ADA Accessibility for Websites: Can Your Website Land You in Court?

The first website was launched by the CERN in Switzerland more than 27 years ago, and it looked like this:

Not too exciting by today’s standards, but with quantum leaps in design, technology and functionality, retail, entertainment, and brand websites have been a fixture in our lives for at least 20 years. So deeply has the web penetrated how we navigate the world that today, your website could land you in court for a pretty unexpected reason. Let’s take a look at understanding ADA accessibility for websites.

• Landmark Legislation Promotes Equal Access
• How Do You Know If a Website is ADA Accessible?
• Should You Pay Attention to ADA Accessibility for Websites?
• How to Build an ADA-Accessible Website
• Get Expert Help Understanding ADA Accessibility for Websites

Landmark legislation promotes equal access

In 1990, just one year before CERN launched its first website, President George H.W. Bush signed the Americans with Disabilities Act (ADA) into law. This watershed bill guaranteed disabled Americans access to everything from public buildings to retail stores and offices. Across the country, parking spaces, restroom facilities, wheelchair access ramps, and dozens of other accommodations now grant better accessibility to those who previously had barriers to everyday life.

A growing wave of accessibility suits

Yet today, because of the web’s aforementioned impact on our lives, a wave of lawsuits is sweeping the country under Title III of the ADA. They’re asserting that many websites must offer accessibility for people with disabilities. This is much like brick-and-mortar “accommodations” that have been required for three decades. These lawsuits assert that websites must offer the same level of accessibility, for example, for people with impaired sight as they do for the sighted.

Clearly, it makes sense today to incorporate ADA accessibility for websites in the interest of fairness and offering excellent service to our customers. But with the growing number of digital accessibility lawsuits, it also makes good financial sense. According to international law firm Seyfarth Shaw, the number of ADA Title III lawsuits (including website accessibility suits) was nearly 10,000 in 2018 and has been trending upward significantly since 2013.

Recognizable companies like Hooters, Domino’s, Winn-Dixie, GNC, Dave and Busters, alongside numerous small and mid-sized businesses, have realized the significance of digital accessibility for disabled customers. This recognition often follows hefty settlements to complainants or substantial legal fees.

How Do You Know if a Website Is ADA Accessible?

If you took part in having your website built and did not specify that it be built with accessibility in mind, it’s probably not very accessible. If you want to dig further into the subject of accessibility, you might want to ask the guy who invented the internet. Sir Tim Berners-Lee is credited with inventing the World Wide Web back in 1989 and heads the organization W3C. W3C, in collaboration with others, has created the Web Content Accessibility Guidelines (WCAG), now in version 2.1. WCAG sets out 38 success requirements for websites to meet their AA accessibility rating (the gold standard for accessibility). For more information on WCAG 2.1 you check out the WCAG requirements here or contact us for a free site review.

Should you Pay Attention to ADA Accessibility for Websites?

In a word, probably. If your organization receives any form of Federal funding, such as a university grant from NASA or the Department of Agriculture, you must update your web accessibility right away. This requirement also applies if your organization is a public institution obligated to comply with Title II of the ADA.

However, if you are a private business subject to Title III of the ADA, there are three great reasons why you should consider updating your website to WCAG 2.1:

1. Good business

Most companies that thrive do so because of their desire to offer excellent service to their customers or potential customers. According to the National Center for Health Statistics, the number of adults (18+ ) reported as being sight impaired (adults with vision loss) in 2016 was 25.5 million. That means the number of people who may benefit from accessibility on your website is roughly 10% of the adult population in the US. And that’s only sight-impaired disabilities. Can you afford to alienate 10% or more of your potential customers?

2. Safety first

ADA Title III accessibility lawsuits are still a “complaint-driven” process. This means that we still don’t know with certainty what will trigger a successful suit. The act itself is broadly written, and the results of lawsuits vary. You may not know if accessibility is a “requirement” for you until you’re actually sued. Meanwhile, updating your website to WCAG 2.1 compliance is much cheaper than potential legal fees from a lawsuit.

3. Good corporate citizenship

It’s the right thing to do. Social norms in the US look dimly upon people and businesses that do not accommodate Americans with disabilities. This group often includes former military and the elderly, people who have clearly earned the right to our respect. Offering accessibility to potential customers shows people a lot about the character of your company.

How to Build an ADA-Accessible Website

Creating a new site or replacing your old one? Either way, building it to meet basic accessibility requirements doesn’t need to add significant cost to your project.

Ideally, if you are building a new site, your agency can help you plan in advance. They can guide you on how to build navigation, use text, images, videos, and forms to create a site that is easily optimized for accessibility.

If you are trying to retrofit accessibility features to your existing site, it can be a bit more challenging. Many sites are attractively built but don’t take accessibility into account. However, a skilled agency web development team can help you achieve accessibility. Actual costs will vary based on your site’s construction. However, adding accessibility to an existing site generally costs more than including it in a new build. So, if you’re considering adding WCAG 2.1 accessibility to your site, it may be cost-effective to update your entire site.

Get Expert Help Understanding ADA Accessibility for Websites

If you would like more information on the benefits and technical requirements of ADA accessibility for websites, please contact us. We’re happy to help!