ADA Compliance: Website Accessibility
Make Your Website Compliant, mitigate any potential risk from nuisance lawsuits, with full solutions that meet ADA / WCAG regulation guidelines for digital compliance.
It Is The Law!

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.

You missed the news?

57.5 million people in the United States have some form of disability
19.6 million people have difficulty seeing or are blind
17.6 million people have difficulty hearing
10.3 million people have difficulty lifting or grasping
In general ADA Compliance refers to the Americans With Disabilities Act, which states that businesses must be accessible to all patrons in a physical location and on the web. It means providing a way for all web visitors to interact with your website, including those who require the use of assistive technologies.
Making your business website ADA compliant is not only a Law, it’s morally the right thing to do. Not only would it protect your business from being a “sitting duck” for potential lawsuits, it helps you get new customers and enhances your overall online presence.

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.

Usability Audit
A comprehensive evaluation of your website testing for consistency, errors, and compliant measurement with accessibility WCAG guidelines. We provide a report card and recommendations to increase conversions, usability, and expand your audience reach.
Accessibility Repairs
We utilize Accessibility Audits to perform remediation on your website to meet the WCAG 2.1 Guidelines. We take various web standards into consideration as well as fewer clicks effect, Search Engine Optimization, and content management system for ease of updates.
Website Optimization
Websites that are fast, attractive, accurate, and easily accessible not only get more traffic, but they’re ranked higher by major search engines. Our web accessibility testing tools make it easy to optimize your website for search engines and users while fulfilling ADA and 508 requirements.
Monitor Performance
Website accessibility scans and monitoring are needed periodically to ensure everyone online can view and use pages on your website equally, regardless of any impairments. Since the web changes weekly if not daily, automated website accessibility tools are the best way to effectively monitor compliance on an ongoing basis.

Frequently Asked Questions (FAQs) Answered

Just as your physical location must be physically accessible to disabled individuals, so must your business website be “digitally accessible” impaired individuals who rely on the use of Assistive Technologies such as screen readers, audio transcribers, and similar tools.
It's a new law with no exception. All US-based businesses that operate in physical locations or online with customer-facing websites as part of their operations. These businesses are required to comply with ADA Title III regulations and they must make their websites accessible to ALL users, including impaired or disabled individuals.

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.

Enforcing section 508 of the Americans with disabilities act can be done in 3 ways: (1) A federal agency may enforce compliance if she determines that an entity is violating Title III. (2) Private entities or civil right groups may sue a business for violations. (3) A person with a disability or her/his lawyer can file suit for violations - enforcing title III all titles. Section 508 lawsuits come into effect if the company does not resolve the complaint fast enough after a demand letter. Deborah Walsh, Director of Legal Operations at Dept. of Justice and Civil Rights Division`s Disability Rights Office says that "several recent settlements have ranged from $100,000 to $200,000 depending on a number of factors including how serious and pervasive the violations were". Section 508 lawsuits result when a person (with a disability) or her/his representation files suit against another entity because that entity either fails to make their websites accessible or to comply with other under title parts of the ADA.
For ADA website compliance, the Courts have recognized web accessibility standards, called the Web Content Accessibility Guidelines 2.0 (WCAG 2.0/2.1), created by an international, and Globally recognized consortium of volunteers. Just a few of the dozens of requirements found within the WCAG Guidelines: Content must be coded for audio translation by screen-reader software & adding Descriptive Image (ALT tags). Also there must be on-screen captions in videos for screen-reader software to read to the blind and descriptions for the deaf. Sites must include accessible drop-down menus for those who use a keyboard as an alternative to a mouse.
WCAG 2.0 and 2.1 guidelines consist of three levels of Accessibility that a website can achieve. It’s recommended that you aim for Level AA at the beginning in order to mitigate litigation risks, and then add to the website in order to achieve a AAA rating if possible: Level A – Your website is accessible to some users. Level AA – Your website is accessible to almost all users. Level AAA – Your website is accessible to all users.

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.

Dave puts it all in simple terms:

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.

Is Your Business Website Compliant?

Our robust scanning, auditing and monitoring tools provide accessibility solutions for various websites and usability for all visitors.