In general, most accommodations required for a person with a disability cost under $500. Most accommodations are low tech and easily remedied. VocRehab Vermont and VABIR can assess your workplace and determine what is the minimum that needs to be done to meet the needs of a person with a disability.

New construction and/or modifications to an existing building must be accessible to individuals with disabilities. For existing facilities, barriers to services must be removed if readily achievable.

Much of the requirements for accommodations under the ADA is determined on a case-by-case basis. The nature and cost of the needed improvements, the overall financial resources of the facility, the number of person employed and the impact on the operation of the facilities all must be determined. There are many ways to make a facility accessible and ensure that the person with a disability has equal access to break rooms, meeting rooms, and offices.

If you offer services to the general public, then asking for a site accessibility review by VR may be worth your while to ensure equal access under the law. For more information about ADA requirements, visit www.ada.gov.

Title III is defined under three areas:

1. New Construction:

Vermont law overrides ADAAG because it is more prominent and has been in effect for more than 20 years. The difference in the Vermont law regarding new construction is the second floor requirement for accessibility.

2. Alterations of Facilities

A facility or part of a facility that is altered needs to make alterations in such a manner to the maximum extent feasible, so that the facility is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

The overall alteration in terms of cost and scope need to be proportionate for accessibility (as determined under criteria established by the Public Accommodations Section of Title III).

At least 20% of the overall alteration cost needs to be allocated to accessibility.

3. Existing Buildings

The term “readily achievable” is key regarding existing buildings. Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense.

Congress intended a case-by-case determination. In determining whether an action is readily achievable, factors to be considered include:

• The nature and cost of the action needed under this chapter.
• The overall financial resources of the facility or facilities involved in the action, the number of persons employed at such facility, the effect of expenses and resources, of the impact otherwise of such action upon the operation of the facilities.
• The overall financial resources to covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type and location of its facilities.
• The type of operation or operations of the covered entity, including the composition, structure and functions of the workforce of such entity; the geographic separateness, administrative or fiscal relationship of the facility of facilities in question to the covered entity.

There is NO grandfather clause regarding “public accommodations in existing buildings.”

For more information on Accommodations, go to www.ada.gov.