Guide to the ADA Standards

Equivalent Facilitation [§103]

The ADA Standards allow alternatives to specified requirements that provide substantially equivalent or greater accessibility and usability as an “equivalent facilitation.” The question of whether an alternative solution is “equivalent” involves considerations as to whether it is just as, if not more, effective in terms of accessibility, usability, convenience, and reliability for people with disabilities. For example, the ADA Standards specify permanent or built-in features for independent access. Unless otherwise specified, alternatives involving temporary or portable solutions or requiring assistance from others are not generally deemed equivalent to the required minimum level of access.

The provision of equivalent facilitation is intended to accommodate good faith innovations and technological advances not anticipated by the ADA Standards. It is not to be used as a means to resolve oversights in design or construction. Understanding the rationale for certain specifications is often helpful in determining whether an alternative is equivalent. For example, transfer shower stalls are required to be 36 inches by 36 inches absolute so that grab bars remain within reach from the seat. A wider transfer shower stall would not qualify as “equivalent facilitation” because it would make the grab bars less usable from the seat and less accessible to individuals with disabilities.

DOT’s ADA regulations (§37.9) detail the process, procedures and requirements for seeking a determination of equivalent facilitation for a public transportation facility subject to DOT’s ADA Standards. No departures from specific provisions of the DOT standards can be made without a determination issued by the Administrator of the relevant operating administration (e.g., the Federal Transit Administration, the Federal Railroad Administration, or the Federal Highway Administration) with the concurrence of the Assistant Secretary for Transportation Policy. Requests for official determinations of equivalent facilitation should be directed to the Federal Transit Administration.

DOJ’s ADA regulations do not establish a process for approving or certifying equivalent facilitation alternatives to requirements of DOJ’s ADA Standards. In the case of DOJ’s ADA Standards, the responsibility for demonstrating equivalent facilitation in the event of a legal challenge or complaint rests with the covered entity. In pursuing equivalent facilitation alternatives under DOJ’s ADA regulations, it is good practice to:

• base decisions on sound independent research and reliable data

• involve disability groups and individuals with a variety of disabilities in the process

• document the effort thoroughly, including information and feedback from consulted sources