ADA Website Compliance

The 1990 Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101) is a landmark federal law protecting the rights of and providing accessibility for people with disabilities, and, in its Title III, requiring businesses to comply with accessibility protections, including on their websites.

If you do not upgrade your company's website to be accessible to people with disabilities, you may be liable to lawsuits from both the Department of Justice (DOJ) and private individuals, with monetary penalties levied by the federal government of up to $75,000 on the first offense and up to $150,000 on the second.  Compliance measures imposed by the DOJ following consent decrees have included employee training, hiring of consultants, performance reviews, and annual testing.

You may also be liable for significant attorneys' fees, relief, and monetary damages if your company is sued for ADA non-compliance by a private individual. 

In 2023, plaintiffs filed over 4,500 ADA-related app and web accessibility lawsuits for an average of 80-100 lawsuits per week.  It is crucial to comply with the ADA to reduce your company's vulnerability to legal action, and to make your business website more accessible to potential customers.

Actions you can take:

In the DOJ's words, businesses are legally required to “take steps to provide appropriate communication aids and services (often called ‘auxiliary aids and services') where necessary to make sure they effectively communicate with individuals with disabilities.”

Below is a list of some of the actions you can take to ensure accessibility:

• Color contrast in text. Sufficient color contrast between the text and the background allows people with limited vision or color blindness to read text that uses color.
• Text cues when using color in text. When using text color to provide information (such as red text to indicate required form fields), including text cues is important for people who cannot perceive the color.  For example, include the word “required” in addition to red text for required form fields.
• Text alternatives (“alt text”) in images. Text alternatives convey the purpose of an image, including pictures, illustrations, charts, etc.  Text alternatives are used by people who do not see the image, such as people who are blind and use screen readers to hear the alt text read out loud.  To be useful, the text should be short and descriptive.
• This is especially important. Individuals with visual impairments are likely to be severely affected by a lack of alt text readable by screen readers.
• Video captions. Videos can be made accessible by including synchronized captions that are accurate and identify any speakers in the video.
• Online forms. Labels, keyboard access, and clear instructions are important for forms to be accessible.  Labels allow people who are blind and using screen readers to understand what to do with each form field, such as by explaining what information goes in each box of a job application form.  It is also important to make sure that people who are using screen readers are automatically informed when they enter a form field incorrectly.  This includes clearly identifying what the error is and how to resolve it (such as an automatic alert telling the user that a date was entered in the wrong format).
• Text size and zoom capability. People with vision disabilities may need to be able to use a browser's zoom capabilities to increase the size of the font so they can see things more clearly.
• Headings. When sections of a website are separated by visual headings, building those headings into the website's layout when designing the page allows people who are blind to use them to navigate and understand the layout of the page.
• Keyboard and mouse navigation. Keyboard access means users with disabilities can navigate web content using keystrokes, rather than a mouse.
• Checking for accessibility. Automated accessibility checkers and overlays that identify or fix problems with your website can be helpful tools, but like other automated tools such as spelling or grammar checkers, they need to be used carefully.  A “clean” report does not necessarily mean everything is accessible. Also, a report that includes a few errors does not necessarily mean there are accessibility barriers.  Pairing a manual check of a website with the use of automated checkers can give you a better sense of the accessibility of your website.
• Reporting accessibility issues. Websites that provide a way for the public to report accessibility problems allow website owners to fix accessibility issues.
• Readable hyperlinks. Hyperlinks that simply say “click here” or “read more” are inaccessible to visually impaired people.  Hyperlinks that fully explain the content laying behind the link are useful for people with and without disabilities.
• Pop-up windows. Pop-up windows are generally inaccessible for visually impaired users and are not recommended.  If a pop-up must be used, ensure that you notify the user that a pop-up has been activated to avoid confusion.

This is not a complete list of things to consider. There are many existing resources online, and a useful guide for programmers of websites (or others) is included here: https://guides.18f.gov/accessibility/

Essential technical guidance for reducing ADA liability is located in this link: https://guides.18f.gov/accessibility/checklist/

The WCAG guidelines linked below have been cited by the DOJ in filing lawsuits and compliance with these guidelines has been imposed by federal courts as a remedy for violations of the ADA:

https://www.w3.org/TR/WCAG22/#captions-live

WCAG's level A standard has been cited by the DOJ as the absolute “minimum” for websites to comply with, and WCAG compliance is recommended in the DOJ's supplementary information to Title III (RIN 1190–AA44). It is best to comply as fully as possible with WCAG's level AAA standard, the highest standard WCAG offers, to avoid liability under the ADA.

Conclusion

Upgrading your company's website to be accessible for people with disabilities means a broadening of your customer base, in addition to shielding your company from liability for violations of the ADA and protecting your company's reputation.  Your customers and users who do not have disabilities, like older people or people with limited internet, will also be served by enhancing your website's accessibility. Time spent enhancing your website means less time involved in lawsuits caused by preventable accessibility issues.

ADA lawsuits could affect your company.  Reviewing your site for ADA compliance will both protect you from liability and make your website a more accessible online space.   If you have any questions, please do not hesitate to contact us.