The fact that the California federal courts only had ten website accessibility lawsuits filings in 2018 may be a surprise to some since California continues to lead the pack in the number of all ADA Title III lawsuit filings in federal court. However, it appears that plaintiffs filed their new cases in state court after a federal judge in the Central District of California dismissed a website accessibility lawsuit against Dominos’ in 2017. The Ninth Circuit reversed that dismissal last month, making California federal court an attractive venue for plaintiffs once again. We predict that the Ninth Circuit’s ruling will cause the number of website accessibility lawsuits in California federal courts to increase dramatically in 2019.
As I mentioned above, under each WCAG 2.1 principle is a list of guidelines, and under each guideline are compliance standards, with techniques and failure examples at each level. Some guidelines include only Level A items; others include items for multiple levels of conformance, building from A to AAA. At each stage, you can easily see what more you would need to do to reach Level AA or AAA. In this way, many websites include elements at multiple levels of accessibility.
This is the exact opposite of mistake #1. Let me start by revealing a dirty little secret when it comes to website design. Most people think, Oh, I’m going to hire a professional website firm because I want a “real website” As opposed to a Word Press website or something else. And what most people don't realize is that all websites are made from the same stuff.
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.
In this case, Barnett was a US Airways employee who injured his back, rendering him physically unable to perform his cargo-handling job. Invoking seniority, he transferred to a less-demanding mailroom job, but this position later became open to seniority-based bidding and was bid on by more senior employees. Barnett requested the accommodation of being allowed to stay on in the less-demanding mailroom job. US Airways denied his request, and he lost his job.
In most cases, private businesses can’t be sued for damages, under the ADA, says Anastasia Protopapadakis, an ADA defense attorney with the Miami firm Gray-Robinson. Businesses are sued for attorney fees and compliance. Businesses who agree to settlements or lose their cases must pay attorney fees and agree to become ADA compliant within a set amount of time, she said.
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.
No formal government standards exist for private businesses to follow to ensure their websites comply with the ADA, although a consortium of web innovators has created guidelines, known as the Web Content Accessibility Guidelines, to make websites more accessible to disabled people. Government websites already follow those guidelines, but private business websites, which are typically loaded with images and video, tend to be more difficult to overhaul to meet the guidelines, experts say.
Our team of experienced experts utilizes knowledge and proprietary technology to provide extensive detailed reports on what compliance issues exist on your entity’s website and PDFs. If you have a trusted developer to work on your website and PDFs, you can have them make the needed updates and changes. Don’t have a developer? ADA Site Compliance offers a custom, managed compliance solution for entities of all sizes. Our in-house developers will analyze, remediate and monitor your site’s ADA compliance for you.
Unfortunately for businesses, there is no magic bullet for website accessibility compliance and many website fixes can be cost-prohibitive for some companies. Many of these ADA website accessibility lawsuits have focused on larger businesses with perceived deeper pockets, likely because plaintiffs’ counsel believe these businesses are more willing to pay small settlements to dispose of these cases. Therefore, many smaller businesses that operate websites have opted to monitor developments until the Congress, the DoJ, or another agency provides better guidance. However, larger, more conservative businesses seeking to minimize litigation risk are often opting to retain a reputable web designer to ensure the company’s full compliance with WCAG 2.1 (or 2.0), or at least work toward that goal.
The Americans with Disabilities Act (ADA) and, if the government entities receive federal funding, the Rehabilitation Act of 1973 generally require that state and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden.2 One way to help meet these requirements is to ensure that government websites have accessible features for people with disabilities, using the simple steps described in this document. An agency with an inaccessible website may also meet its legal obligations by providing an alternative accessible way for citizens to use the programs or services, such as a staffed telephone information line. These alternatives, however, are unlikely to provide an equal degree of access in terms of hours of operation and the range of options and programs available.
The debate over the Americans with Disabilities Act led some religious groups to take opposite positions. The Association of Christian Schools International, opposed the ADA in its original form. primarily because the ADA labeled religious institutions "public accommodations", and thus would have required churches to make costly structural changes to ensure access for all. The cost argument advanced by ACSI and others prevailed in keeping religious institutions from being labeled as "public accommodations".
This particular lawsuit amounted to nothing more than a shakedown for cash, as the current laws would make it difficult to win the suit in court (more about this later) but it prompted me to dive deeper into the issue of ADA compliance. Through my research, I discovered there are some new laws on the horizon that could make ADA compliance mandatory, which means web designers and digital marketers need to know how to prepare.
This is an article that most other website developers probably don’t want you to read. The reason is that most other web designers basically like to think of themselves as all-powerful wizards with magical powers. And they use complex technical jargon and terminology to intimidate and mystify their clients into thinking that what they do is more complex than it is.
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.