Various courts around America have ruled that commercial websites are places of public accommodation and thus subject to ADA rules. Other cases have concluded that websites are bound by ADA regulations if there is a close “nexus” between the site and a physical location, the most famous example being the ruling against the Winn-Dixie supermarket chain for not making its site accessible to users with low vision. Other courts have decided that the ADA as written simply does not offer any protections for online users. With no overarching federal rules in place, it’s difficult to make a definitive statement about whether or not any given website is governed by ADA accessibility rules.
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.
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.
Your website is often the first thing your customers see when they’re searching for a business or service on the web. As the face of your organization, your website needs to be attractive and functional, offering the latest features that users now expect. To plan and design a site that both reflects your company’s mission and values and appeals to customers takes a professional web designer. While free online services can help people set up websites, web designers can provide a unique solution made specifically to meet customers’ personal or business needs.
Do all websites have to be ADA compliant? Technically, the Americans with Disabilities Act (ADA) Title III, which concerns public businesses, does not specifically address websites. Local and state government websites must be accessible under Title II of the ADA and Section 508 of the Rehabilitation Act. However, ADA civil suits have been brought against businesses with inaccessible websites, and courts have ordered some businesses to make their websites accessible.
The U.S. Department of Health and Human Services (HHS) also enforces Title II of the ADA relating to access to programs, services and activities receiving HHS federal financial assistance. This includes ensuring that people who are deaf or hard-of-hearing have access to sign language interpreters and other auxiliary aids in hospitals and clinics when needed for effective communication.
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.