ADA Website Accessibility

The Growing Risk of Website Accessibility Litigation

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In recent years, there has been a nationwide explosion of website accessibility lawsuits as both individual lawsuits and class actions. Plaintiffs have brought these claims in federal court under Title III of the Americans with Disabilities Act (ADA) and, in some cases, under similar state and local laws as well.

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In 2018, the number of federally-filed website accessibility cases skyrocketed to 2,285, up from 815 in the year prior. In the first half of 2019, these cases have increased 51.7% over the prior year’s comparable six-month period, with total filings for 2019 on pace to break last year’s record by reaching over 3,200.”

 

Source: When Good Sites Go Bad: The Growing Risk of Website Accessibility Litigation, The National Law Review, July 6, 2020.

Which businesses must have compliant websites?

After a recent Department of Justice affirmation, all business-related websites are now considered places of public accommodations and must be accessible for people with disabilities.

 

What is ADA Compliance?

The disabled population in almost every society is about 20% of the residents. This population is limited to a significant percentage of its daily activities. Precisely because of this understanding, a WCAG 2.0 standard (Web Content Accessibility Guidelines) was created. This standard was established by the World Wide Web Organization (W3) and aims to create a standard for the accessibility of the Internet, such that people with disabilities will be able to surf the internet freely and efficiently.

 

What Does It Take for Your Website to Be Accessible?

 Accessible websites mean, they are:

1. Optimized for Keyboard Navigation

2. Optimized for Screen-Readers

3. Stopping all flashing animations to prevent epileptic seizures

4. UI and design adjustments for the visually impaired

5. Enabled UI & Design adjustments using an accessibility interface

6. Utilizing an online dictionary for Cognitive disorders compliance

 

The goal of accessibility is to make the internet accessible for everyone, no matter the disability, disorder, illness or injury in question. These might include:

1. Blindness

2. Motor Impairment

3. Cognitive Disorders

4. Color Blindness

5. Macular Degeneration

6. Epilepsy

7. Blurred Vision

8. Old Age

9. Cataract

10. Others

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Website ADA Compliance Services

There are several components, steps and services related to ADA and WCAG 2.1 Level AA compliance accessibility guidelines.

 

These include:

1. Website Analysis, Findings & Recommendations: Analysis and list of initial finding and recommendations for website in terms of structure, content and tools to bring into compliance with current appropriate guidelines.

2.  Website Rectification: Depending on list of initial findings and recommendations, we work with client to develop a plan to fix website to bring it into compliance with accessibility guidelines.

3. Accessibility Statement and Certification of Performance.

4. Ongoing monitoring, compliance auditing, and website rectifications, as needed.

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Additional Resources: