It seems the world is getting more inclusive every day. Back in 1990, the ADA (Americans with Disabilities Act) went into effect calling for the installation of disability-friendly features in businesses. As a result, wheelchair ramps, wider doorways and disabled bathrooms became the norm.
In 2008, the ADA legislation was extended to cover the world wide web. Businesses with websites were asked to make sites more compliant by adding features like subtitles for the hearing impaired and fewer flashing images that wouldn’t cause a seizure. But the wording in the act was never updated causing some gray areas.
Now many companies are wondering, will I get sued for not having an ADA compliant web site? This article will provide you with the answers you need.
Can I Get Sued for Not Having an ADA Compliant Web Site?
The short answer to this question is yes.
Most businesses fall under the Title III of the ADA. This prohibits disability discrimination in places of public accommodations, commercial facilities and private entities that offer courses that pertain to educational and occupational certification.
The majority of lawsuits filed under Title III pertain to a lack of accessibility for people who are blind or visually impaired. However, it also covers other types of disabilities including the following:
- Hearing impairment
- Musculoskeletal and movement issues
- Neurological and cognitive impairments
- Cerebral palsy
- Epilepsy
Companies that do a lot of business with government groups fall under Section 508 of the Rehabilitation Act. The act requires that any digital information developed, obtained or maintained by the federal government must be accessible to the disabled. This applies not only to the internet but to phones and peripherals.
Government websites must also be accessible as do those run by private contractors and health, financial and legal organizations due to their ties to the government.
Web Accessibility Lawsuits
Although it’s impossible to say how many demand letters have been sent out regarding accessibility issues and how many private settlements have been made, we can say that there were 10,982 filed in federal court in 2020. The number was slightly down, perhaps due to COVID, from 2019’s 11,053 cases.
Penalties for violations can be considerable. They typically fall between $55,000 and $75,000 for a first offense and can be as high as $150,000 or more for a second offense.
While many plaintiffs have taken action, there have been mixed results in the outcomes. For example, a man who was blind sued Domino’s because he was unable to use their website. A judge dismissed the case in 2017, but the decision has since been reversed.
2021 saw a similar case known as the Gil vs. Winn Dixie Appeal. A man sued Winn Dixie because he was unable to use their website. The case was tried in the Eleventh Circuit and resulted in a ruling stating that a website’s accessibility cannot be considered a violation of the ADA.
However, the ruling may not hold much weight as it was tried in the 11th Circuit which covers Florida, Georgia and Alabama and not the 9th Circuit which covers California and New York.
Cases have also been filed under section 508 targeting well known institutions such as the Social Security Administration and the Department of Homeland Security.
Big companies that came under fire include:
- HR Block
- Carnival Cruise Lines
- Miami University
- FedEx
- Quik Trip
… and the list goes on.
The Department of Justice’s Involvement
The Department of Justice (DOJ) has taken action in enforcing ADA compliance in web accessibility. However, when Trump came into office, disability rights took a backseat.
Now that Biden’s is president, we can expect a rise in cases once again. Websites will be targeted, and we can also expect an increase in cases involving mobile apps and mobile web experiences.
Addressing the Gray Areas
In 2008, the DOJ extended ADA compliance to the digital world. However, they never included language that made it clear as to what exactly compliance means.
But if you think the lack of clarity will get you out of a lawsuit, you’re wrong. The lack of guidance does not eliminate the need for compliance.
The ADA is what’s known as a ‘no fault state’. That means that you can’t claim innocence because you weren’t aware of the laws. Therefore, your business Is considered to have broken the law regardless of what information you may or may not have been privy to.
Fortunately, there is guidance that companies can use to become compliant. This comes in the form of the World Wide Web’s Consortium’s (WC3) Web Content Accessibility Guidelines (WCAG).
The WC3 is an international organization that is known for providing clear criteria for the web’s best practices. Their WCAG should get you headed in the right direction.
How to Get Our Website ADA Compliant
ADA compliance cases have gone both ways, but it’s best to keep your site on the compliant side. A lawsuit will not only be expensive, but it can damage your company’s reputation resulting in a loss of customers, networking opportunities and more.
While you may be able to make some changes to get your website ADA compliant, it’s best to talk to an expert. They will know exactly what it takes to get you up to code and they will make the changes you require.
Here are some examples of ways to make your site more compliant.
- Adding subtitles to videos so they are accessible for the hearing impaired.
- Adding labels and alt text to images so scanners for the visually impaired can understand the content.
- Eliminating flashing images that can lead to seizures.
- Making content easily understandable for those with cognitive disabilities.
- Making text easy to read for people with visual impairments.
- Using elements beside color to convey ideas for those with color blindness.
ADA compliance is a major consideration in the digital world. If you’re wondering if you can be sued for not having your site up to standards, the answer is yes. What updates will you be making to keep your site compliant in the coming year?
About inclusve
inclusve is a web accessibility company with a mission for digital equality for everyone, including those with disabilities They do this by ensuring websites are fully accessible, so that all users can enjoy an equal experience. www.inclusve.com
