You may have noticed a common theme among these cases. Most of these cases’ plaintiffs were visually impaired individuals that couldn’t use their screen reading software with a website. It’s vital to note that disabilities extend well beyond blind individuals and all companies should adhere to all-encompassing best practices as it relates to ADA website compliance.
The lawsuit against Winn-Dixie was on the basis that those with visual impairments couldn’t access the website using their screen reading software. The individual that set the lawsuit in motion claimed that the website didn’t meet WCAG 2.0 AA standards. According to the article, Winn-Dixie set aside $250,000 to update their website to meet those standards.
The California Labor Code requires separate facilities whenever there are more than four employees. Where separate facilities are provided for nondisabled persons of each sex, separate facilities shall be provided for persons with disabilities of each sex also. Where unisex facilities are provided for persons without disabilities, at least one unisex facility shall be provided for persons with disabilities within close proximity to the non-accessible facility.
WCAG 2.0 AA is the standard on which most website owners are operating and is considered acceptable. As a business owner, it’s important to know which set of standards you should be meeting, but most of these standards are very technical. Therefore, we recommend working with a web firm that specializes in ADA website compliance and is familiar with WCAG 2.0.

We have some accessibility issues with the sidewalks and telephone poles that are in the center of the walks. This does not allow for a wheelchair to travel on the sidewalk. Also, the walks have huge cracks so there are different levels in the walk. In addition, at one point wheel chairs must circumvent blockage by traveling into the street which has a 45 mph speed limit. Is there a source to let the city know they need to do corrections? Is this an ADA non-compliance issue?


Of the 814 federal cases, New York and Florida led the way with more than 335 and 325 cases, respectively. Surprisingly, California only had nine new website accessibility lawsuits in 2017, most likely because plaintiffs filed in state court.  Federal courts in Arizona (6), Georgia (9), Illinois (10), Massachusetts (15), New Hampshire (2), Michigan (1), New Jersey (4), Ohio (8), Pennsylvania (58), Puerto Rico (1), Texas (7), and Virginia (24) also had their share of website accessibility lawsuits.
The ADA has been criticized on the grounds that it decreases the employment rate for people with disabilities[48] and raises the cost of doing business for employers, in large part due to the additional legal risks, which employers avoid by quietly avoiding hiring people with disabilities. Some researchers believe that the law has been ineffectual.[49] Between 1991 (after the enactment of the ADA) and 1995, the employment rate of men with disabilities dropped by 7.8% regardless of age, educational level, or type of disability, with the most affected being young, less-educated and mentally disabled men.[50] Despite the many criticisms, a causal link between the ADA and declining disabled employment over much of the 1990s has not been definitively identified.[51]

The regulations in California were developed by the Division of the State Architect, Access Compliance, eight years before the United States Congress passed the ADA. The current California Building Standards Code was written to provide a single code which would meet all of the most stringent requirements of the original California Building Standards Code, as well as the 1991 Federal Fair Housing Amendments Act and the Americans with Disabilities Act Accessibility Guidelines.
If you do get sued, if you immediately remediate your website, you may be able to get the lawsuit dismissed on mootness (there’s no longer anything in dispute, i.e. plaintiffs are arguing your website is inaccessible but you’ve already made it accessible). This definitely does not mean you should wait to fix your website but it does mean you may have an out.

No. To the extent that EVCS are a public accommodation or commercial facility they are covered by the federal law of the Americans with Disabilities Act. The new accessibility requirements in the CBC are intended to provide full compliance with the requirements of the ADA. Compliance will help property owners meet their legal obligations under the ADA and avoid costly legal actions.
In 2002, the Department of General Services, Division of the State Architect submitted the 2001 edition of the California Building Code along with a side-by-side analysis of the ADA Standards for Accessible Design to the United States Department of Justice. The side-by-side analysis contained proposed revisions and additions to California Building Code regulations that were considered necessary in order to establish equivalency with the ADA Standards for Accessible Design.
Companies all over the country in a wide variety of industries are getting served with lawsuits because their websites don’t meet compliance standards. Here, we’ve compiled the top 10 most noteworthy ADA website compliance lawsuits and settlements, but before we get into those details, we’ll first define what ADA website compliance is and help you understand some of the most used terms.
Seyfarth’s ADA Title III team consists of attorneys with extensive experience in ADA Title III litigation located in many offices across the United States, including California where plaintiffs are most active. With additional litigators admitted to practice in virtually every jurisdiction in the country, we have the resources to defend our clients against lawsuits and investigations on a nationwide basis and provide consistent and efficient service in national engagements. We have successfully defended against or resolved hundreds of lawsuits brought under Title III of the ADA and applicable state laws.

Since enforcement of the act began in July 1992, it has quickly become a major component of employment law. The ADA allows private plaintiffs to receive only injunctive relief (a court order requiring the public accommodation to remedy violations of the accessibility regulations) and attorneys' fees, and does not provide monetary rewards to private plaintiffs who sue non-compliant businesses. Unless a state law, such as the California Unruh Civil Rights Act,[55] provides for monetary damages to private plaintiffs, persons with disabilities do not obtain direct financial benefits from suing businesses that violate the ADA.
Seyfarth’s ADA Title III team consists of attorneys with extensive experience in ADA Title III litigation located in many offices across the United States, including California where plaintiffs are most active. With additional litigators admitted to practice in virtually every jurisdiction in the country, we have the resources to defend our clients against lawsuits and investigations on a nationwide basis and provide consistent and efficient service in national engagements. We have successfully defended against or resolved hundreds of lawsuits brought under Title III of the ADA and applicable state laws.
In one case where the defendant, Bang & Olfusen, won its motion to dismiss, the court noted that the plaintiff had failed to plead a nexus between the physical place of public accommodation and the website in question. In the other case, the court dismissed the claims made against Domino’s because requiring the defendant to comply with a set of web accessibility guidelines that are not yet law would violate due process principles.  The Domino’s decision is on appeal and will be reviewed by the Ninth Circuit in 2018.  Our post about these cases is here.
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Where EVCS are provided with a touch screen but without point-of-sale devices, neither the CBC nor the ADA Standards for Accessible Design provide explicit requirements for the touch screen accessibility. However, Title III of the ADA prohibits discrimination against individuals “…on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation…” (see 42 U.S.C. § 12182(a)) Past court cases have indicated that accessibility must be provided at places of public accommodation and governmental programs and services, even in the absence of explicit requirements. Accordingly, DSA advises that designers incorporate touch screen accessibility into their projects.
Claims: The Department of Justice launched an investigation into the NMCP’s compliance with title III of the Americans with Disabilities Act and found that it failed to make all of its exhibits, public programs and other offerings accessible to individuals with disabilities; failed to provide necessary auxiliary aids and services to ensure efficient interaction with people with disabilities.
ADA compliance isn’t a set-it-and-forget-it thing. Compliance standards must be followed and will evolve just as your website does. There are guidelines all website contributors must know to stay within ADA guidelines. It is generally not burdensome but it does require some web managers to change their workflows. For example, loading images up to your ecommerce site will always need some of that alternative text (alt tags) mentioned above.
What I suspect you are looking for is advice about how to make your home “accessible” for your aunt and uncle. The ADA and the accessibility requirements of the California Building Code are specifically for “facilities offering goods and services to the public.” As to making your home more accessible, an architect or a good contractor can help you. You can also find accessibility requirements in our digital guide to accessibility compliance in California (ADA4CA) which is available on iTunes, Amazon and Barnes & Nobel.
Effective January 1, 2017, an individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility may bring an action under FEHA for any form of harassment or discrimination (CA Gov. Code Sec. 12926.05). An employer has an affirmative defense by proving that the challenged activity was permitted by statute or regulation and that it was necessary to serve employees with disabilities under a special license.
HRB Digital and HRB Tax Group have agreed to: appoint a skilled web accessibility coordinator who will report to H&R Block’s enterprise Chief Information Officer; adopt a web accessibility policy; initiate training on accessible design for its web content personnel; evaluate employee and contractor performance based on successful web access programming; conduct regular automated and user group testing; hire an approved outside consultant to prepare annual independent evaluations of Block’s online accessibility;
For instance, if you have a video that displays the benefits of your product, but it doesn’t have captions, then people who are deaf or hard of hearing will not get to find out how great your product is. The same goes for when you have images with no alternate text. The point of the alternate text is to allow screen reading tools to describe the image to someone who is blind, so if you don’t have that text, some of your audience will miss out. Similarly, it’s important to ensure your website is fully accessible without a mouse so that people with physical limitations can use it.

Construction law is quite difficult, and takes experienced professional expertise. The Division of the State Architect functions as a building oversight agency on state-funded construction projects, and can only direct you to general resources at your local building department. If DSA is the jurisdictional authority, our "California Access Compliance Reference Manual" has all of the building code accessibility regulations and policies used on projects under DSA approval authority. The Manual is available as a free download as an Adobe Acrobat (PDF) file. The Manual is also available in hardcopy at technical bookstores throughout California.

The good news for potential defendants is that the only remedies available in private ADA suits are injunctions that force you to come into compliance and attorneys’ fees. If the Department of Justice gets involved, they can seek civil fines and penalties. Hence, you need to do the risk/benefit analysis as to whether it is worth challenging the claim or not. This report says the lawsuits are on the rise.
Part of Title I was found unconstitutional by the United States Supreme Court as it pertains to states in the case of Board of Trustees of the University of Alabama v. Garrett as violating the sovereign immunity rights of the several states as specified by the Eleventh Amendment to the United States Constitution. The Court determined that state employees cannot sue their employer for violating ADA rules. State employees can, however, file complaints at the Department of Justice or the Equal Employment Opportunity Commission, who can sue on their behalf.[19]

According to Law360, over 240 federal ADA website compliance lawsuits were filed in 2016 alone. As stated by Seyfarth Shaw, the trend continued through 2017 with an astonishing 814 ADA website accessibility lawsuits filed. A more recent Seyfarth Shaw Synopsis states that web accessibility cases filed to federal court showed no signs of stopping during the first 6 months of 2018 and there have already been at least 1053 ADA lawsuits filed. Most of them were coming from California, New York and Florida residents with disabilities.
There is some confusion about whether the “accessible path” that is required means there must be an accessible path from the EVSE (charger) to the facility/building at which the station is installed, or whether the accessible path is just from the parking spot to the EVSE (charger). If the prior is enforced, it could increase the costs of installing EVSE in some instances. What is the correct interpretation of “accessible path”?

My husband is 92 and now confined to a wheelchair following a stroke. Back in Jan.2017 i moved us into a condo. Renting a unit from a private individual who owns tbe unit. He has been accomidating,on the other hand the HOA has not. For instance the lights have been out on the south entrance to our building for over 6 months. I have repeatedly sent emails and phone calls which mgt. Stated they will have it taken care of yet nothing ever happend. Now my husband has bruised his hands and skinned his shins attempting to enter after dark yet mgt has not responded to our request at all. Also the issue of handicapped parking spaces we were told nothing they could do because spaces are deeded to owners? Building built 1989


The Department of Justice may file lawsuits in federal court to enforce the ADA Compliance, and courts may order compensatory damages and back pay to remedy discrimination if the Department prevails. Under title III, the Department of Justice may also obtain civil penalties of up to $55,000 for the first violation and $110,000 for any subsequent violation of ADA Compliance.
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