I am reading that company public facing sites need to be ADA compliant (at least government, either state, local or fed).

I am asking for documentation stating if a company's internal intranet site also needs to be ADA compliant legally.

This site is for internal use by employees, not for the public use. I cannot find anything in regards to non-public facing sites.

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    @Lumberjack since it's something that someone with average HR knowledge can answer, this is on topic. – Old_Lamplighter Jun 19 '18 at 19:52
  • @DonThermidor_LobsterMobster 10-4. Point taken. Even if it isn't a scope issue I'd VTC as easily answerable with available resources. – Lumberjack Jun 19 '18 at 20:01
  • @Lumberjack now that is a different matter. – Old_Lamplighter Jun 19 '18 at 20:07
  • I am looking for documentation stating public vs. internal sites need to be ADA compliant, a website(not official legally) saying firing/promoting restrictions is not legality efficient. – NULL.Dude Jun 19 '18 at 20:10

It depends, but probably yes.

The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. The ADA is divided into five titles (or sections) that relate to different areas of public life.

Title 1 - Employment

This title is designed to help people with disabilities access the same employment opportunities and benefits available to people without disabilities. Employers must provide reasonable accommodations to qualified applicants or employees. A reasonable accommodation is any modification or adjustment to a job or the work environment that will enable an applicant or employee with a disability to participate in the application process or to perform essential job functions.

This portion of the law is regulated and enforced by the U.S. Equal Employment Opportunity Commission (link is external). Employers with 15 or more employees must comply with this law. The regulations for Title I define disability, establish guidelines for the reasonable accommodation process, address medical examinations and inquiries, and define “direct threat” when there is significant risk of substantial harm to the health or safety of the individual employee with a disability or others.

Source: https://adata.org/learn-about-ada

Does your Intranet site need to be ADA Compliant? To answer this we need to know:

  • Does your company employ 15 or more individuals?
  • Is accessing the Intranet an "essential job function?"

For help with the second question, please refer to this page on the same site linked above.

Essential functions are the basic job duties.

ADA Regulations say that the following things should be taken into consideration when determining whether a job function is essential:

The employer’s judgment about which functions are essential; Job descriptions that were written before a job was posted; The amount of time spent performing the function; The consequences of not requiring the person to perform the function; The terms of a collective bargaining agreement; and The work experience of others who have had, or currently hold, the same or similar positions.

EDIT: Based on your most recent comment it sounds like you are looking for some legally binding documentation. You might want to reach out to the EEOC. According to the FAQ I read here they are the government organization that oversees the enforcement of the law. They might be able to give you the documentation you are looking for.

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From This site.

The legal issue for websites is whether website operators are operating “a place of public accommodation.” The statute lists 12 different types of public accommodations including somewhat of a catchall that includes “other sales or rental establishment.” The list, created when the law was passed in 1988, conceivably covers most commercial establishments, but does not expressly include websites.

IANAL, but from the verbage involved, it sounds like intranet sites doesn't have to be ADA compliant beyond not restricting a person or persons from working (you can't fire someone for not being able to use the site due to an ADA protected issue). EDIT: As pointed out by the OP in comment, restricting promotions due to inability to operate the intranet site would also cause that site to violate ADA laws. The general gist of this being, if the site does not inhibit career development, does not prevent a person from accessing a service provided by the company that non-protected classes can access, and does not otherwise disadvantage an ADA protected class of citizen, then it is ADA compliant, or does not fall under ADA compliance rules.

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  • this says it does, but I guess if the employee cant be fired, or prevented from promotion based off the intranet? digitalworkplacegroup.com/2014/09/22/… – NULL.Dude Jun 19 '18 at 19:49
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    IANAL, but IMO the ADA exists to provide a fair and level playing field for protected classes of citizens. If the intranet site is critical for an employee to work or receive a promotion, then the site must be ADA compliant. If there is no negative impact from being unable to access the site, then it doesn't impact an ADA protected class of citizen, and therefore does not have to be ADA compliant(or already is by nature, if you look at it in that light). – GOATNine Jun 19 '18 at 19:53

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