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Washington, D.C., July 21, 2011 - The American Hotel & Lodging Association (AH&LA) has launched a second part to its popular informational campaign testing hoteliers' knowledge on what they need to know - and do - to be compliant with the revised 1991 Americans with Disabilities Act (ADA) for commercial facilities, also referred to as ADA Title III regulations.  The first Test your Knowledge campaign helped members understand how their properties are required to provide guests with disabilities equal access to their facilities, goods, and services according to a new set of requirements relating to hotel facilities and operations.  Answers provided assist members in learning what needs to be done before the March 15, 2012, deadline. The second part of the Test Your Knowledge campaign focuses on the changes hoteliers should be aware in regard to their employees and features five questions: If your banquet server breaks his/her leg, how do you have to provide "reasonable accommodation? What is used to determine an "essential function" of a particular job? Is pregnancy considered an impairment? Does a perceived disability (whether actual or just assumed) receive the same treatment as an actual disability? What is the best way to find out more information about the regulations? Answers and explanations can be found at http://www.ahla.com/knowledge/, with additional guidelines to assist with implementation available for AH&LA members.  AH&LA recommends that careful attention is paid to these mandates, as fines and/or penalties could be issued for noncompliance.  Experts at AH&LA are available to assist members with individual questions, but members are also advised to seek the assistance of a legal specialist. The ADA change is the first in a series of Test Your Knowledge campaigns to be released throughout the year.  Each campaign will reflect on a timely issue and pose key questions to hotel owners and operators, with the answers, as well as the information and resources needed to stay ahead of the curve available online. Serving the hospitality industry for a century, the American Hotel & Lodging Association (AH&LA) is the sole national association representing all sectors and stakeholders in the lodging industry, including individual hotel property members, hotel companies, student and faculty members, and industry suppliers. Headquartered in Washington, D.C., AH&LA provides members with national advocacy on Capitol Hill, public relations and image management, education, research and information, and other value-added services to provide bottom-line savings and ensure a positive business climate for the lodging industry. Partner state associations provide local representation and additional cost-saving benefits to members.

How much do you really know about how the ADA regulations impact your property? It's time to find out.

 Scroll down for the answers. No cheating... 

Question 1

Answer:  D. All of the Above 

Title III of the Americans with Disabilities Act applies to all Public Accommodations and Commercial Facilities. This includes nearly all publically available areas of a lodging establishment, such as swimming pools, golf courses, shooting ranges, beaches, restaurants, conference rooms, and lobbies.

The law is designed to protect civil rights of people who have physical and mental disabilities in a matter similar to the way previous civil rights laws have protected people of various races, religions, and ethnic backgrounds. The ADA provides individuals with disabilities the right to participate in and enjoy the goods, services, privileges, benefits, and accommodations offered to the general public.

For more information, visit the Department of Justice ADA Webpage.

AH&LA members can access additional resources here. 

Question 2

Answer: C. 5 Feet 

The 2010 Standards require a 5’-wide space around the toilet, and does not allow anything to be placed in that area.  The 1991 Standards allow a vanity to be placed in the area, provided there is still at least 36” of space around the toilet. 

Other changes in the Final Rule and the Department’s commentary may mitigate the impact of this rule in future alterations.  For example, the Final Rule eliminates the existing rule that if enough elements are altered in any given space, then the entire space has to be made fully accessible.  Thus, assuming your bathrooms comply with the 1991 Standards, hotels may be able to make soft-goods renovations in their guest rooms.  Additionally, you may be able to make changes in the bathroom without triggering an obligation to comply with the new toilet clear floor space or vanity requirements, provided these specific elements are left intact. 

Finally, some of the Department’s commentary suggests that compliance with the 2010 Standards may be considered technically infeasible if plumbing stacks, mechanical equipment, and walls cannot be moved.

AH&LA members can access additional resources here.

Question 3

Answer: False 

The Department added significant changes to how reservations are made, but they do allow that when demand is high, accessible rooms can be sold to a non-disabled guest. The new regulations require hotel reservations services to hold back the accessible rooms in each room type for use by a person with a disability until they are the last to sell. The new regulations also require that, once reserved, accessible rooms be blocked and removed from all reservations systems to eliminate the possibility of double booking.

The Final Rule requires reservations systems to identify the accessible features of the hotel and guest room.  The Department declined to identify the specific information that must be provided in the regulation itself.  However, its discussion in the accompanying commentary does provide some guidance about what that information might be.  One aspect of the commentary is the Department’s suggestion that hotel reservations systems must include aspects of the hotel that are not accessible. 

AH&LA members can access additional resources here.

Question 4

Answer:  A. March, 2012 

The Department adopted a compliance date of March, 15, 2012, which is 18 months after the publication of the final rule in the Federal Register.

The Department accepted AH&LA’s 18-month proposal, providing that alterations and new construction projects for which the last permit application is submitted prior to the 18-month Compliance Date can either comply with the 1991 Standards or the 2010 Standards.  If no permits are involved in the project, then the date of the start of construction would be the defining event.

AH&LA members can access additional resources here.

Question 5

Answer:  D. All Properties 

The ADA applies to all Public Accommodations regardless of age of construction or renovation, although the applicable criteria may vary. The Department requires all properties to implement accessible features that are “Readily Achievable” unless certain prohibitive criteria exists making this impossible. In addition, the Department provides some grandfathering protections for existing facilities that currently comply with the previous ADA standards until the property under goes a renovation.

Question 6

Answer:  D. All of the Above 

AH&LA has produced multiple tools for its members to assist in their compliance with this far-reaching and confusing regulation. Among the tools AH&LA has developed are

• Webinars
• Advisories
• Legal memos
• Lodging Magazine articles
• Web documents
• Staff assistance

All tools are available to AH&LA members on AH&LA’s ADA Webpage.  Additionally, members can contact Kevin Maher for specific inquiries.