Most recently, however, pizza chain Domino's has been brought under suit for their website not being accessible for specialty ordering. The U.S. Supreme Court refused to review the case, instead upholding the decision of the 9th U.S. Circuit Court of Appeals who said the “alleged inaccessibility of Domino’s website and app impedes access to the goods and services of its physical pizza franchises—which are places of public accommodation.”
While new companies might not prioritize web accessibility simply because of price, it can be seen as a great insurance policy. Even if you don’t fall into one of the categories mentioned above, if you want to prepare for the future and ensure no lawsuits, becoming web accessible is the way to go. Not to mention being available to persons with disabilities is very important and says that you care.
Your website looks good, is functional and provides a great user experience. But, can a disabled person use it? Can a visually-impaired person understand what your photos and other non-text aspects of your website are and do? If not, you may need to make some changes or you may receive a letter from lawyers threatening Americans with Disability Act, or ADA, claims.
Two agencies within the U.S. Department of Labor enforce parts of the ADA. The Office of Federal Contract Compliance Programs (OFCCP) has coordinating authority under the employment-related provisions of the ADA. The Civil Rights Center (CRC) is responsible for enforcing Title II of the ADA as it applies to the labor- and workforce-related practices of state and local governments and other public entities. Visit the Laws & Regulations subtopic for specific information on these provisions.
In short, the ADA is meant to protect disabled individuals as they go about their daily lives. These regulations ensure that people with disabilities are not denied entry into the above places or denied services by a company due to their disability. It is important to note that these regulations are now applicable to services that are provided online or through other digital formats. For example, if a company accepts job applications online, then it must ensure that a person with a disability can also apply for the job online. In other words, it is illegal to have barriers on the website that would keep the disabled individual from successfully completing their application. Fortunately, the ADA guidelines help to remove barriers and ensure that the Internet remains a space that people of all backgrounds and disabilities can use.
UPDATE: Since writing this post in August 2017, several important changes have taken place in the laws regarding ADA compliance for websites. On December 26, 2017, the Department of Justice announced that they have withdrawn the Obama-era Advance Notice of Proposed Rulemaking mentioned in this article which intended to require ADA website compliance. The DOJ’s withdrawal announcement stated, “The Department will continue to assess whether specific technical standards are necessary and appropriate to assist covered entities with complying with the ADA.”
Thanks for writing. While I’m not a lawyer I believe if your physical practice is ADA exempt your web presence, as an extension of that physical business would maintain the same exemption status. If you’d like to be absolutely certain I’d confer with an ADA lawyer (email us, questions at yokoco dot com if you need a referral) but I don’t believe you have reason to worry.
Another federal agency, the Architectural and Transportation Barriers Compliance Board (ATBCB), also known as the Access Board, issues guidelines to ensure that buildings, facilities and transit vehicles are accessible to people with disabilities. The Guidelines & Standards issued under the ADA and other laws establish design requirements for the construction and alteration of facilities. These standards apply to places of public accommodation, commercial facilities, and state and local government facilities.
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.
I have previous experience with a company that sold a platform to help alleviate ADA compliance issues on websites. From my understanding litigation is being brought to a few industries with it beginning to trickle down into others. Government agencies, education, banking, and law firms were some of the early initiators that were paying more attention to ADA before any lawsuits approached their door.
Thank you so much Jeremy for this article. it's a life saver. I was so lost on this issue. What I get from this article is clear. When you're small, focus on building your brand first then invest in a 'expert' website after you have proven you have a viable profitable business. I even had a look at some of the 'top' competitors in my field and boy Wix will just do guys. Your business is NOT your website. Business creates websites. Websites DON'T create business!
Ensure that in-house staff and contractors responsible for webpage and content development are properly trained. Distribute the Department of Justice technical assistance document “Accessibility of State and Local Government Websites to People with Disabilities” to these in-house staff and contractors on an annual basis as a reminder. This technical assistance document is available on the ADA Home Page at www.ada.gov.
These statistics are especially important when you consider the potential spending power of people with disabilities. Unfortunately, if the website isn’t accessible, then it is excluding more than 60 million Americans14. Additionally, 71 percent of customers14 with disabilities will instantly leave the site if it does not meet their accessibility needs. Another 80 percent of customers14 with disabilities have stated that they will spend more on a website that has improved accessibility features. Fortunately, if you follow Web Content Accessibility Guidelines (WCAG)7, then you can appeal to millions of individuals who want to enjoy the same online experiences as their friends, family, and neighbors. Giving them the chance is not only right, but it is also in accordance with ADA regulations.
In a society in which business is increasingly conducted online, excluding businesses that sell services through the Internet from the ADA would ‘run afoul of the purposes of the ADA’” in that it would prevent “‘individuals with disabilities [from] fully enjoy[ing] the goods, services, privileges, and advantages, available indiscriminately to other members of the general public.
The need to make websites, mobile apps, and other online properties accessible to all is only going to increase as time moves on. Smart business owners will do well to get in front of this issue and make sure that their websites are ADA compliant now so that all their customers have the equal access to the resources they offer. Not just because they want to avoid a lawsuit or government action, but because it’s the right thing to do.
The Department of Justice may file lawsuits in federal court to enforce the ADA Compliance, and courts may order compensatory damages and back pay to remedy discrimination if the Department prevails. Under title III, the Department of Justice may also obtain civil penalties of up to $55,000 for the first violation and $110,000 for any subsequent violation of ADA Compliance.
Aloha Tatiana! I wish your questions had straightforward easy answers – and if you are government funded it kind of is. (See here: https://www.ada.gov/websites2_prnt.pdf) if you are not government funded, this is something that is currently being debated in the legal system. That being said, the WCAG 2.0 guidelines are a good set of guidelines to help protect yourself if you feel you should. (You can see more on WCAG here: https://www.yokoco.com/find-out-how-to-make-your-website-compliant/)
ADA Compliance is not exactly new, but there is a noticeable increase in lawsuits. but the most important thing you can do to be ADA compliant is to make your website accessible to people with sensory disabilities like deafness or blindness. This includes alternate text for images and media that are more than decoration, like infographics and photos of things that explain or pertain to website content. This is most important if your website represents a public physical location, like a hotel or store of some kind. Because these lawsuits are usually pursued in the necessity, where people with disabilities really need access to such a business and can't obtain it. https://www.ada.gov/
Federal law isn't the only consideration for businesses. Additionally, each state interprets the law differently. Consider the case against Netflix in 2012. Lawsuits were brought in federal court in Massachusetts and California. Netflix was accused of violating the ADA by not offering "closed captioning" options for its Internet streamed movies. Illustrating the complexity of this issue, the courts reached completely opposite decisions. Massachusetts held that Netflix must comply with the ADA, while the California court found that Netflix did not fall under the ADA's definition of "public accommodation."
According to the DOJ, “Being unable to access websites puts individuals with disabilities at a great disadvantage in today’s society.” With these words in mind, the DOJ has rapidly adopted the role of web accessibility enforcer. A failure to make digital content, including websites, accessible to all individuals regardless of their emotional, physical, or mental disabilities, can result in hefty fines and class action lawsuits. In short, the DOJ is dedicated to making sure that individuals with disabilities have the same equal access to the benefits that are available online. Creating equal access is only possible if organizations a) understand the requirements of web accessibility, b) know that web accessibility is an obligation under the ADA, and c) make web accessibility a priority. The value that awaits when organizations adhere to digital accessibility laws can be measured in more than dollars and cents.
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.