An overwhelming 96% of people with disabilities, as well as their friends and family, found that the American Disability Act (ADA) had made a difference in the lives of people with disabilities, a study by the United Cerebral Palsy Association showed.
A further four in five (81%) people stated that the ADA made a difference in their own life.
As we approach the deadline for the European Accessibility Act (EAA), it will be interesting to see if we are finding similar, positive results for its impact in another decade or two.
In this edition of Accessibility Amplified, we will discuss two acronyms that support disabled people and those that require accessibility support: the EAA and ADA.
In short, here is the difference between the EAA and ADA:
The former is a European Union (EU) directive that some businesses selling products and services must adhere to they are accessible to those with disabilities.
On the other hand, the ADA is a civil rights law that forbids discrimination against disabled people in the United States of America.
There are some similarities between what both laws and directives are trying to achieve. But there are also some key differences too, so let’s take a look!
EAA and ADA: in more detail
The EAA directive aims to make more products and services accessible. It relates to products that are commonly used by people with disabilities in the EU.
Which products are covered by the EAA?
- Smartphones
- Tablets, computers, and laptops
- Ticketing machines
- Television equipment, streaming services, and TV programmes
- Banking services
- ATMs, ticket machines and check-in machines
- E-books
- Online shopping websites
- Transport services
And each of these products or services has standards associated with it so they are accessible. These standards must be reached so the entity can be traded in the EU and not break any rules.
As for the ADA, this law is split into five sections of public life.
- Equal employment opportunity: Employers - with 15+ employees - must provide reasonable adjustments to applicants/employees (such as adjusting training materials with those with disabilities in mind).
- Non-discrimination in state and local services: This relates to programs, activities, services, and public services.
- Non-discrimination in public and commercial facilities: This surrounds hotels, restaurants, retailers, doctors, golf courses, private schools, daycare centers, stadiums, movie theatres, and more. Barriers should be removed (such as creating accessibility ramps) and businesses should take steps to communicate effectively with those with speech, hearing, and vision disabilities.
- Telephone and internet companies: Must provide telecommunications services so those with hearing and speech disabilities can communicate via the phone. Public service announcements must have closed captions too.
- Miscellaneous: Provisions relating to the ADA including relationship to other laws etc, and lists conditions not to be considered disabilities.
There are similarities between the EAA and the ADA in making a conscious effort so that services are accessible to disabled people.
Key Differences between EAA and ADA
Who it impacts
One stark difference is that the EAA is an EU directive, so it spans that whole region, whereas the ADA is US-focused.
The EAA impacts companies that trade in EU member states, any business with 10 or more staff, and a turnover of more than €2 million. It mainly concerns businesses in the private sector.
Even if a business has a headquarters outside of the EU but they sell goods or services in the EU, they must comply with the EAA.
In contrast, the ADA will affect business and public services in the United States. There are stipulations though as it doesn’t apply to everyone, such as very small businesses dependant on numbers.
For example, equal employment opportunities to provide reasonable adjustments must be enforced by companies with 15 or more workers.
However, do note that it can also impact companies from other countries (not just the US), if they have a physical presence in the US, such as an office or a store. It particularly affects public-facing services in the US where physical and digital accessibility is relevant.
Timeline
The EAA has been effective from 2019, but businesses have to ensure all the accessibility measures are in place by 28 June 2025.
On the contrary, the ADA came into law back in 1990. Most recently in 2008, the ADA Amendments Act was signed into law which made alterations to the term ‘disability’.
Risks
Non-compliance with the EAA can lead to financial and reputational damage.
For example, three penalties for non-compliance with the EAA include:
- France: Up to €250,000
- Sweden: Up to €200,000 as well as the risk of corrective action
- Ireland: Up to €60,000 and or imprisonment up to 18 months for severe non-compliance
Not following the ADA can result in:
- Financial damage: For example, a first offense of discrimination in public and commercial facilities (title III) can lead to a $75,000 fine. A second offense could demand a $150,000 fine.
- Legal cases
- Reputational damage
- And more
One example where the ADA brought about financial penalties was when Walmart was found to have discriminated against a worker with down syndrome.
A sales associate in Wisconsin was let go for attendance problems after her afternoon shift was adjusted – the shift enabled her to get a bus to and from work. After the change, lawyers of the former team member say she asked for her original shift pattern again. The Equal Employment Opportunity Commission (EEOC) said that due to her disability, it made it hard to get used to a new routine.
Walmart was told to pay $125 million but the actual fee would come to around $300,000.
EAA and ADA: Which impacts me?
Well, this all depends on where you are based, and then what the aim is.
If your business trades in the EU, has 10+ staff, and a turnover of more than €2 million, the EAA likely relates to you. You have until 28 June 2025 to make the changes needed. It mainly impacts the private sector.
Whereas with the ADA, this is a constant case of law enforcement. If you are in America, depending on your offering, you will need to adhere to different parts of the ADA to avoid any damages.
Conclusion
Now I’m sure you’re able to piece together the two different laws and directives that aim to create a more accessible society in different ways.
As the EAA deadline fast approaches, let’s hope we will be looking at the impact of the EAA in the same way the ADA is considered.
But now it’s down to affected businesses in the EU to make their move.
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