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.
This plugin has been very useful in creating a fully ADA compliant site. Not only is it cheaper than most plugins, it encourages you as you work on the site. Letting you know what needs changed, and how far you have left to go. There's been a few issues' I've noticed with the builder "Themify", in the scanning. But whatever the issue is, most of the time the plugin creator has been very helpful in resolving these issues. The creator of the plugin responds within about 3 hours or less whenever you email. Most the time it's less than 30 minutes depending on the issue. Very glad to have such great support for the plugin. I highly recommend any business that is looking for building a ADA Compliant site, to use this plugin as it has done a great job for websites I use, and it's got a great price tag! It's well worth the price, and the additional features it gives to show you the definition of what each error is, is very useful.
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.
Federal law isn't the only consideration for businesses. Additionally, each state interprets the law differently. Consider the case against Netflix in 2012. Lawsuits were brought in federal court in Massachusetts and California. Netflix was accused of violating the ADA by not offering "closed captioning" options for its Internet streamed movies. Illustrating the complexity of this issue, the courts reached completely opposite decisions. Massachusetts held that Netflix must comply with the ADA, while the California court found that Netflix did not fall under the ADA's definition of "public accommodation."
In some circumstances, longer and more detailed text will be necessary to convey the same meaningful information that other visitors to the website can see. For example, a map showing the locations of neighborhood branches of a city library needs a tag with much more information in text format. In that instance, where the map conveys the locations of several facilities, add a “longdesc” tag that includes a text equivalent description of each location shown on the map – e.g., “City Center Library, 433 N. Main Street, located on North Main Street between 4th Avenue and 5th Avenue.”
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.
Poorly designed websites can create unnecessary barriers for people with disabilities, just as poorly designed buildings prevent some people with disabilities from entering. Access problems often occur because website designers mistakenly assume that everyone sees and accesses a webpage in the same way. This mistaken assumption can frustrate assistive technologies and their users. Accessible website design recognizes these differences and does not require people to see, hear, or use a standard mouse in order to access the information and services provided.
According to the DOJ, “Being unable to access websites puts individuals with disabilities at a great disadvantage in today’s society.” With these words in mind, the DOJ has rapidly adopted the role of web accessibility enforcer. A failure to make digital content, including websites, accessible to all individuals regardless of their emotional, physical, or mental disabilities, can result in hefty fines and class action lawsuits. In short, the DOJ is dedicated to making sure that individuals with disabilities have the same equal access to the benefits that are available online. Creating equal access is only possible if organizations a) understand the requirements of web accessibility, b) know that web accessibility is an obligation under the ADA, and c) make web accessibility a priority. The value that awaits when organizations adhere to digital accessibility laws can be measured in more than dollars and cents.
Last spring, I was approached by my local chapter of the Legal Marketing Association about presenting alongside attorney Dana Hoffman of Young Moore on the Americans with Disabilities Act (ADA) and its application to law firm website design. The presentation was fun and informative, and I was honored shortly thereafter the opportunity to expand the focus for an audience of litigators at the 2017 Defense Research Institute’s Retail and Hospitality Conference in Chicago. I’ll be presenting on this topic this Friday alongside Amy Richardson of Harris Wiltshire & Grannis. Amy has worked on both the litigation and government enforcement sides of this issue and we’re both looking forward to talking with attorneys representing clients across the business spectrum on this interesting topic.
Recent years have seen an uptick in federal lawsuits filed against businesses and governments, alleging that their website violates the ADA by being insufficiently accessible to people with disabilities. In 2017, there were at least 814 such lawsuits against organizations in a variety of industries, from banks and credit unions to restaurants and e-commerce websites. The defendants include small businesses as well as major corporations such as Nike, Burger King, and the Hershey Company.
The fastest, most certain way to be sure your website is in compliance is to contact a qualified web design agency and have them perform an audit of all your online properties. Make sure you interview the agency thoroughly first, as not all agencies are up to speed on ADA website compliance rules. A qualified web design firm will be able to identify any violations of ADA Website Compliance and outline a plan for updating your online content and properties. 
Videos need to incorporate features that make them accessible to everyone. Provide audio descriptions of images (including changes in setting, gestures, and other details) to make videos accessible to people who are blind or have low vision. Provide text captions synchronized with the video images to make videos and audio tracks accessible to people who are deaf or hard of hearing.
The DOJ is currently working to release new technical standards for digital accessibility. The latter updates to the ADA guidelines will be in conjunction with the latest version of WCAG 2.1, which includes the most widely accepted digital accessibility requirements across the globe. If organizations want to overcome the current limitations of ADA guidelines, then they should follow the WCAG 2.1 checklist,11 as well as the suggestions provided by the ADA. The latter two steps, combined with the help of a trusted digital accessibility compliance platform,12 can help organizations achieve digital accessibility best in class standards throughout all of their digital formats and across all media.
Federal law isn't the only consideration for businesses. Additionally, each state interprets the law differently. Consider the case against Netflix in 2012. Lawsuits were brought in federal court in Massachusetts and California. Netflix was accused of violating the ADA by not offering "closed captioning" options for its Internet streamed movies. Illustrating the complexity of this issue, the courts reached completely opposite decisions. Massachusetts held that Netflix must comply with the ADA, while the California court found that Netflix did not fall under the ADA's definition of "public accommodation."
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.
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