Website Accessibility and the Americans with Disabilities Act (ADA)

Although websites have been held subject to the Americans with Disabilities Act (ADA) for 20 years, many businesses are unaware of its implications, and the possible penalties they face for non-compliance.

Persons with disabilities navigate websites in different ways. Some may use screen readers, which translate text to speech. Others may rely on captions to describe any video or audio content. There are even voice recognition controls that some people use in order to control their computers and their visit to your website with voice commands. To make your website accessible to a diverse range of users, and to comply with the ADA, you’ll need to ensure that people with different disabilities are able to use your website as well as any other viewer. To help with that, the U.S. Department of Justice has published “Guidance on Web Accessibility and the ADA,” which includes the following recommendations:

– Color usage – Use colors in strong contrast and avoid the use of color to display information.
– Alt Text – Use text alternatives to describe all pictures on your website.
– Captions – Create captions for all of your video content.
– Forms – Ensure your forms are made easily-accessible.
– Navigation – Users must be able to use keyboard navigation as well as mouse navigation on your website.

Private litigation surrounding the ADA is one of the fastest-growing in recent history. According to UsableNet, in the last 5 years, there have been more than 16,000 digital accessibility claims filed. These claims are generally based on violation of the ADA or state laws by a business, in which a person with a disability claims a business’ website is inaccessible. When a case is filed, a business can choose to arrange a settlement and remedy their website, or they may take their case to court.

One of the most notable lawsuits in this regard was Robles v. Domino’s, in which Domino’s fought a lawsuit over the inaccessibility of its mobile app and website. While a district court initially dismissed this lawsuit, the Ninth Circuit reversed. The case was subsequently settled.

Out of the businesses that generally face this issue, about 77% of digital accessibility cases in the last year have been in the E-Commerce industry. Last year, there were over 3,000 lawsuits targeted at eCommerce and digital accessibility (UsableNet).

In light of all of this, it would be wise to seek the guidance of legal counsel or an expert in the ADA in order to review your website and ensure that it’s accessible to all.

Sources
https://www.ada.gov/resources/web-guidance/
https://blog.usablenet.com/five-years-of-ada-web-and-app-lawsuits-key-observations-and-trends

The information presented here is for general educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship.