Customers with Disabilities and You

Customers with Disabilities and You

Having covered how disabled individuals can become business owners in my last post, this time I figured I would what happens when disabled individuals are on the other side of the situation, as your customers.  In particular, how to best accommodate customers with all sorts of disabilities.  For some of this there is clear guidance from the government, for other parts of it there is only guidance from individuals with disabilities themselves.

The Law and You

Most likely your small business has to be American with Disabilities Act (ADA) compliant with Title III, which covers who you serve, and possibly with Title I, which covers who you hire (which I do not plan to go into detail about here).  Title III covers, “Any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation”.  This has basically been said to cover everything except some private clubs and religious institutions.

However, even if you don’t have to comply with the ADA, you should still want to.  There are millions of people in America, and a good percentage of people in your area with disabilities.  These people with disabilities go shopping just like everyone else.  Thus, by making your place of business, and your business website, accessible, you will be increasing your customer pool a great deal.

The Place of Business

ADA guidelines, last released in 2010, cover several ways to easily make your business more disability friendly.  These primary address physical disabilities, deafness, and blindness.  These don’t include some other disabilities such as autism, but I will speak more upon that later.

One of the simplest things to do, is to go around your place of business, and imagine what it would be like for someone in a wheelchair to get around your business.  Are all the aisles wide enough?  Is there enough room to turn in the corners?  Can they reach everything they might want to buy?  Is there a way for them to easily check out?  If you have a bathroom, can they both easily get into and out of it?  If not, think of ways to make your place more accessible.

Other issues to consider have to do with other disabilities.  Is there a way for people with certain disabilities to speak to you, such as with a pencil and paper or with communication devices?  Does your business accommodate service dogs?  Do you have enough handicapped accessible parking spots (generally the rule is one accessible parking spot for every 25 total parking spots)?  These are the sorts of questions you should ask when trying to make your place of business ADA compliant.  Mores suggestions can be found at: https://www.ada.gov/business/retail_access.htm

Websites and ADA

When it comes to business websites, the law is messy to say the least.  Some courts have said that it needs to be attached to an actual business, some courts have said all websites count, some courts have yet to rule on this, and of course, the Supreme Court has yet to talk about it at all.  While the government did release some guidelines, these are only guidelines state and local governments must follow, and they are more than a decade old, so not that useful to a business owner like yourself.

Instead, what has generally become the accepted standard for private businesses is the Web Content Accessibility Guidelines (WCAG).  These guidelines were created by a private consortium but have generally been recommended by courts in settlements about websites, and therefore are likely what you should follow when developing your own website.

There are some simple things you can do to make sure you are meeting these guidelines.  For one, if you have pictures on your website, make sure to describe what the picture is conveying in text below (text to speech software used by those with visual problems can translate the text but not the picture).  Another example is not having audio play for too long as it can interfere with other software.  More suggestions can be found at: https://www.w3.org/TR/WCAG21/

 

 

What ADA Does Not Address

One thing that ADA guidelines fails to cover (which I hope it will cover soon) that I feel is important to cover here is accommodating people with autism and other sensory disabilities.  Autism affects millions of children and adults here in America today.  Those are millions of potential customers that all need things too.  The main thing that autistic people need stores to be mindful of are sensory issues.  Loud sounds, smells, crowds, etc., will all make autistic people not want to visit your store.

For some stores, that might be hard to manage.  If for example you run a store that sells coffee, you might have a hard time running a store that does not lead to sensory overload.  However, many stores can manage these issues by just having less clutter, sensory hours (one hour a week where you limit customers), not having lights so bright, less overloading websites, and other small things.  Look at your business and see if there is anything you can do to help.  In addition to that, if there is no way to avoid sensory overload in your store, having a way for people to not have to enter your store such as curbside shopping, might be a good idea.

Below is a good example of what becoming overstimulated is often like, while this involves a child, adults can and often do experience much the same thing (even if they have developed coping strategies over the years):

http://https://www.youtube.com/watch?v=aPknwW8mPAM

 

Works cited

https://www.ada.gov/smbusgd.pdf

The Muddy Waters of ADA Website Compliance May Become Less Murky in 2019

Images

https://www.ada.gov/business/retail_access.htm

https://www.aruma.com.au/about-us/blog/6-facts-about-sensory-hypersensitivity

 

Video

https://www.youtube.com/watch?v=aPknwW8mPAM

Self-employment for Disabled Individuals 

Self-employment for Disabled Individuals 

 

The Issues 

 

To put things simply, the issues are unemployment and underemployment.  For those that might not be familiar with the second term, while unemployment means you are not working at all, underemployment means you are working but for far less than your skills would suggest you should be earning, not being promoted at the same rate as your peers, or not getting the same sort of hours as your peers.

The stats are often staggering.  According to the National Council of State Legislatures, the unemployment rate for individuals with disabilities was 9.2% in 2019 (when the economy was still healthy), compared to 4.2% for those without.  The amount of people working part-time positions was also pretty staggering at 32% compared to just 17%.  Perhaps most staggering was the labor force participation rate, which showed that 80% of individuals with disabilities were not employed or looking for work, compared to just 20% of those without.  While part of this can be explained away by some individuals not being able to maintain gainful employment, that hardly explains away everything. 

Underemployment outside of part-time work is often harder to really put numbers on.  I feel a lot of this is because it is a bit subjective, but a lot of it is also because it is less of a concern for the government to find out who is underemployed.  Putting numbers on the quantity of hours a person is working is pretty easy, figuring out if someone is working at all is a bit harder than one might expect but still pretty easy, trying to figure out if someone is getting promoted at the same rate as their peers, or is in the type of employment that they should be, is quite a bit harder and often less of a governmental issue. 

 

 

A Potential Solution 

 

A solution that many disabled individuals and governmental officials have come up with is self-employment.  If you cannot find anyone willing to hire you, skip the middleman and just go into business for yourself.  While this obviously isn’t always an ideal solution, and there always needs to be more done to stop discrimination and give individuals the same opportunities that other have, creating businesses for oneself can help many out of chronic unemployment in the present. 

Several states have come up with programs to help individuals with disabilities become entrepreneurs.  Starting in 2012, three states: Florida, Alaska, and New York, started proof of concept programs called START-UP (state name).  While they were not entirely the same, they all involved certain common features.  First, they all involved cooperation between certain governmental agencies (vocational habilitation, small business administration, and department of labor), local advocacy groups, and universities.  They also all developed strategies to specially work with the individual and help them be able to gain everything they needed to start up. 

 

 

The Results 

 

The study ended in 2014 which led to the United States Department of Labor writing up a bit on the results that they had seen.  One key difference between how the states were thinking about doing this going into the program, and when they were leaving it, is just a mindset change.  Most of these state agencies had never considered this type of employment before.  Most of these state agencies also did not realize how much assistance this would take for people who had never had businesses before.  Perhaps, most harmfully, people with disabilities themselves had never considered this a possibility before because of their own negative mindset.  These problems and others required a change of both mindset and infrastructure to accomplish their goals, which all the state grantees saw. 

However, a great deal of actual success was hard to come by because of how short the program ran for.  Most first-time entrepreneurs need more than two years to start showing success, and there was no real reason to expect these entrepreneurs to be any different.  So, most of the success that was recorded was either developing a business plan, or deciding to pursue wage employment after all.  Though it is important to note in each state at least a few of the people involved had gotten to the point where they were filing federal business tax returns, which the study considered the final showing of viability.  Unfortunately, I have been unable to find any information about what happened after this study was over. 

They then had 12 recommendations for future programs who seek to help disabled individuals become successful entrepreneurs.  While I can’t speak to every one of them, they fell into three main categories.  First, policies needed to be aligned across all levels to make this feasible.  A lot of this dealt with certain federal systems like Medicaid and SSI going away as soon as the disabled individual gained money to start a business.  Likewise, they needed more cross-system collaboration.  Lastly, they felt they needed to get systems in the place for the future to have more public-private cooperation to get what was needed more easily.    

These led to a bi-partisan task force in 2016 to come up with a framework for this sort of movement in every state.  They came up with a dual pronged approach to do this in the future.  First, make sure workforce development programs are aware of the possibility of self-employment, and start trying to make it work.  The second step was to make it easier at a state level to get all forms and stuff in place.  At least 29 states have followed this method to some degree, though most states seem to have gone with the second option, and not many have gone with the first yet. 

 

Text Sources: 

https://www.ncsl.org/research/labor-and-employment/disability-employment-self-employment-and-entrepreneurship.aspx 

https://www.forbes.com/sites/denisebrodey/2019/10/26/why-underemployment-plagues-people-with-disabilities-even-in-a-strong-economy/?sh=12e298d9693d 

https://www.ncsl.org/research/labor-and-employment/employing-people-with-disabilities-legisbrief.aspx 

https://www.dol.gov/sites/dolgov/files/odep/pdf/2014startup.pdf 

 

Image Sources: 

https://www.facebook.com/diabledentrepreneurs.bw/photos/a.778984638871496/156207142056281 

https://www.stutteringkingbakery.com/about