June 25, 2005

Pat Cleary at the National Association of Manufacturers says the association has filed comments (PDF) critical of proposals pending at the Department of Justice that would expand the architectural coverage of the Americans with Disabilities Act. In particular, the rules would require employers to adopt broader handicap accessibility standards for their entire facilities, including employee-only areas, even if they do not employ and are unlikely to employ any employee who needs such accommodation. At present, areas open to the public must generally be made fully accessible; however, unless any particular employee requires accommodation, employee-only areas need only be made accessible for disabled persons to enter, exit and approach. The new proposals, in addition to altering requirements in a number of other areas, would require that steps, curbs and other barriers be removed from all commonly used circulation routes within employee-only zones, according to a NAM fact sheet. Moreover, Cleary says, the rules would impose ADA burdens on employers too small to be covered under the ADA's employment provisions. The comment period on the proposals ended May 31.