ADA compliance isn’t just a legal requirement — it’s a way to make your business more welcoming, build customer trust, improve employee retention, and avoid costly mistakes.

There are a few key ADA requirements that apply to retail stores: Americans With Disabilities Act of 1990: Title I for Employment, and Americans With Disabilities Act of 1990: Title III for Public Accommodations

Public accommodations are businesses and non-profit organizations (private entities) that provide goods and services to the public, which includes retailers. ADA Title III applies to public accommodations. Title III requires places of public accommodation to make “reasonable modifications to policies, practices, and procedures.”

Key requirements of this act for retailers:

  • Ensure communication with people with disabilities is as effective as communication with others.
  • Provide “auxiliary aids and services” where necessary to ensure that communications are effective, unless the result would be an undue financial and administrative burden.
  • Make reasonable modifications in policies, practices, and procedures if necessary for people with disabilities to participate, unless a reasonable modification would cause a fundamental alteration in the program. Consider other reasonable modifications that don’t cause a fundamental alteration in the program.
  • Remove physical barriers at inaccessible facilities when “readily achievable,” or “easily accomplishable and able to be carried out without much difficulty or expense.”
  • New construction and alterations must be accessible.

Specific considerations for retailers from the 2010 Standards for Accessible Design:

  • One in six parking spots must be “van accessible.”
  • Have at least one accessible route to building entrances from site arrival points.
  • Curb ramps cannot protrude into the access aisle (must be 36 inches deep to cross).
  • Regarding entrances, at least one compliant door or doorway, and the International Symbol of Access (ISA), also known as the International Wheelchair Symbol, is required.
  • All areas must comply, except employee work areas, partially scoped spaces, and exempted structures and spaces.
    • Employee work area minimum requirements include approach, entry, and exit, circulation paths, and visual alarm connection.

What are the potential consequences of non-compliance — and the benefits of getting it right?

Non-compliance with ADA Title III can lead to significant legal and financial consequences for businesses. Title III requires public accommodations to ensure accessibility for individuals with disabilities, including making their physical spaces and digital platforms accessible.

Potential consequences of non-compliance:

  • Equal Opportunity: Businesses must provide individuals with disabilities equal access to goods and services.
  • Accessibility Standards: Compliance with the ADA Standards for Accessible Design is required, which includes physical accessibility and effective communication.
  • Penalties: Non-compliance can result in civil penalties, with first violations reaching up to $75,000, and subsequent violations exceeding $150,000.
  • Legal Risks: Businesses may face lawsuits and settlements, which can be costly and disruptive.
  • Breach of constituent trust (future applicants, current employees, additional stakeholders).

Benefits of getting it right:

  • Stronger employee retention (workplace culture, belonging, mental health).
  • A higher number of qualified applicants (over one in four Americans has a disability).
  • “Universal Design Approach” can also show inclusion to staff without a disability and promote a culture of inclusion.
  • Increased buy-in from executive leaders can have a top-down approach to allow all staff to feel welcomed.
  • Allows the company’s mission statement to be consistent.

In closing, individuals with disabilities are over one in four of us. Our workforce, workplace, and society as a whole will be immeasurably advantaged by having a culture that’s inclusive of individuals with disabilities. Working together, internally and externally, will help make this a reality.

Who can retailers contact for help or an accessibility audit:

State of Michigan Department of Civil Rights:

MRS Business Network Division:

  • LEO - MRS for Business
    • Disability-focused trainings for businesses (Mental Health and Mindfulness, Reasonable Accommodations, General Disability Awareness, Windmills, ADA Knowledge/Compliance).

Other MRS disability partners in Michigan:

Disability Network:

Justin Skibin can be reached at skibinj@michigan.gov.