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The Americans with Disabilities Act (ADA) became law in 1990. It was created in an effort to prohibit discrimination against people with disabilities and ensure accessibility to all individuals, regardless of their physical limitations. Now, thirty years later, our world has changed tremendously, especially in regard to technology. Now more than ever, ADA compliance expands far beyond a simple handrail or parking space. It encompasses all public-facing entities, which includes most websites. Think your site may be at risk? It probably is.
You take pride in your work. You want your business to grow and prosper. After countless hours formulating the perfect set up and content for your website, you launch it and delight in seeing your company flourish and thrive like never before.
Meanwhile, a few blocks away, a blind woman logs onto her computer using a screen-reader and system of key commands. This is part of her daily routine. She’s an experienced web surfer like you or I, she just does it a little differently.
Her computer announces the page she’s on and helps her through an online purchase. Next, she goes to Google and searches amidst the options in your business’s industry. She clicks on your website link, ready to become a new, satisfied customer.
Unfortunately, within ten seconds, you’ve lost her business. She is unable to interact with your website due to its ADA incompatibility.
Luckily for you, she does not take legal action against your company. Instead, she chooses to simply move on and find a different website, one with proper ADA compliance. However, many other businesses have not been so lucky.
ADA Compliance Lawsuits
Thousands of companies have learned about online ADA compliance the hard way — through a lawsuit.
In 2019, approximately 11,053 ADA Title III federal lawsuits were filed. This was an increase of 9% since 2018, and a 400% increase since 2013, according to Seyfarth Shaw, LLP, based in Chicago.
In 2018 and 2019, the top three states with online ADA non-compliance lawsuits were California, New York and Florida. However, lawsuits of this nature have popped up all across the nation and have affected large and small companies alike.
What Is ADA Compliance?
When thinking of accommodations for people with disabilities, you may think of a blue sign indicating wheelchair access, a handrail, closed captioning or maybe something written in Braille.
These adaptations can be found in most public places and are critical to those who rely on them daily. They’re also legally required, in many cases, depending on the type of business, its clientele and funding.
Although the Americans with Disabilities Act was passed in 1990, it was several years before legislation was written regarding website compliance. (Keep in mind, the internet itself has gone through many changes since then as well.)
Revised regulations from the Department of Justice for Titles II and III of the ADA were published in September 2010. These revisions created more enforceable accessibility standards known as the 2010 ADA Standards for Accessible Design.
Who Is Impacted By These Laws?
If you’re reading this now and wondering about your business’s website, the answer is most likely yes, your website needs to be ADA compliant.
Title I–V Of ADA Compliance
There has been considerable confusion surrounding not only who is required to be compliant but also how a company can go about making their website compliant with ADA standards.
The ADA is divided into five sections:
• Title I: Employment
• Title II: Public Services (state and local government)
• Title III: Public Accommodations and Services Operated by Private Entities
• Title IV: Telecommunications
• Title V: Miscellaneous Provisions
In an effort to understand ADA compliance, many have attempted to read through the five titles and have wound up even more confused than they were when they started.
Title I: Employment
This is largely due to the fact that people are getting hung up on this line in Title 1: “The ADA covers employers with 15 or more employees, including State and local governments.”
What we all need to realize, though, is that this is referring only to the employment aspect of the company’s duties — the obligation to their employees and their own internal affairs.
Title II And III: Are Your Company’s Services Open To The Public?
The critical element here is whether or not a company’s services are open to the public. In other words, if your website is meant to reach the public but is not accessible to the entire public, you are putting yourself at risk for a lawsuit.
Title II states that public entities, such as state and local government agencies, must make “reasonable modifications” to avoid discrimination and allow access to all people. This affects any and all websites funded through the government, including public schools and libraries.
Title III of the ADA focuses on private and public entities that are considered to be “public accommodations,” or, companies that provide goods or services to the public. Again, the law requires that businesses do not discriminate against customers based on disability.
What Other Factors Are Considered? Does My Site Need to Be Compliant?
Are there varying levels of urgency with regard to legal ramifications for noncompliance?
Absolutely.
If your website is an informational, just-for-fun blog, it’s highly unlikely to be on the receiving end of an ADA compliance lawsuit. However, if it is connected to a physical location with paying customers, then you may be at risk.
It’s not just companies with physical locations that should concern themselves over this matter. While a physical location heightens the need, it’s definitely not the only factor.
If your website hosts any type of commercial activity or refers to products and services sold on-site, online accessibility is 100% necessary. Ignoring this fact could lead to major financial problems for you and your business, through the form of a lawsuit you are sure to lose.
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Author: Jason Wilson, Forbes Councils Member
