Self-Serve Gas Stations & the Americans with Disabilities Act
It is a requirement of the law the Americans with Disabilities Act (ADA) for self-serve, as well as full-serve, gas stations to provide refueling assistance for persons with disabilities upon their request. Keep in mind that not all disabilities are visible, and there are plenty of persons with painful chronic illnesses/disabilities that simply cannot be seen. So, to assume, that a person who looks good cannot possibly have an illness/ disability could not be any further from the truth. There are many sites on the internet providing valuable information about chronic illnesses and invisible disabilities.
Gas stations, self-serve and full-serve, must, as required by the ADA, let customers know that individuals with disabilities can obtain refueling assistance by honking their horn, or signaling an employee. Gas stations can use signs or notification near or on the pumps. Some gas stations provide a call button for persons with disabilities to notify an attendant that assistance is needed.
Convenience stores, or a service station, is not required to provide refueling assistance at any time if it is operating on a remote control basis with a single employee. The law ADA, encourages them to provide refueling assistance, if feasible.
It is a requirement of the law the Americans with Disabilities Act (ADA) for self-serve, as well as full-serve, gas stations to provide refueling assistance for persons with disabilities upon their request. Keep in mind that not all disabilities are visible, and there are plenty of persons with painful chronic illnesses/disabilities that simply cannot be seen. So, to assume, that a person who looks good cannot possibly have an illness/ disability could not be any further from the truth. There are many sites on the internet providing valuable information about chronic illnesses and invisible disabilities.
Gas stations, self-serve and full-serve, must, as required by the ADA, let customers know that individuals with disabilities can obtain refueling assistance by honking their horn, or signaling an employee. Gas stations can use signs or notification near or on the pumps. Some gas stations provide a call button for persons with disabilities to notify an attendant that assistance is needed.
Convenience stores, or a service station, is not required to provide refueling assistance at any time if it is operating on a remote control basis with a single employee. The law ADA, encourages them to provide refueling assistance, if feasible.
Too many self-serve gas stations, convenience stores, wrongly assume that because they are not full-serve gas stations, they are not required to provide refueling assistance to persons with disabilities. As mentioned earlier, self-serve gas stations must, by ADA law, provide refueling assistance upon the requests of persons with disabilities, except if the convenience store or gas station is operating on a remote control basis with a single employee. However, under the ADA, every effort should be made to provide refueling assistance.
The law ADA requires that refueling assistance must be provided without any charge beyond the self-serve price if a customer wants only fuel. The attendant can provide assistance at a full-serve pump, if any, or at a self-service pump. In either case the customer, by law, must be charged the self-serve price.
The ADA prohibits discrimination, coercion and retaliation. Self-serve and full-serve gas stations and convenience stores must comply with the ADA. Failure to do so, may result in legal actions. The ADA gives the right to private individuals to file lawsuits in Federal courts and obtain court orders to stop ADA violations, as well as the right to file complaints with the Justice Department, which can make investigations and attempt to resolve the complaints. The Department of Justice, has the authorization to file lawsuits, in Federal court, in cases where "a pattern or practice" of discrimination is alleged or of "general public importance".
Self-serve and full-serve gas stations, as with any other businesses, can be sued by the Department of Justice, and if they lose the case, they may have to pay monetary damages for civil penalties and compensatory relief. Civil penalties may run as high as $55,000 for a first violation, or $110,000 for a subsequent violation.
So, for self-serve and full-serve gas stations and convenience stores, choosing to ignore the law and even mistreating persons with visible or invisible disabilities, may result in serious legal consequences as a direct result of violation of the law, "The Americans with Disabilities Act (ADA)".
References:
U.S. Department of Justice, Americans with Disabilities Act, ADA homepage. http://www.ada.gov
Americans with Disabilities Act: Assistance at Self-Serve Gas stations
http://www.ada.gov/gasserve.pdf
Americans with Disabilities Act: Assistance at Gas Stations:
http://www.ada.gov/gasbrprt.pdf
© 2007 Christiane Tourtet
Reprinted with Permission
Christiane Tourtet graduated with an Associate in Science and an Associate in Arts degrees, both with high honors, from Florida Junior College, and with a Bachelor in Arts, from Jacksonville University, Jacksonville, Florida. She is a well-known, writer, photo-journalist, photographer, poetess, former teacher and college instructor, radio producer/air personality, publicity model and television voice over talent and artist. Her biography has been included in numerous world wide publications, notably in Who's Who in America and Who's Who in the World, and as a role model for Society her biography has been published in the Millennium 54th Edition of Who's Who in America which was chosen to be included in the White House Millennium Time Capsule
