Since 2019, there has been a steady increase in the number of ADA related lawsuits won against business website owners across the United States. The digital ADA law, enacted in 2018, is more in favor of plaintiffs in big states, such as New York and California. It requires non-compliant businesses to make their websites accessible for people with disabilities. For businesses, a digital accessibility lawsuit means the risk in damages for each violation, also loss of your valuable time, legal cost and inconvenience in defending an accessibility lawsuit.
The US Department of Justice and courts have made it clear that websites are subject to the Americans with Disability Act (ADA). Hence, this new law emerged to make business websites comply with the WCAG and ADA, section 504 & 508 of the Rehabilitation Act.
Section 508 compliance specifically requires that websites are accessible to impaired individuals. Failing to provide customers information in a way they can understand would reduce numbers of interactive web visitors as well as make you less appealing or attractive towards potential consumers who might be impacted by accessibility issues such as those afflicted by disability on account of severity.
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For instance, your website is accessible if:
Every website should be accessible to all customers regardless of ability. Web standards dictate that for content to be truly accessible, it should be perceivable by everyone, operable by everyone, understandable for all. Website accessibility could be even more important for ADA compliance than physical accessibility since the web is virtual and open to visitors 24/7.
An all-inclusive accessible website brings great benefits to website visitors and owners.
Frequently Asked Questions (FAQs) Answered
ADA Title III is a Regulation that prohibits discrimination on the basis of disability in the activities of places of “public accommodation” which, for physical locations, are usually businesses that are generally open to the public and which fall into one of 12 categories listed by the ADA, to comply with the ADA Standards.
However, thanks to the rulings of not only local Circuit Courts, but also the legal precedent set by the Supreme Court on October 7th, 2019 in the case of Robles vs. Dominos, “places of public accommodation” are now interpreted to include the websites used businesses, regardless of if it has a physical business location or not.
The ADA Section 508 is in response to market trends and new innovations, such as the convergence of technologies. The refreshed section harmonizes requirements with other guidelines and standards both in the U.S. and abroad, including standards issued by the European Commission and with the World Web Content Accessibility Guidelines (W-WCAG), a globally recognized consensus on the standard for web content accessibility, and information and communication technology.
Specifically, the rule references WCAG 2.0 Level AA success criteria and applies them not only to websites but also to electronic documents, software, and applications. - source.
From 2018 to 2021, the number of ADA Website Compliance lawsuits has quadrupled! Below are few news links relating to non-compliant lawsuits against various businesses.
We’re dedicated to creating accessible website solutions to assist institutions, businesses, and e-commerce websites – with an easy flow widget that provides impaired web visitors with a great user experience while navigating your website pages. We do this by delivering integrated AI technology that measures, monitors, and fixes accessibility violations without changes to your website designs or codes. An all-inclusive accessible website brings great benefits to website visitors and owners.
Our robust scanning, auditing and monitoring tools provide accessibility solutions for various websites and usability for all visitors.