Many Houston business owners only think about ADA compliance when a problem lands on their desk, such as a frustrated employee, a customer complaint, or a letter from a government agency. Until that moment, it is easy to assume the building is “up to code” and HR policies are fine because nothing bad has happened yet. That first complaint can quickly turn a vague worry into a real concern about legal risk, costs, and reputation.
ADA rules can feel technical and distant, but they reach deep into day-to-day decisions about hiring, scheduling, workspace layout, and how people enter and move through your space. Houston businesses face the same federal ADA obligations as everyone else, on top of Texas employment law and the realities of operating in a busy, growing metro area. Understanding where the real risks lie helps you focus your time and budget instead of guessing or overreacting after a problem surfaces.
At Shellist Lazarz Slobin, a Houston-based boutique labor and employment law firm, we regularly see how ADA issues develop from both sides, representing employers, employees, and executives across Texas. That perspective gives us a clear view of what tends to trigger complaints, how agencies such as the Equal Employment Opportunity Commission (EEOC) approach these cases, and which practical steps actually make a difference. This guide distills that experience into concrete checks and strategies you can apply to your own Houston business.
What ADA Compliance Really Means for Houston Businesses
For many owners and HR leaders, “ADA compliance” brings to mind wheelchair ramps and handicap parking. Those are part of the picture, but the law reaches much further into how you run your workplace and serve the public. The Americans with Disabilities Act has several titles. Most Houston businesses need to think about Title I, which governs employment and applies to many employers with a certain number of employees, and Title III, which governs access for customers and visitors at places of public accommodation such as restaurants, retail shops, medical offices, and similar businesses.
Under Title I, covered employers must avoid discrimination against qualified individuals with disabilities and must provide reasonable accommodations so those individuals can perform the essential functions of their jobs, as long as doing so does not create an undue hardship. Under Title III, businesses open to the public must remove barriers to access where it is readily achievable and must design new or altered spaces to meet accessibility standards. In practice, this affects everything from the layout of your parking lot to how your managers respond when an employee mentions a health-related limitation.
There are a few persistent myths that create real exposure for Houston businesses. One common belief is that older buildings are “grandfathered” and exempt from ADA requirements. The ADA does not use a blanket grandfather clause. Existing facilities still have obligations, especially when barrier removal is readily achievable or when you renovate. Another misconception is that the landlord is solely responsible for ADA issues. While leases often allocate some responsibilities, both landlords and tenants can face claims, and tenants still need to manage how they operate their business inside the space.
Because we focus on labor and employment law throughout Texas, we see how these legal concepts play out in real disputes rather than in theory. Employers often learn that a building they assumed was compliant, or a policy they thought was neutral, becomes central evidence in an ADA claim. Understanding the true scope of ADA compliance gives you a more accurate picture of your risk and the levers within your control.
Common Physical Access Traps for Houston Businesses
Physical access is usually the first thing people think about, and it remains a significant source of ADA complaints. For a Houston business that serves the public, this often starts in the parking lot. Accessible parking spaces generally should be located close to accessible entrances, have adequate width, and offer a stable, slip-resistant surface. Problems arise when accessible spaces are missing, improperly marked, shared with loading zones, or blocked by employee vehicles or temporary storage.
Entrances and routes inside the building are another frequent trouble spot. Steps without an accessible alternative, heavy doors that are difficult to open, thresholds that create tripping hazards, or aisles narrowed by displays or storage can all limit access for customers using mobility devices or with other limitations. Even when a ramp exists, its slope, handrails, or surface conditions can fall short of ADA expectations. Inside, abrupt changes in flooring, poorly marked level changes, or cluttered hallways can all contribute to barriers that are easy to overlook during daily operations.
Restrooms, service counters, and seating areas create additional risk. Restrooms may have fixtures mounted at heights that do not work for many users, doors that are too narrow, or layouts that do not allow wheelchair users to maneuver. Service counters that are too high or that lack a lower accessible portion can make interactions difficult. Fixed seating that does not provide accessible spaces for wheelchair users, or that requires navigating steps without an alternate route, may also lead to complaints. These issues are often discovered not in a formal inspection, but when a customer has a frustrating experience and decides to speak up or contact a lawyer.
Digital access is increasingly part of the physical access conversation. For many Houston businesses, the website or mobile app is now the “front door” for ordering, booking appointments, or applying for jobs. Websites that cannot be used with screen readers or that rely on mouse-only navigation can exclude individuals with visual or motor impairments. While the technical standards may involve specialists, it is useful to recognize that ADA claims can involve online barriers as well as bricks-and-mortar issues.
We often encounter physical access problems as part of broader ADA disputes that reach our firm. Owners are frequently surprised that what seemed like a small inconvenience, such as a blocked accessible route due to temporary storage, can take on outsized importance when documented in photos and presented in a complaint. A simple walk-through with ADA-focused questions, combined with help from qualified access consultants when needed, can reduce the odds that a customer’s first impression becomes a legal issue.
Your Bigger Risk: ADA Issues Inside the Workplace
While physical access is visible, many of the costliest ADA problems for Houston businesses happen behind the scenes with employees and job applicants. Title I of the ADA protects qualified individuals with disabilities in all aspects of employment, from hiring and promotion to discipline and termination. A “qualified” individual is someone who can perform the essential functions of the job, with or without reasonable accommodation. Missteps in interpreting essential tasks and handling health-related conversations often drive disputes.
Common trouble spots include rigid attendance or performance policies that leave no room for medically necessary exceptions. For example, terminating an employee after a series of absences without considering whether those absences are related to a disability, and whether schedule adjustments or intermittent leave would allow continued performance, can lead to an ADA claim. Similarly, insisting that every employee perform every physical task, even when some tasks can be reassigned or restructured, may ignore the possibility of reasonable accommodations.
Disputes also arise around hiring and promotion. Employment applications that are inaccessible to individuals with disabilities, job postings that quietly screen out people with certain conditions, or interview questions that dig too deeply into medical history can create liability. Even when decisions are not intentionally discriminatory, a lack of training on what can be asked and how to evaluate applicants fairly can produce outcomes that appear to sidestep ADA protections.
In our work with employers, employees, and high-level executives across Texas, we regularly see how a single poorly handled conversation turns into a formal complaint. For instance, an employee might mention a new diagnosis and request a modest change in hours. If a manager dismisses the request without discussion or disciplines the employee for resulting absences, that exchange can later be portrayed as a failure to consider a reasonable accommodation. On the other side, we also see situations where businesses engage thoughtfully, explore options, and document their efforts, which often places them in a stronger position if a charge is filed.
For Houston businesses, recognizing that ADA risk lives as much in email threads, policy language, and day-to-day management decisions as it does in ramps and parking lots is critical. By adjusting how your leadership and HR teams approach these issues, you can often reduce exposure while improving your workplace culture.
How the ADA Interactive Process Should Work
When an employee raises a medical condition or limitation that may be a disability, the ADA expects employers to engage in an interactive process. In practical terms, this means having a good-faith, two-way conversation with the employee about what they need and what the business can provide, rather than making a snap decision. The process often begins not with a formal request form, but with a comment such as “My condition makes it hard to stand all day” or “I will need time off for treatments.” Treating these comments seriously is a key first step.
A sound interactive process usually follows a few core steps. After recognizing a potential accommodation request, the employer gathers enough information to understand the limitation and what adjustments might help. This may involve obtaining medical documentation within reasonable bounds. The employer and employee then discuss specific options, such as modified schedules, equipment, job restructuring, or temporary reassignments. The employer evaluates each option to determine whether it allows the employee to perform the essential functions of the role and whether it would cause undue hardship given the size and resources of the business.
Documentation is a critical but often neglected component. Keeping notes of discussions, copies of correspondence, and records of what accommodations were considered and why decisions were made helps show that the business took its obligations seriously. This can be important if the employee later files an EEOC charge or lawsuit. Consistency also matters. Handling similar requests in very different ways can create an impression of unfair treatment, even where no bias was intended.
There are common missteps in the interactive process that show up regularly in Houston workplaces. Some employers ignore vague or informal statements and only act when someone uses legal terminology. Others demand far more medical detail than necessary, which can be viewed as intrusive. Another frequent problem is cutting off the process after one option fails, rather than revisiting the conversation and exploring alternatives. These patterns often provide the backbone of an ADA claim.
Because Shellist Lazarz Slobin regularly advises Houston employers on navigating accommodation requests and also represents employees when the process breaks down, we see how the interactive process is evaluated in real cases. This experience allows us to help businesses create workflows and training that align with legal expectations and reduce both friction and risk when health and job performance intersect.
Landlords, Leases, and Who Is Really Responsible
Many Houston businesses lease their space and assume that the landlord is fully responsible for ADA compliance. This belief is understandable, especially when landlords handle build-out and common areas. However, it can be a costly assumption. The ADA can allow plaintiffs and agencies to pursue both property owners and tenants. The fact that a lease assigns responsibility to one party does not automatically shield the other from being named in a complaint or lawsuit.
Leases typically allocate responsibility for structural elements, common areas, and building systems to the landlord, while tenants handle interior layouts, signage, fixtures, and day-to-day operations. In practice, a customer or employee who encounters a barrier may not distinguish between these categories. A complaint about an inaccessible entrance, a restroom inside a tenant’s space, or a blocked route in a retail area may involve both parties, regardless of who agreed on paper to maintain which component.
For tenant businesses, this means ADA risk is partly contract risk. Lease provisions that shift costs for compliance, renovations, or fines onto the tenant can create unexpected financial exposure if an issue arises. A lease that appears attractive from a rent perspective may include clauses requiring the tenant to make expensive modifications if a complaint is filed. On the other hand, negotiating clearer terms around compliance responsibilities can reduce uncertainty and guide how issues are handled when they surface.
We frequently help Houston businesses understand how their lease language interacts with ADA obligations and potential disputes. Evaluating risk before signing or renewing a lease, and seeking advice promptly when a complaint involves both landlord and tenant, can prevent misunderstandings and finger-pointing that only increase costs. Clarifying who will address specific barriers and how quickly allows you to respond more effectively if a customer, employee, or agency raises concerns.
What Happens When Someone Raises an ADA Issue
Despite best efforts, many growing Houston businesses will eventually face an ADA-related concern. Sometimes it starts as an internal complaint from an employee or a comment in an exit interview. Other times it arrives as a demand letter from a customer’s lawyer, a formal charge from the EEOC, or notice of a lawsuit claiming barriers to access. Knowing what to expect helps you respond deliberately instead of reacting out of fear or frustration.
For employment-related issues, ADA concerns often surface through an EEOC charge alleging disability discrimination or failure to accommodate. Once a charge is filed, the EEOC notifies the employer and may request a written response and supporting documents. The agency can offer mediation, conduct an investigation, or, in some situations, dismiss the charge. How thoroughly and promptly you respond, and how well your documentation supports your decisions, can influence the course and outcome of the matter.
For public accommodation complaints, customers may contact the business directly, file a complaint with a government body, or go straight to a lawsuit in court. Allegations often focus on specific barriers, such as inadequate parking, inaccessible restrooms, or website features that exclude users with disabilities. Even when claims seem minor, ignoring written notices or relying on verbal assurances can escalate the conflict. Timely assessment, planning, and communication are important parts of limiting disruption.
One of the biggest risks after a complaint is retaliation. Disciplining, terminating, or otherwise disadvantaging an employee soon after they raise an ADA concern can add a separate legal claim, even if the underlying accommodation dispute is debatable. Similarly, reacting defensively to a customer by banning them or dismissing their concerns can make resolution more difficult. Taking a measured approach, focused on fact-finding and problem-solving, typically places a business in a better position.
Shellist Lazarz Slobin approaches ADA disputes in a way that aims to resolve problems efficiently while preparing for the possibility of litigation. We often help Houston employers craft responses to EEOC charges, participate in agency processes, and negotiate with opposing counsel. Our understanding of both federal ADA requirements and Texas employment law helps clients evaluate their options, choose when to adjust practices, and decide when to stand firm. Early engagement often reduces long-term costs and uncertainty.
Practical Steps to Strengthen Your Houston Business ADA Compliance
ADA compliance can feel overwhelming if you treat it as an all-or-nothing project. A more effective approach for many Houston businesses is to focus on the highest risk areas and build better habits over time. Start with a basic physical access review. Walk your parking areas, entrances, and customer routes during busy times and ask whether a wheelchair user or person with limited mobility could park, enter, and move around without unnecessary obstacles. Note obvious issues, such as blocked accessible spaces or cluttered aisles, and address those quickly.
Next, look at your policies and management practices through an ADA lens. Review attendance rules, job descriptions, and discipline procedures to see whether they allow room for reasonable accommodations. Consider how your managers are trained to recognize and respond to health-related comments. A short, focused training that covers the basics of the interactive process and what to do when an employee mentions a limitation can prevent missteps that lead to claims.
Do not overlook digital access. Evaluate whether your website, online ordering systems, and application portals can be used by people with visual or motor impairments, and consult with IT or accessibility vendors when needed. This does not mean you must become a technical accessibility professional, but recognizing digital barriers as part of your ADA risk profile helps you ask better questions of your vendors and prioritize improvements that matter.
Some aspects of ADA compliance benefit from non-legal consultants, such as architects, access specialists, and web developers who can address technical standards. Legal guidance is most valuable where compliance intersects with rights, responsibilities, and disputes. This includes handling employee accommodation requests, structuring policies, responding to complaints or charges, and understanding how your lease and contracts shift risk. Addressing these legal angles upfront can reduce costly surprises later.
Because Shellist Lazarz Slobin carefully selects its employment law matters and works closely with employers, employees, and executives across Texas, we can offer a tailored review of your ADA exposure that aligns with your size, industry, and current situation. Whether you are concerned about a specific complaint, planning growth into new locations, or simply want to understand your risk, a focused conversation can turn a vague worry into a concrete action plan.
Talk With a Houston Employment Law Firm About Your ADA Risk
ADA compliance is not a one-time project or a checklist to complete and forget. It is an ongoing part of running a Houston business that relies on clear policies, thoughtful management, and a willingness to revisit practices as your workforce and customer base evolve. When you understand that risk lives both in your physical space and in everyday employment decisions, you can make targeted changes that protect your business and support the people who rely on it.
Self-assessments and vendor input are useful, but they rarely capture the full legal picture. If your business has received a complaint or EEOC charge, if you are worried about a specific situation, or if you want a strategic look at your ADA exposure before problems arise, consider speaking with Shellist Lazarz Slobin at (713) 352-3433. Our Houston-based employment law team can help you evaluate your current practices, respond effectively to disputes, and map out practical next steps that fit your organization.