Legal precedent is changing, and ADA compliance related lawsuits are becoming more successful, and the courts are seeing more of them as a result. Title III of the Americans with Disabilities Act pertains to private sector businesses. Lately, those protections are more frequently expanding into digital territory as web and mobile applications become more necessary in our day-to-day lives.
Monica is the creative force and founder of MayeCreate. She has a Bachelor of Science in Agriculture with an emphasis in Economics, Education and Plant Science from the University of Missouri. Monica possesses a rare combination of design savvy and technological know-how. Her clients know this quite well. Her passion for making friends and helping businesses grow gives her the skills she needs to make sure that each client, or friend, gets the attention and service he or she deserves.
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.
Further complicating the issue, the U.S. recently appeared to be on the verge of adopting more comprehensive accessibility requirements. Federal regulations slated to go into effect in January 2018 would have held federal websites to the standards of WCAG 2.0 Level AA, the set of guidelines that provide the basis for online accessibility rules for most of Europe and many other nations around the world. The current administration, however, has withdrawn this requirement as part of a general push toward deregulation, leaving the online applications of the ADA as murky as ever.
The Americans with Disabilities Act (ADA) was first passed in 1990. Twenty years later, the US Department of Justice released an update called the 2010 ADA Standards for Accessible Design. These standards cover the design of physical spaces and have been interpreted to include web locations as well, so it can be difficult for the would-be accessible website designer to use them.
Currently, the law is a little bit murky when it comes to ADA compliance on a website. Courts have been interpreting ADA in various ways when it comes to website compliance. Some courts have stated that any US business must have an ADA-compliant website. Some courts have said that the website must have a “nexus” to a physical location which must be ADA compliant before their website must also be compliant. This is why Facebook was able to dismiss a 2011 ADA case in California, but Home Depot was no...
In some circumstances, longer and more detailed text will be necessary to convey the same meaningful information that other visitors to the website can see. For example, a map showing the locations of neighborhood branches of a city library needs a tag with much more information in text format. In that instance, where the map conveys the locations of several facilities, add a “longdesc” tag that includes a text equivalent description of each location shown on the map – e.g., “City Center Library, 433 N. Main Street, located on North Main Street between 4th Avenue and 5th Avenue.”
The ADA is the Americans with Disabilities Act, passed almost 30 years ago in 1990. This act was originally put in motion pertaining solely to physical location. It requires establishments to provide people with disabilities easy access to various levels throughout the business. This act was set to achieve an equal experience to all people, handicapped or not.
The World Wide Web Consortium (W3C) established the main international standards and accessibility for the World Wide Web. The WCAG is created by the W3C to provide a standard for web content accessibility that can be shared around the world. The WCAG is meant to accompany organizations as a sort of blueprint on how to make their websites ADA compliant.
The U.S. Department of Transportation enforces regulations governing transit, which includes ensuring that recipients of federal aid and state and local entities responsible for roadways and pedestrian facilities do not discriminate on the basis of disability in highway transportation programs or activities. The department also issues guidance to transit agencies on how to comply with the ADA to ensure that public transit vehicles and facilities are accessible.
You are correct, ADA defines an “employer” as any person who is 1) engaged in an industry affecting commerce; 2) employes 15 or more full-time employees each work day; and 3) for at least 20 or more calendar weeks in the year. In the context of physical spaces, ADA would not apply to companies with fewer than 15 employees. However, courts don’t seem to have come to a consensus on what digital compliance really should look like. Because websites can be accessed anywhere in the country, small business owners might potentially face lawsuits in unfavorable jurisdictions. If you are a small business owner, I would recommend consulting with an accessibility lawyer and ask what they recommend.