7 minute read
Welcoming People with Disabilities
You’ve built the business of your dreams – a state of the art Glamping resort made to connect people with nature and each other in luxury accommodations with gracious amenities. All designed and built per the Americans with Disabilities Act, or ADA. As you prepare to open, the next step is to set up proper policies and procedures and train your staff for ADA public compliance. This will help you welcome people with disabilities and help to protect your organization from discrimination lawsuits and complaints.
The ADA, or Americans with Disabilities Act, is a federal Civil Rights law in the United States. It applies in all fifty states and includes Glamping Resorts, which are considered places of public accommodations, under ADA Title III. You are required to have newly designed, constructed or altered facilities be readily accessible to and usable by individuals with disabilities – this is addressed in the design stage. ADA Title III also prohibits discrimination in the activities of places of public accommodation – this is addressed with policies, practices and procedures. (Note: there are separate requirements for employees – see ADA.gov for more information).
Serving the Public - Modifications in Policies, Practices or Procedures
You must make reasonable modifications when necessary to afford goods, services, facilities, privileges, advantages or accommodations unless you can demonstrate that doing so would fundamentally alter the nature of the goods, services, facilities, privileges, advantages or accommodations.
You cannot have an eligibility criterion that screens out or tends to screen out individuals with disabilities from fully enjoying any goods, services, facilities, privileges, advantages, or accommodations unless that criteria can be shown to be necessary. A public accommodation may impose legitimate safety requirements that are necessary for safe operation. Safety requirements must be based on actual risks and not mere speculation, stereotypes, or generalizations about individuals with disabilities. For example, you may restrict golf carts used for disabilities on lodging sites on steep terrain.
A Disability means a physical or mental impairment that substantially limits one or more major life activities. Disabilities can be visible or non-visible – you cannot tell by looking.
A public accommodation may not impose a surcharge on individuals or groups with disabilities to cover costs of measures such as Auxiliary aids, barrier removal, alternative to barrier removal and reasonable modifications on policies, practices or procedures that are required to provide that group with nondiscriminatory treatment required by ADA. This means you cannot charge extra for an accessible cabin. These modifications should be readily achievable. Readily Achievable means easily accomplishable and able to be carried out without much difficulty or expense.
What is a Disability Under ADA?
A Disability means a physical or mental impairment that substantially limits one or more major life activities. Disabilities can be visible or non-visible – you cannot tell by looking. For example, if a person with epilepsy has a service dog this is a non-visible disability. If they share information on their disability, that is their choice, but you cannot ask them what their disability is and you cannot screen them out from staying with you due to their disability. You can ask if the service animal is required because of a disability. You must make all accommodations available to the person with the service animal, even pet free lodging, with no extra charge. Hospitable and proper language to use is, “how can we accommodate you?” and staff should be trained to ask a manager to help when they are not sure of the next best step.
What can happen if you do not make reasonable accommodations? A complaint can be filed against you through the justice department, who will investigate, fine and require remedies in areas of non-compliance. Also, a civil lawsuit can be filed from customers who allege discrimination because of a disability. A civil suit for discrimination requires a defense, regardless if you are compliant or not. Businesses typically see $15,000 - $20,000 in defense and indemnity when a judgement is made against them. Your business insurance General Liability policy does not cover discrimination lawsuits. Coverage is available for employee and staff discrimination under a separate policy called Employment Practices Liability with Third Party Coverage.
Here are some hot topics for Glamping and Outdoor Hospitality:
Reservations
Modify your policies, practices and procedures. The first step is to identify and describe accessible features of the resort and lodging. As much as possible show this on the website so people with disabilities can independently determine if your resort is a good fit for them. Also, reinforce to staff that being ADA compliant is not one size fits all and be willing to extend hospitality by saying, “how can I accommodate you?” – for example offering to take additional pictures of the interior of a lodging unit so that a special detail needed by the guest can be accessed by them.
You are required to ensure accessible rooms/ sites/yurts/lodging are held for those with disabilities. Typically, this is done by having a guest check that this is needed on the form to reserve the lodging. After other lodging spots are filled the remaining spots can be reserved by those without a disability. Remember, when asked, you are required reserve and hold the accessible lodging and guarantee for the reserving customer.
Websites & Lawsuits
There has been a history of cut and paste lawsuits on website accessibility. Activists have targeted businesses and file civil suits if there is non-compliance, often without staying at the resort. Require your web designer to follow the guidelines of WWW Consortium’s Web Accessibility Initiative. Like Architects, website designers are familiar with the ADA issues. Again, discrimination lawsuits can be covered by a special insurance policy.
Service Animals
Service animals include Service Dogs and Mini Horses. There are only two questions you can ask:
• Is the animal is required because of a disability?
• What work or task the animal has been trained to perform?
It is important to know that service animals must be under control of the handler at all times – by leash or voice command. Service animals are not pets and are not emotional support animals. If someone says that the animal is required because of a disability you are required to make reasonable accommodations.
Pools & Recreation Areas
Accessible entry is needed for pools and various recreation areas. These should be identified in the design stage and highlighted in photos on your website.
Finally, some tips for success
1. Can I Google search your features?
2. Listen to information people with disabilities volunteer about their needs.
3. Ask, “How Can I Accommodate you?”
4. Offer to find out more information to accommodate their needs.
5. Talk to the person with a disability directly.
6. Accept them at their word.
7. Do not make assumptions about the person or their disability.
8. Educate & empower your staff to welcome people with disabilities.
Welcoming people with disabilities to your glamping resort is good hospitality, good business and it is the law. There is no certification available, and the law is far from black and white. As you plan your policies, procedures and employee training document what you are doing to be compliant so that you have written record of your standards of service and hospitality.
For more information the ADA has a great web page for business that are open to the public www.ada.gov/topics/title-iii/.
About Irene Jones
Irene Jones is the Program Manager at Marshall & Sterling Insurance Camping and Outdoor Hospitality Insurance Program. A 25-year veteran of the insurance industry, Irene holds an Associates in Risk Management and has facilitated education on insurance and risk management topics across the Outdoor Hospitality Community with classes, articles, newsletter and videos series.
