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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.


Title III also has applications to existing facilities. One of the definitions of "discrimination" under Title III of the ADA is a "failure to remove" architectural barriers in existing facilities. See 42 U.S.C. § 12182(b)(2)(A)(iv). This means that even facilities that have not been modified or altered in any way after the ADA was passed still have obligations. The standard is whether "removing barriers" (typically defined as bringing a condition into compliance with the ADAAG) is "readily achievable", defined as "...easily accomplished without much difficulty or expense".

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. 

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.
Due to the increase in ADA website accessibility lawsuits and negative media coverage about them, the U.S. House of Representatives, by a 225-195 vote, passed legislation in February 2018, the ADA Education and Reform Act of 2017, that would have amended the ADA to force prospective plaintiffs to first provide written notice of noncompliance to public accommodations – such as businesses operating public websites – before filing suit.  The company would then have 60 days to come up with a plan to address the plaintiff’s concerns.   However, that bill stalled in the Senate, where 43 Senators – enough to filibuster the bill – pledged in writing to block a vote on the Act.  Therefore, it is unlikely to become law anytime soon, especially given the results of the midterm elections.
However, in states that have enacted laws that allow private individuals to win monetary awards from non-compliant businesses (as of 2008, these include California, Florida, Hawaii, and Illinois), "professional plaintiffs" are typically found. At least one of these plaintiffs in California has been barred by courts from filing lawsuits unless he receives prior court permission.[55] Through the end of fiscal year 1998, 86% of the 106,988 ADA charges filed with and resolved by the Equal Employment Opportunity Commission, were either dropped or investigated and dismissed by EEOC but not without imposing opportunity costs and legal fees on employers.[50]

This past September marked the first time a judge ruled that the ADA applies even to businesses without a physical location. Scribd, an e-book subscription service is considered to provide "a place of public accommodation." Their services are not accessible to blind persons because they cannot be read with a screen reader. The judge reasoned, "Now that the Internet plays such a critical role in the personal and professional lives of Americans, excluding disabled persons from access to covered entities that use it as their principal means of reaching the public would defeat the purpose of this important civil rights legislation."
Your site would need to have a text only option, with all functionality accessible through a keyboard for visitors with mobility issues. Once you make these and other changes to meet ADA guidelines, your site would need to be tested by a website development company familiar with ADA compliance issues to be sure that visitors who use assistive technology such as screen readers are able to access your web content fully.
Many government services and activities are also provided on websites because the public is able to participate in them at any time of day and without the assistance of government personnel. Many government websites offer a low cost, quick, and convenient way of filing tax returns, paying bills, renewing licenses, signing up for programs, applying for permits or funding, submitting job applications, and performing a wide variety of other activities.
Courts have taken essentially the following position on the issue of whether websites are places of public accommodation: Website accessibility fulfills the spirit of the ADA by lowering the barriers for people with disabilities to participate in business and commerce. As such, commercial websites need to comply with ADA regulations. Judges have reached this conclusion in several high-profile cases, such as the National Federation of the Blind’s lawsuit against the Scribd digital library. As a result of this case, Scribd agreed to redesign its website to work with screen reader software by the end of 2017.
The Department of Justice’s revised regulations for Titles II and III of the Americans with Disabilities Act of 1990 (ADA) were published in the Federal Register on September 15, 2010. These regulations adopted revised, enforceable accessibility standards called the 2010 ADA Standards for Accessible Design, "2010 Standards." On March 15, 2012, compliance with the 2010 Standards was required for new construction and alterations under Titles II and III. March 15, 2012, is also the compliance date for using the 2010 Standards for program accessibility and barrier removal.
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What services they offer. Make sure the web design agency you’re interested in offers all the web design services you’re looking for — like 508 compliance, ecommerce design, or CMS integration. You’ll also want to see if the agency provides other services like SEO and PPC. You’ll likely be interested in these services after your website is up and running, and it’s extremely beneficial to work with a web design agency that does it all. You’ll want to be sure that the agency you choose provides other services like SEO and PPC since a great website is essentially useless without the proper promotion.
Staples were to use good faith efforts to ensure that all pages of www.Staples.com would substantially comply with the priority one and two checkpoints of the Web Content Accessibility Guidelines (WCAG 1.0) by no later than June 30, 2009. This was before the introduction of WCAG 2.0, therefore Staples had the opportunity to choose either version 1.0 or 2.0 of WCAG after supersession. If WCAG 2.0 would be selected, according to the agreement, Staples would have to meet conformance level AA.
Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation. Public accommodations include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays.

People with disabilities that affect their sight, hearing, or mobility may have difficulty accessing certain parts of websites and other online properties unless certain accommodations are made. Just as businesses may need to make adjustments to their physical location so that disabled customers have easy access to the premises, companies may need to adjust certain aspects of their websites so individuals with disabilities can take full advantage of all the features and services.

Shortly before the act was passed, disability rights activists with physical disabilities coalesced in front of the Capitol Building, shed their crutches, wheelchairs, powerchairs and other assistive devices, and immediately proceeded to crawl and pull their bodies up all 100 of the Capitol's front steps, without warning.[38] As the activists did so, many of them chanted "ADA now", and "Vote, Now". Some activists who remained at the bottom of the steps held signs and yelled words of encouragement at the "Capitol Crawlers". Jennifer Keelan, a second grader with cerebral palsy, was videotaped as she pulled herself up the steps, using mostly her hands and arms, saying "I'll take all night if I have to." This direct action is reported to have "inconvenienced" several senators and to have pushed them to approve the act. While there are those who do not attribute much overall importance to this action, the "Capitol Crawl" of 1990 is seen by some present-day disability activists in the United States as a central act for encouraging the ADA into law.[39]
“Any business that is considered a “place of public accommodation” is required to provide equal access to services under the nondiscrimination requirements of Title III of ADA. When you look at the guidelines closely, this includes hotels, entertainment venues, legal and accounting firms, retail stores, and virtually every business that is not a private club, including businesses that exist solely on the web.” (Read full article.)
The ADA defines a covered disability as a physical or mental impairment that substantially limits one or more major life activities, a history of having such an impairment, or being regarded as having such an impairment. The Equal Employment Opportunity Commission (EEOC) was charged with interpreting the 1990 law with regard to discrimination in employment. The EEOC developed regulations limiting an individual's impairment to one that "severely or significantly restricts" a major life activity. The ADAAA directed the EEOC to amend its regulations and replace "severely or significantly" with "substantially limits", a more lenient standard.[42]
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.
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If your hotel used responsive web design when creating your online marketing strategies, you’re already meeting many of the ADA compliant regulations for hotel websites. You will still need to make some changes, but you definitely have a head start. Making the changes now, before your business is the target of a lawsuit or government action, makes good business sense.   
Lack of basic accessibility features. The majority of cases are caused by this factor. The lack of basic, easy-to-implement web accessibility features may show indifference to needs of users with disabilities and their user experience browsing your site, which in most cases leads to a filed complaint. Basic accessibility features may include providing alt text on graphics, providing labels on form controls (e.g. text boxes, checkboxes, radio buttons), avoiding improper table markup which can lead to accessibility issues, providing alt text on images, etc.

In June 2018, the W3C released WCAG 2.1, which caused further confusion for businesses trying to decide what standard to follow.  However, the DoJ’s September 25, 2018 statement confirmed that the important decision for businesses is not whether to comply with a certain set of guidelines, but whether a disabled person can access the company’s goods, services, and benefits through its website.
The truth is, when you’re assembling like a furniture, you’re not a professional furniture builder, and therefore the quality and the output is not going to be as good. And that metaphor applies to website design. Most people are not professional digital marketers or designers or understand user personas, or how to get traffic, or any of those things. And so, not only are you using all of your time to build the website but then you’re not getting as high-quality an output as you would as if you just hired someone who did that full time.
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 ADA guidelines provide the foundation that organizations need to achieve digital accessibility best approaches, however they are not exhaustive. They do not provide direction for all of the accessibility challenges that people with disabilities face. They also fail to provide detailed technical instructions. With these limitations in mind, there is a ray of hope.
The ADA defines a covered disability as a physical or mental impairment that substantially limits one or more major life activities, a history of having such an impairment, or being regarded as having such an impairment. The Equal Employment Opportunity Commission (EEOC) was charged with interpreting the 1990 law with regard to discrimination in employment. The EEOC developed regulations limiting an individual's impairment to one that "severely or significantly restricts" a major life activity. The ADAAA directed the EEOC to amend its regulations and replace "severely or significantly" with "substantially limits", a more lenient standard.[42]
1:15 PM, Nov. 12, 2018 This story incorrectly says that nearly 5,000 ADA lawsuits were filed in federal court for alleged website violations in the first six months of 2018 and that 10,000 were projected to be filed by year’s end, up 30% from 2017. Those numbers actually refer to all ADA lawsuits for disability discrimination involving public accommodation filed in that period. Of those suits, lawsuits alleging website accessibility violations totaled 1,053 in the first six months, a number that is projected to rise to 2,000 by year’s end, up 90% from 2017.
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.
The Department of Justice (DOJ) has specifically stated in rulings that websites should be designed so they are accessible to individuals who have vision, hearing, and physical disabilities. There’s a growing body of case law where the DOJ required companies to provide an ADA compliant website and levied hefty penalties when sites failed to measure up.
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