Hey OB – Disclaimer – none of this is legal advice and you’d want to check with a lawyer to know if you’re at risk for any action if you’re not ADA compliant. Based on what we’ve seen if you don’t have a physical retail or service location, and you don’t receive any funding from the government you likely aren’t required to have a website that would be considered compliant. Some people expect that to change in the next few years, but that’s what we know for now. Let us know if you have more questions or would like to test your site.

Luckily, the international nonprofit World Wide Web Consortium (W3C) brings together smart people who develop open standards to ensure the long-term growth of the Web. They produce recommendations for making websites fair and equally accessible for the highest number of people possible. Their Web Content Accessibility Guidelines (WCAG) 2.1 offer clear guidance for web developers to achieve ADA compliance.


Read our case study of VisionCorps, ‘The Importance of ADA Website Compliance,’ to realize first-hand the impact an accessible website can have, and see real-world examples of ADA website compliance. VisionCorps’ total page views increased 157.64% after redesigning their website to be ADA compliant. Get more facts and figures by reading the case study now.

The 2014 case involving Peapod, an online grocery retailer emphasizes that being ADA compliant goes beyond your website. The settlement required Peapod to make its mobile applications accessible by March 2015 and its website accessible by September 2015. Since mobile apps are fast becoming the preferred method of online shopping, e-commerce sites must focus on app accessibility too. 
Additionally, in February 2018, Congress passed the ADA Education and Reform Act, a bill designed to make it harder for disabled Americans to sue businesses for discrimination. Republican lawmakers who wrote and passed the bill argue that the law will help curb “frivolous” lawsuits, while opponents have argued that this law will gut the ADA, essentially giving businesses little reason to follow the ADA guidelines at all.
Courts have taken essentially the following position on the issue of whether websites are places of public accommodation: Website accessibility fulfills the spirit of the ADA by lowering the barriers for people with disabilities to participate in business and commerce. As such, commercial websites need to comply with ADA regulations. Judges have reached this conclusion in several high-profile cases, such as the National Federation of the Blind’s lawsuit against the Scribd digital library. As a result of this case, Scribd agreed to redesign its website to work with screen reader software by the end of 2017.

All public-facing websites should evaluate and consider compliance with ADA laws related to their industry. That is, your website should aim to be accessible to users with a disability. Failure to comply with this requirement can lead to potential legal issues and challenges, particularly in some industries. Fortunately for WordPress site owners, there are at least a dozen plug-ins specially designed to help you achieve greater measures of ADA compliance with minimal costs and work involved. The following are five options to consider to make your WordPress website ADA compliant.
Although the plugin works, we activated the white label solution. They said: For only $10 you can modify the widget footer, remove the donate link and enable other customizations From then and on they charge me every single month 10$, they don't reply to my messages and the so called "Manage" menu has been disappeared from the widget... BE AWARE! I'm still trying to resolve this....
The situation has now emboldened many people. She is dealing with tons of demand letters going out across the country. Businesses have been caught off guard because they thought they had time to deal with this and become compliant, and now the Justice Dept. basically says they have to be compliant now. As soon as they deal with one plaintiff, another comes along.
Web accessibility addresses the needs of every website visitor to achieve an optimal level of usability and ADA compliance. Many people browsing the web have a permanent disability (visual, mobility or neurological impairment), or a temporary impairment such as a broken arm, broken or lost eyeglasses, and so on. Many baby boomers have aging-related issues that make using the web more challenging, and they’re not alone–about 20% of the U.S. population has an identified disability.

Signed in 1990 at a time that most people hadn’t even used the Internet, the Americans with Disabilities Act does not explicitly regulate how websites need to follow nondiscrimination requirements. We now know that using the Internet is one of the most important ways for people with disabilities to fulfill their needs and desires. For many people with disabilities, especially impairments to sight and motion, visiting a store or other physical location can be a challenging experience. Online shopping, for example, allows people with disabilities to make the purchases they need easily and securely within the comfort of their own homes.

Penn in particular nearly made the cut because I really like their keyboard accessibility. It amazes me how few sites provide visible indication of keyboard focus, when it's incredibly simple to achieve (just add a style for a:focus in your style sheet). Penn did this, and consequently it's very easy for sighted keyboard users to keep track of their position as they tab through the page. They also included a keyboard-accessible dropdown menu. However, there are some dynamic features on the Penn home page that really need ARIA markup for full accessibility. They also have a few contrast problems, most notably their slideshow navigation, which is red-on-red:
For people who are deaf, have hearing loss, or are deaf-blind, this includes providing a qualified notetaker; a qualified sign language interpreter, oral interpreter, cued-speech interpreter, or tactile interpreter; real-time captioning; written materials; or a printed script of a stock speech (such as given on a museum or historic house tour). A “qualified” interpreter means someone who is able to interpret effectively, accurately, and impartially, both receptively (i.e., understanding what the person with the disability is saying) and expressively (i.e., having the skill needed to convey information back to that person) using any necessary specialized vocabulary.
Every year numerous lawsuits are taken against businesses that fail to follow the ADA’s proposed requirements for web accessibility. This failure occurs because organizations, including state and local government entities, fail to read the ADA Best Practices Tool Kit.8 They also do not follow the most up to date version of the WCAG.9 These two failures are not only detrimental to people with disabilities who want to effectively browse the web, but they are also inexcusable in today’s digitally driven world.
Web developers need to keep this in mind when creating websites. The best screen readers use naturalized voices and alter tone and inflection based on HTML tags, so choose layout elements carefully. It is also important to keep in mind that navigation is significantly slower when using a screen reader than it is for sighted people. Sighted people don't have to wait for the reader to get to the link we want- we spot links quickly and are able to navigate to our sought items, often without having to do any reading at all. Minimizing graphics also helps shorten reading times and speed navigation for disabled users.
This particular lawsuit amounted to nothing more than a shakedown for cash, as the current laws would make it difficult to win the suit in court (more about this later) but it prompted me to dive deeper into the issue of ADA compliance. Through my research, I discovered there are some new laws on the horizon that could make ADA compliance mandatory, which means web designers and digital marketers need to know how to prepare.

Title III of the Americans with Disabilities Act (ADA) requires that businesses and nonprofit services providers make accessibility accommodations to enable the disabled public to access the same services as clients who are not disabled. This includes electronic media and web sites. While the ADA applies to businesses with 15 or more employees, even smaller businesses can benefit from ensuring that their websites are ADA compliant. Doing so opens your company up to more potential clients and limits liability. Web developers should include ADA compliant features in the original site and application plans.
Not to be outdone by their Southern neighbors, the Canadian government site is highly accessible. The home page is a simple page, beautiful in its perfect symmetry between English and French. The default language as specified on the element is English (lang="en", hey they had to pick one) but all French content is marked up with lang="fr". It's actually quite pleasing, and very Canadian, to listen to this page with JAWS as it alternates between the two languages.
An accessible and ADA compliant website has the potential to increase your sales by over 20%. The market segment of persons with a disability is very loyal to businesses and websites that make legitimate efforts to increase their quality of life. Your businesses social media presence can also be improved as visitors share their favorable interactions with your businesses. Offering your business a significant and fiercely loyal revenue stream.
×