They’re Called Employee Work Areas, Not Employee-Only Areas
Blog Submitted by Kelley Frake. Published on September 3rd, 2024.
Over the years, our Center has continued to hear some version of the statement, “It’s an employee work area so the ADA doesn’t apply, right?”
Well, not quite. Employee work areas do not have a blanket exemption from the entire ADA, however, it is true that they are only required to comply with limited requirements under the 2010 ADA Standards.
What are the limited requirements for Employee Work Areas?
Employee work areas must meet the following requirements from the 2010 ADA Standards:
- Access to approach, enter, and exit the work area (§203.9)
- Accessible means of egress (§207.1)
- Wiring for visible alarms in areas served by audible alarms (§215.3)
- Accessible common use circulation paths in most work areas of at least 1,000 sq.ft. (§206.2.8)
Other requirements, including those for turning space, do not apply to areas used only by employees for work.
Of course, this exception only applies to areas that actually meet the criteria of an employee work area.
What is (and is not) an Employee Work Area?
This is a common area of misunderstanding. When it comes to the 2010 ADA Standards, there is a difference between employee-only areas and employee work areas which often gets overlooked. The Standards define an employee work area as follows:
- Employee Work Area: All or any portion of a space used only by employees and used only for work. Corridors, toilet rooms, kitchenettes and break rooms are not employee work areas.
Spaces that happen to be in employee-only areas are not automatically considered employee work areas. When it comes to the definition, “work” is the relevant word.
- Example 1: An employee-only restroom* at an office may not be open to customers, however, it is also not a space that employees use to do their work. Therefore, it must comply with the 2010 ADA Standards and is not eligible for the employee work area exception.
- Example 2: A nurses’ station is not used by the public and is where nurses typically do their work outside of directly treating patients. Therefore, the nurses’ station would be considered an employee work area and would be eligible for the 2010 ADA Standards exception.
*Note: Employee-only restrooms should also not be confused with single occupancy private toilet rooms that are accessed through a private office and not for common or public use (i.e. used only by one individual). These restrooms are their own category and have their own exceptions under the 2010 ADA Standards. Learn more about exceptions for Private Toilet Rooms Accessed through a Private Office in the U.S. Access Board’s Chapter 6 Guide for Toilet Rooms.
Employee work areas can include spaces like offices, stock rooms, loading docks, reception or filing areas, janitor closets, restaurant food prep areas (kitchen, walk-in freezer, etc.), and other areas where employees do their work.
Employee work areas do not include other employee-only spaces which are not used for work, such as employee restrooms, locker rooms, break rooms, cafeterias, and parking lots.
What about spaces that are used for work and by the public?
There will be times when a space functions as a public use area as well as an employee work area. Think of medical exam rooms, college classrooms, and retail counters. These spaces must be fully accessible for public use, however, the elements within the space that are used only for work are not required to comply
- Example 1: The customer side of a sales counter at a retail store is subject to the full 2010 ADA Standards, however, the worker side of the counter would usually be considered an employee work area. This means that the worker’s side of the counter would be exempt from accessible storage, counter height, or other 2010 ADA Standard requirements outside of the ones required for employee work areas.
- Example 2: A doctor’s exam room must comply with the 2010 ADA Standards. However, other elements used only by employees for work would be eligible for the limited employee work area requirements. These could include equipment storage units, computer stations, and mounted biohazard disposal containers.
What about applicants and employees who have disabilities?
Just because an employee work area has limited physical access requirements under the 2010 ADA Standards does not mean an employer will never need to make physical alterations to their space for applicants or employees with disabilities.
The ADA requires employers with 15 or more employees to make reasonable accommodations and not discriminate against people with disabilities in their hiring and employment practices. This could mean modifying the work environment outside of what is required in the 2010 ADA Standards or providing different types of reasonable accommodations:
- Example 1: An employee who uses a wheelchair could request that office filing cabinets be reconfigured to allow them independent access to their work-related documents.
- Example 2: Applicants could request a virtual interview as an accommodation if the physical interview location is not accessible to them.
For this reason, the 2010 ADA Standards includes the following advisory on employee work areas:
- Advisory 203.9 Employee Work Areas. Although areas used exclusively by employees for work are not required to be fully accessible, consider designing such areas to include non-required turning spaces, and provide accessible elements whenever possible. Under the ADA, employees with disabilities are entitled to reasonable accommodations in the workplace; accommodations can include alterations to spaces within the facility. Designing employee work areas to be more accessible at the outset will avoid more costly retrofits when current employees become temporarily or permanently disabled, or when new employees with disabilities are hired. Contact the Equal Employment Opportunity Commission (EEOC) at www.eeoc.gov for information about title I of the ADA prohibiting discrimination against people with disabilities in the workplace.
