Chamber Calls for Balanced Approach on ADA Changes

The administration should consider the costs and burdens of its proposed accessibility requirements on business owners before it makes changes to the Americans with Disability Act (ADA), according to U.S. Chamber Vice President of Labor, Immigration and Employee Benefits Randy Johnson.

Speaking at a July 15 Department of Justice hearing on ADA reform, Johnson pointed out that the administration’s proposed rule would impact all businesses, not just stadiums and movie theaters as some have suggested. “I am not exaggerating when I say that this regulation will impact all Chamber members—if only to the extent that they have to determine whether any changes are in order, which is not an easy task given the regulation’s length.”

The proposed regulation would cover every aspect of accessibility in commercial facilities and public accommodations—everything from the width of “circulation paths” to the height of light switches—thereby creating an even greater burden on businesses already weighed down by various compliance requirements, according to Johnson. “We and the agencies tend to look at these regulations in isolation. But I would plead with you going forward to keep in mind the awesome challenges businesses face in complying with all these regulations.”

Unlike other regulations, Johnson noted, the proposed DOJ rule does not include an exemption for small businesses and would likely increase litigation. “The new guidelines will trigger new opportunities for trial lawyers to bring actions alleging non-compliance,” Johnson said.

View all the hearing testimony at www.ada.gov

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