Radiologists and Disability Access Requirements

Abstract

Most radiologists have heard of the Americans With Disabilities Act (ADA) in the context of employment issues. The ADA, enacted in 1990, prohibits employers with more than 15 employees from discriminating against employees who either have qualifying disabilities or are regarded by their employers as having qualifying disabilities. But the ADA goes far beyond prohibiting disability discrimination in employment. Title III of the ADA prohibits disability discrimination by public accommodations. Specifically, Title III provides that no individual may be discriminated against on the basis of disability in the full and equal enjoyment of the services offered in any place of public accommodation [1]. To ensure “full and equal enjoyment,” public accommodations must afford persons with disabilities the right to participate in the services provided by the public accommodations. ADA Title III also requires public accommodations to make reasonable modifications in their policies, practices, or procedures when necessary to provide services to individuals with disabilities [2]. A reasonable modification or accommodation is one that gives an otherwise qualified individual with a disability meaningful access to the program or services sought. Penalties for noncompliance with ADA Title III are substantial. Federal regulatory agencies are empowered to impose significant fines on public accommodations that violate Title III. These agencies, or the courts, may require public accommodations to