Previous Issues

Subscribe to AT Messenger
Download PDF Viewer
PDF Version (for printing)
Text Version

ADA Consultants: What to Look For and What to Look Out For

by Jennifer C. Mechem

Like most business people, you have probably wondered how to make sure your business or facility is complying with the Americans with Disabilities Act. How can you be sure you're getting accurate and up-to-date information and advice? The number of consultants seeking to help businesses with ADA compliance has exploded; some are excellent, while others are more interested in your checkbook than in creative problem-solving. Fortunately, it's not hard to spot the warning signs to avoid consultants who are misleading, deceptive, or simply misinformed.

What to Look Out For

Alleged "ADA Certification": Be wary of any company that claims its products or services are "ADA Certified" or "ADA Approved." This should be an instant tip-off that something is wrong, because there are no certification standards or qualifications issued by any regulatory body.

If a local disability group, or any other entity, offers decals or other accessibility ratings, be aware that these ratings have no legal status. If the ratings represent an informed evaluation of the business based on the ADA architectural guidelines (ADAAG), they may be a useful publicity tool for notifying the public that your business is concerned about access and has taken steps to ensure compliance. However, there are many ways to advertise your accessibility; make sure that the organization doing the rating is using accurate standards, and does not represent the ratings as anything other than a recommendation similar to that found in a restaurant review or travel guide.

ADA-Compliant Products: Be wary of any manufacturer who tells you that his or her product is ADA-compliant. A product, such as a lever door handle, may be useful in achieving compliance in specific applications, but the product itself cannot ensure that you meet the ADA guidelines. The installation and environment are different in every case, so you still need to look at the big picture to judge access. What if the lever handles are installed on a door that is too narrow for a person in a wheelchair to get through?

One movie theatre owner learned the hard way not to rely only on product information about ADA compliance. He bought an assistive listening system that was advertised as meeting all the ADA requirements for hearing-impaired patrons, but turned out not to be compatible with most hearing-aids. He had to buy additional parts later; fortunately, they were not expensive, but a little research and help from the right sources would have saved him some trouble.

Scare Tactics: Be wary of any company that says you risk being sued or fined for noncompliance if you don't buy their product or attend their seminar. Free or low-cost information and technical assistance are available from a number of reputable sources, including the EEOC, the Department of Justice (DOJ), the Disability and Business Technical Assistance Centers (DBTACs), and many local disability organizations. Scare tactics like this only serve to obscure the real reasons for complying with the ADA: high employee productivity, better customer service, and overall economic growth.

If your building is not currently accessible, some remodeling may be necessary, but perhaps not as much as you think. Remember to follow the DOJ priorities for barrier removal: first, access to "get through the door" from parking areas or sidewalks; second, access to the "primary function areas," where goods and services are provided; third, access to restrooms when they are open to the public; and fourth, other areas such as drinking fountains, phones, etc.

Also, make sure that you understand the difference between guidelines for new construction and for existing facilities. In an existing building, barrier removal is only required when it is "readily achievable" and there are many alternatives to costly construction. For example, instead of lowering a drinking fountain, put an accessible cup dispenser next to it.

Applying the architectural guidelines incorrectly is a common mistake. If you hire an architect or contractor who doesn't fully understand the context and rationale behind the accessibility guidelines, they may not be able to give you the information you need to make effective decisions about barrier removal.

What to Look For

Use Common Sense and Good Judgement: Just as you would with any other business transaction, use recommendations and professional networks to locate qualified ADA consultants. Look for a firm that has been around for a while and has a good reputation. Inquire about the company's insurance coverage and any necessary licenses or professional certifications. Ask for references and check them. Avoid companies that use high-pressure tactics, and check with your local Better Business Bureau if you have any concerns.

Trainers or "Disability Awareness" Consultants: Inquire about the training or teaching background of the individuals who will be doing the actual presentations. Ask if people with disabilities conduct the training, and what other types of training the company does; companies that do primarily motivational or general business training may not have the sensitivity and expertise to give you the context and interpretation of the law. Make sure the training will focus on pro-active steps you can take to comply with the ADA, rather than simply how to avoid litigation. And lastly, ask if the company provides its training materials in alternate formats, such as Braille, tape, large print, written transcripts, or videos with captions. Any reputable disability trainer should be willing to provide those on request, though they may ask for advance notice.

Start With the Disability Community: Consult an independent living center or other organization that represents people with disabilities to get some suggestions before you hire a consultant. When selecting a consultant, don't assume that anyone who has a disability is an expert on the ADA, but do look for companies that have people with disabilities on staff. Inquire about the firm's qualifications to do access modifications or other specialized ADA-related work, but avoid those who claim bogus certification. Look for evidence of expertise by asking about previous clients and the type of work performed for them.

The Goal: In seeking a consultant, find someone who can help you make the ADA work for you as a tool to create a more equitable, effective, and profitable business. Once you find a company, you may be pleasantly surprised at how sensible and flexible the law is, and how easy it is to become educated on the ADA and how to comply with it.

Reprinted with permission from "ADA In Action", Fall 1995

Additional Resource: There is an excellent brochure on "How to Avoid Scams and Schemes Related to the ADA." To order, contact The Council of Better Business Bureaus, Inc., 4200 Wilson Boulevard, Arlington, VA 22203. Call 800-949-4232 for free technical assistance on the ADA.

Current Issue