When is your business a “public accommodation?”  

Under Title III, the owner or operator of a facility open to the public “cannot exclude disabled persons from entering the facility and, once in, from using the facility in the same way that the nondisabled do.”

The phrase “public accommodation” is to be “construed liberally to afford people with disabilities equal access to the wide variety of establishments available to the nondisabled.” PGA Tour, Inc. v. Martin, 532 U.S. 661, 676–77, 121 S.Ct. 1879, 149 L.Ed.2d 904 (2001).

But what if your business is not open to the public?  What if you offer a service on private property to a select group of people, and not the public at large? 

In all probability the service that you provide is still a “public accommodation” making the ADA applicable.

Take for example, an onsite drug testing service. Your only customer is the employer, and the only persons who you test are employees.  You are not engaged in “the healing arts.” You are not providing health care services.  But, it is enough that your business, whether a health care provider or any other service establishment, “affects commerce.”  

See, e.g., Penteris v. Citgo Petroleum Corporation, N.D. Ill. May 05, 2015, ---F.Supp. 3d. ---.