Case law has been the most helpful in illuminating the implications of the ADA for websites.There have been lawsuits involving companies like Expedia, Hotels.com, Southwest Airlines, and Target as defendants and primarily featuring accessibility organizations as plaintiffs. These cases had mixed results, but each helped clarify the ADA's jurisdiction on the web.
About the Speaker: Bill Mitchell is the co-founder and Chief Operating Officer of RezStream, a company dedicated to hospitality solutions, located in Denver, Colorado. Bill has over 30 years experience in the hospitality industry with extensive knowledge in consulting, sales, support, website design and Internet marketing.RezStream sells reservation software (RezStream Professional PMS), online reservation booking engine services (RezStream Rez2u Booking Engine), Global Distribution System services, custom website designs, and Internet marketing services.
As organizations around the world scramble to bring their sites into compliance with the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG), focus on other, preexisting accessibility regulations has also intensified. The United States’ Americans with Disabilities Act (ADA) is one of the most visible and complicated pieces of accessibility legislation. Let’s look at some of the ins and outs of what an ADA compliant website means today. Or, if you're interested in seeing the nitty-gritty details of your site's accessibility, request a free website audit report using the form on this page.
Currently, there is a safe harbor clause that allows your existing content to remain as it is, unless altered after January 18, 2018. However, the guidelines do pertain to any page that has been updated after that date. So if you want to avoid the legal costs of being found non-compliant with the ADA, it’s best to make the necessary changes to your website now.
The Americans with Disabilities Act was instituted in 1990 in an effort to end discrimination based on differing abilities. Drawing heavily from the landmark Civil Rights Act of 1964, which established protections against discrimination based on race, religion, sex or national origin, the ADA went a step further by requiring organizations to provide “reasonable accommodations” to employees with disabilities.
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 fact that an ADA compliant website can increase your target audience by millions is just one reason to make your site more accessible. Another benefit is that not only will you get more customers, but those customers will also know how valuable they are to your business. After all, they might have gone to a few other websites that were not ADA compliant, disappointed each time that they couldn’t access the content, until they got to your website.
The average cost for hiring a web designer varies greatly depending on the scope of the work, which may range from building a site from scratch to rebranding an existing one, as well as the amount of content and graphics the designer will create. In general, the more complex the project, the more time the design agency will have to spend. Because web designers often work on an hourly basis, the longer the project, the higher the costs; you can count on the web designer spending at minimum 10 hours to create a very basic website with just a handful of pages with few elements. Prices also depend on the designer’s skill set, the process, and the company’s rates. In general, the national average cost for a basic website package starts at $500, but a customized website can cost as much as $2,000 or more. Here are typical average hourly rates, broken out by the complexity of the work:
Thank you all for your comments. In my world of space planning and design of commercial facilities of all types , job # 1 is to make sure you can exit a building in case of heavy smoke and fire and make sure that the space is handicapped accessible and that a disabled person can get out of a building in case of fire. I have never heard of a handicapped accessible website, however the explanation of a website that refers to a physical space makes sense. Alt text to describe something on a website and /or possible audio enhancements also make sense. That being said I am also very aware of real and let’s call them faux lawsuits and have concerns about opportunistic lawsuits. They are already happening and to think that could morph into the web is frankly frightening,
When the law was enacted in 1990, it did not specifically address website accessibility for the disabled, but this has become a much-discussed topic in recent years. In 2006, Target settled a class action lawsuit alleging Target.com was inaccessible to the blind, in violation of the ADA, and in 2015 both Reebok and the NBA were hit with a class action lawsuit that alleged their websites did not accomodate the blind and visually impaired.
The ADA statute identifies who is a person with a disability, who has obligations under the ADA, general non-discrimination requirements and other basic obligations. It delegates fleshing out those obligations to federal agencies. The agencies issue regulations and design standards. The regulations have the details on the rights of people with disabilities and responsibilities of employers, state and local governments, transportation providers, businesses and non-profit organizations. The design standards specify how many entrances need to be accessible, how many toilet rooms and the design for those elements. To know what the ADA requires, you need to read the law, regulations and design standards.
Yes, all websites must have hand rails in the rest rooms, ramps in lieu of front porch stairs and elevators with doors wide enough for wheelchairs to be easily loaded into them. Seriously though, ADA only covers Americans, and the Internet is hardly just an American institution. Besides, browsers can already be configured to override the web designer’s pre-configured fonts, font sizes, font and page and page background colors, etc, to make it much easier to read. Also, the big 3 Operating Systems (MS Windows, MAC, and Linux) have text-to-speech programs which will allow the computer to read...
Because web designers tend to work as freelancers on a project basis, they must be excellent communicators, willing to manage their own work, and available on your schedule. Some critical skills, such as working collaboratively and responding enthusiastically to feedback, aren’t core to good web design, but make working with a web designer much easier. Finally, look for a web designer who has cross-functional knowledge, such as understanding marketing and conversion rate optimization in addition to web design.
Courts have essentially taken three positions when approached with this issue. Some courts take the position that the ADA applies to all commercial sites because the law was meant to protect disabled individuals from having a more difficult time than able-bodied individuals from doing business. That is why the website Scribd was unable to get a case summarily dismissed and ended up settling.