Americans with Disabilities Act: Overview, definition, and example
What is Americans with Disabilities Act?
Americans with Disabilities Act (ADA) refers to a U.S. federal law enacted in 1990 that prohibits discrimination against individuals with disabilities in areas like employment, public accommodations, transportation, and access to services. In contracts, an ADA clause typically confirms that one or both parties will comply with the ADA in connection with their obligations under the agreement—particularly in real estate, employment, and service provider contracts.
Why is Americans with Disabilities Act important?
The ADA ensures equal access and opportunity for individuals with disabilities. In a contractual context, referencing the ADA can help prevent legal liability by confirming that facilities, services, or employment practices will meet accessibility standards. It also provides a compliance framework for landlords, employers, vendors, and public-facing businesses. For parties performing services or managing property, the clause shifts responsibility clearly.
Understanding Americans with Disabilities Act through an example
A commercial landlord leases office space to a retail business. The lease includes an ADA clause stating that the tenant is responsible for ensuring that its buildout and operations comply with the ADA. If a customer later files a complaint about a lack of wheelchair access, the clause helps clarify that compliance is the tenant’s responsibility, not the landlord’s.
Example of an Americans with Disabilities Act clause
"Each party agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990, as amended, in the performance of its obligations under this agreement, including but not limited to any construction, alterations, or use of facilities open to the public."
Conclusion
The Americans with Disabilities Act clause helps clarify who is responsible for accessibility compliance under federal law. It supports inclusivity while managing risk and legal exposure, especially in property, employment, and service-related contracts. If your business involves public access or facility use, this clause is a standard—and essential—addition.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.