Federal laws

ADA Rules and Numbers for Small Businesses

ADA requirements, 2026 DOJ penalty maximums, EEOC deadlines and the Disabled Access Credit, laid out in tables and a chart for small business owners.

Last reviewed October 29, 2026 · General information, not legal advice

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This page lists the main duties under the Americans with Disabilities Act (ADA) and their numbers as of October 2026. See the ADA overview for the big picture.

What the law requires

RequirementWhat it means in plain wordsSection
No discrimination (jobs)No worse treatment of a qualified person in hiring, pay, promotion, leave or other terms. Retaliation is barred.42 U.S.C. 12112(a); 12203
Reasonable accommodation (jobs)A change that lets a qualified person do the job, unless it brings undue hardship: significant difficulty or expense.12112(b)(5); 29 CFR 1630.9
Medical limits (jobs)No disability questions or medical exams before an offer. Medical information stays in separate, confidential files.12112(d)
Equal access (public)Equal access to goods, services and facilities, with effective communication (interpreters, captions).42 U.S.C. 12182
Barrier removal (public)Remove physical barriers when readily achievable: easy, without much difficulty or expense.28 CFR 36.304
Policies and animals (public)Reasonable policy changes, such as admitting service dogs despite a no-pets rule. Emotional-support animals are not service animals under the ADA.ADA.gov guidance
New work (public)New construction and alterations meet the 2010 Standards if the last permit application was certified complete on or after March 15, 2012.28 CFR 36.406

Key numbers and dates

ItemAmount or dateYear in forceSource label
Title I employee threshold15 employees in each of 20 weeks2026 (statute)42 U.S.C. 12111(5)
Title III size testNone2026 (statute)ADA.gov
EEOC deadlines180 days to file (300 in Illinois, employers with 15 or more employees); 90 days to sue after EEOC notice2026EEOC
Title I damages cap (compensatory plus punitive)$50,000 for 15 to 100 employees, rising to $300,000 above 5001991 statute, not indexed42 U.S.C. 1981a(b)(3)
DOJ penalty, Title IIIUp to $118,225 first violation; $236,451 later onesAssessed after July 3, 2025; no 2026 increase28 CFR 85.5
Disabled Access Credit50% of access costs from $250 up to $10,250 ($5,000 at most); prior-year receipts of $1 million or less, or 30 or fewer full-time employees2026 (statute)IRC 44; Form 8826
Barrier-removal deductionUp to $15,000 a year2026 (statute)IRC 190
DOJ civil penalty maximums for Title III, 2025-26 dollars, statute base versus adjusted, assessed after July 3, 2025
First violation, statute base$50,000
First violation, adjusted$118,225
Later violation, statute base$100,000
Later violation, adjusted$236,451

Source: 42 U.S.C. 12188(b); 28 CFR 85.5

Recent and pending changes

  • April 24, 2024 (final rule; dates extended by interim final rule, April 20, 2026): DOJ's web accessibility rule covers state and local governments (Title II), not private businesses. Compliance dates are now April 26, 2027 for entities with 50,000 or more residents and April 26, 2028 for smaller ones and special districts.

Penalties and enforcement

RouteWho actsWhat can happen
Job charge (Title I)EEOC or a state or local agencyThe EEOC may investigate, settle or issue a right-to-sue notice. Relief can include back pay, reinstatement and capped damages. No compensatory or punitive damages if the employer shows good-faith efforts, with the person, to find an accommodation.
Missing posterEEOC notice ruleUp to $698 per separate offense for a willful violation (29 CFR 1601.30, 2025 adjustment).
DOJ suit (Title III)U.S. Department of JusticeCivil penalties up to the charted amounts.
Private suit (Title III)A person with a disabilityA court order to fix the problem; the court may award attorney fees to the prevailing party. Federal Title III gives private plaintiffs no money damages; state law may add remedies.

Continue to the checklist and FAQs, or compare the ADEA. See also small business tax credits and payroll tax basics.

Official sources

This page is a plain-language summary. The official source controls if there is any difference.