Overview
Websites are liable for Website Accessibility barriers, accessibility lawsuits are costing website owners thousands. Here is how to be prepared and mitigate the risk.
The impact of a non-accessible website? Thousands of dollars.
Hundreds of website accessibility lawsuits citing the Americans with Disabilities Act have been filed annually. Many organizations continue to delay the inevitable, are unfamiliar with website accessibility, or expect to address the issue when and if it presents itself—delaying the implementation of a website accessibility policy and approach until after a demand letter is received, is not recommended. ADA demand letters specific to the website or application will cite the inability to use the website. Website accessibility complaints will further state the organization is violating the American with Disabilities Act – Title III – disability discrimination in places of public accommodation. While the code does not state websites explicitly, a precedent is in place by a variety of cases that have ruled the physical presence of business extends virtually (i.e., a website). Standards have been put in place (Website Content Accessibility Guidelines – WCAG) that dictate the guidelines of an accessible website to accommodate people with hearing, visual, cognitive, or motor disabilities.
A proactive approach to website accessibility mitigates the risk of the expense and time of a lawsuit. A range of companies has experienced website accessibility complaints, most notably Dominos Pizza, Dave & Busters, and even Beyonce. Based on the present information available, we expect the recent number of accessibility lawsuits to continue. Year after year, the number of people with disabilities and the number of people using the internet continue to rise. Sixty-one million adults in the U.S., or 26% of the U.S. adult population, are living with a disability, according to the CDC. An estimated 90% of Americans use the internet in 2019, up from 83% in 2015. Prevention of the use of essential internet features and functionality is affecting the lives of people with disabilities.
Many of the lawsuits claim the prevention of the use of the website is a violation of their rights. In 2018, there were thousands of website accessibility lawsuits filed tripling from the previous year. Most notably and recently, the Dominos Pizza lawsuit was upheld by the Ninth Circuit Court of Appeals, stating in January 2019 that the ADA applies to websites and mobile apps. The Ninth Circuit’s opinion was further validated when the U.S. Supreme Court refused to take up the case following their decision. Many businesses, large and small, have taken the initiative towards compliance, including Twitter, Facebook, Google, and Youtube. Some organizations are hoping to delay the cost as long as possible. In contrast, others feel the moral aspect of ensuring an online organization presence is worth the short term of the expense of not being digitally accessible.
What does it take to make a website compliant?
Web programmers specializing in compliance barriers will review the code on your current site, looking for areas that would greatly benefit from ADA compliant website improvements. Understanding the goals of the website and the volume of improvements needed, an implementation plan is developed. How customer data is stored, managed, and used is also reviewed for GDPR and CCPA compliance. Remediation of compliance barriers can span from full website creation to tweaks and changes to balance costs and timing with compliance. Recommendations to best manage customer information are provided, and a policy is developed. Following any changes, documentation of the improvements and ongoing testing and maintenance is performed.
Learn more about our human-led accessibility solutions that enable access for all
Website compliance is the new standard?
When an audit is performed, the options available to a business include a range of strategies and tools. A quick to market, value-focused, implementation strategy prescribed uniquely to each business challenge. Following implementation, ongoing proof of operation within compliant guidelines is recommended.
What happens when your website is not compliant?
When your website is not ADA compliant, you could face serious financial setbacks in fines and penalties. A company’s first violation of ADA compliance can be anywhere between $55,000 and $75,000. A second violation increases to $110,000 to $150,000. If your site doesn’t utilize ADA-compliant website design at all, it may become more difficult to keep up with the changing standards when it’s time to switch. Having a baseline of following ADA accessibility standards will make it easier to upgrade when guidelines change. In short, your website does not perform as well on search engine rankings when you do not adhere to ADA-compliant web design.
Under the Americans with Disabilities Act, courts have ruled that websites are extensions of public-facing businesses, meaning they must be accessible to individuals with disabilities.
Businesses can face lawsuits, demand letters, fines, and legal fees, often costing thousands of dollars and damaging brand reputation.
Businesses should follow WCAG guidelines, which provide clear standards for making websites accessible to users with visual, auditory, cognitive, and motor impairments.
By taking a proactive approach conducting accessibility audits, fixing barriers, maintaining compliance, and implementing ongoing monitoring and updates.
