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If you've been in a store during the holidays -- and who hasn't? -- you know it's a madhouse. Merchandise everywhere, long lines at the counter and long walks to your car are all hallmarks of the season. Shopping is hard enough for people who do not have physical disabilities, but what about for those who do?
The Americans with Disabilities Act (ADA) never takes a holiday. It's in force 365 days a year, providing challenges to retailers who by law must accommodate shoppers who can't easily navigate entrances, aisles and parking lots or who have other disabilities.
"It's not easy when inventories peak," says Anne Brouwer, senior partner at retail consultant McMillan/Doolittle. "And even though major retailers know that ADA mandates access of 28 to 30 inches to walk across the back wall and paths of the same width, a lot of smaller retailers don't."
While retailers fill stores to maximize revenues, they are sensitive to ADA compliance, says Daniel Butler, vice president of merchandising and retail operations at the National Retail Federation. "They understand the rules," he says. "They also understand that in a crowded environment, they have to offer additional [customer] service. If a person with a disability asks for assistance, the retailer [offers] it within reason, as the law states."
The key is "reasonableness." For example, if a customer is parked at the far end of the mall, it's reasonable to ask him to pull up to the curb, where a sales associate can help load the customer's purchases.
Butler notes that because it is not always possible to see disabilities, retailers must be vigilant about keeping their stores accessible to all shoppers, such as by making sure aisles are uncluttered and merchandise is within easy reach. "A manager who doesn't pay attention hurts everyone," Butler says. "Merchandisers want to be at their best during the holidays, and retailers do pay attention to what's going on in all areas of their stores."
Temp Training
Temporary workers -- a necessity for most stores at holiday time -- present special challenges.
George Whalin, founder of Retail Management Consultants, says most retailers give seasonal workers the mere basics on the ADA. "They don't see training, particularly on something like the ADA, as a viable investment of their time," he says. "They comply with [the] ADA in store design and merchandise layout, because they worry about lawsuits. But these situational things are easily solved by any store manager. They're not seen as worth worrying about."
Butler, who trained store workers for 26 years, disagrees. "I always covered service and expectations, even with temporary help," he says. "They may not do all the merchandising, but they're expected to help keep a store clean and uncluttered. I always discussed the ADA in that context. And I emphasized one rule: If you can't help a customer, get assistance from a manager or someone who can. Temporary help does not have free rein to do whatever they want."
Go the Extra Mile
For her part, Brouwer admits that temporary workers or any untrained employee may not recognize the importance of providing easy access to fitting rooms or restrooms, or the need to walk out from behind a counter to take a package, get a signature or hand merchandise back. "Some shoppers need personal assistance navigating a store," she says. "That's not easy to provide, but it's a way to separate one store from the competition. All those things should be part of training."
Even with the crowds and traffic, many people, even those with disabilities, desire an in-store experience during the holidays. "It's in the retailer's best interest to comply with ADA, even during the most hectic time of year," she says. "It's win-win for everyone."
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