Do you know your business can be sued if your website is not ADA-compliant? In today’s digital age, web accessibility is a legal requirement for any business that is “open to the public.” An ADA-compliant website ensures all customers, including those with disabilities, have equal access to your digital presence.
Under the Americans with Disabilities Act (ADA), a website is considered a “place of public accommodation” if it has a connection to a physical business location that is open to the public.
Some examples include:
A restaurant’s website allowing customers to view menus, make reservations, or order takeout would be considered open to the public and subject to ADA website compliance.
A medical practice website providing information on services, appointment booking, or accessing patient portals would be viewed as public-facing and obligated to meet accessibility standards.
Hotels/motels – Sites allowing room reservations and providing information on amenities must be compliant.
Gyms/fitness centers – Websites allowing membership signups, class schedules, and facility details are covered.
Salons/spas – Online booking services, price lists, and location info constitute a public site.
Event venues – Sites allowing event space rentals and site layout views are covered.
An online store operated by a physical retail store would be seen as an extension of that public accommodation and require an accessible design.
NOTE: A website for online-only businesses with no physical public location is still required to comply with ADA accessibility standards. However, having no physical presence may complicate legal jurisdiction but does not exempt websites from ADA coverage, according to DOJ statements.
Failure to make your website ADA-compliant opens up your business to discrimination lawsuits.
While there are no direct federal fines or penalties for websites being non-compliant with ADA accessibility standards, businesses can face legal and financial consequences for inaccessible websites under the ADA:
Lawsuits – People with disabilities can file lawsuits against non-compliant sites under Title III of the ADA. Typical remedies sought are site modifications, legal fees, and sometimes monetary damages.
Legal fees – Defending against an ADA website lawsuit can cost anywhere from $10,000 to over $100,000, even in the event of an out-of-court settlement.
Settlement costs – Many cases are settled and require businesses to pay the plaintiff’s legal fees and modify the accessibility of their sites. Typical settlements range from $5,000 to over $20,000.
Loss of revenue – An inaccessible site blocks customers with disabilities, resulting in lost sales and profits. Up to 20% of Americans have some form of disability.
Reputation impact – Negative publicity stemming from an ADA lawsuit and an inaccessible site can harm customer trust and a company’s brand image.
Future compliance costs – Making accessibility corrections after the fact tends to cost more than proactive compliance. Sites may require extensive changes.
So, while the ADA does not impose fines directly, there can be significant legal, financial, and indirect penalties for non-compliant websites. Taking proactive steps to ensure website accessibility is recommended to mitigate risks.
There have been many website accessibility lawsuits filed in recent years, alleging violations of the Americans with Disabilities Act (ADA). Below are a few of the more high-profile examples:
Blind plaintiffs sued the Winn-Dixie grocery store chain for not having an accessible website, leading to a $250,000 settlement.
A visually impaired customer filed a class action suit against Domino’s Pizza regarding barriers on their website and apps that didn’t work with screen readers.
A lawsuit was filed against the Hershey Company by a man who could not order personalized chocolate gifts online due to accessibility issues.
Proctor & Gamble was sued over accessibility barriers on its Scope, Pringles, Charmin, and other brand websites.
Outback Steakhouse was sued by two blind couples who could not use the website. The case settled for $20,000.
Amazon, Nike, Target, CVS Pharmacy, and Weight Watchers are some of the other major companies facing website or app accessibility lawsuits.
So, lawsuits aimed at making websites and mobile apps accessible under the ADA continue to be filed against major corporations as well as small businesses across nearly every industry. Proactive compliance is key to avoiding litigation.
Below are some key things businesses open to the public should address on their website to avoid violating ADA accessibility standards:
Add alt text descriptions to images so screen readers can convey what’s in them to blind users.
Ensure all site functions can be accessed and operated via keyboard commands without requiring a mouse.
Use sufficient color contrast ratios so the text is readable for those with low vision.
Provide text descriptions and captions for videos, audio clips, and charts/graphs.
Ensure that site navigation and menus are logically structured so that assistive technologies can parse them.
Use ARIA landmark tags appropriately so screen reader users can easily skip to the main content areas.
Allow users to zoom in on pages up to 200% without losing functionality.
Avoid flashing content that could trigger seizures for users with epilepsy.
Make sure forms are structured properly and indicate required fields appropriately.
Don’t rely solely on color to convey meaning.
Making these types of ADA-compliant adjustments maximizes accessibility for users with various disabilities and provides an equal user experience. Failing to address such issues opens businesses to potential legal risks and penalties.
Finally, there are several online tools available to analyze websites for ADA accessibility and compliance:
WAVE – A free web accessibility evaluator providing detailed reports on errors, alerts, and contrast issues. It has browser extensions for real-time feedback as you navigate sites.
Siteimprove – A paid tool that offers in-depth accessibility auditing for WCAG and ADA compliance, with customizable reports to share with developers.
AccessiBe – An automated checker for ADA/WCAG criteria with integration options for Jira, Slack, etc., to streamline remediation.
AChecker – A free online tool that lets you test single pages or full sites for accessibility problems in multiple standards, including ADA.
Using these automated web accessibility scanners can help identify website compliance issues so they can be systematically addressed and remediated. Fixing errors upfront is better than waiting for potential legal complaints.
