ADA Website Compliance

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This article explains the rules and regulations surrounding ADA website compliance. It also provides a list of tools to help make your website more compliant. If you’re looking for things you can right now to make your site more complaint, check out this article by Websiteforgov.com.

ADA-website-compliance

As you probably know, the American Disabilities Act enforces handicapped and disabled individuals’ right to appropriate accommodation such as braille lettering on signs or handicap parking spaces. ADA compliance is mandatory for physical locations, but what about ADA website compliance? According to the 2023 proposed legislation for state and local governments, “It is critical to ensure that people with disabilities can access important web content and mobile apps quickly, easily, independently, and equally.”

There are currently no official guidelines for ADA website compliance. There are, however, some rules and regulations in the works as of late 2023 for state and local government websites. That doesn’t mean private or publicly traded businesses can’t be sued, as websites are considered public spaces. Websites can and do get sued for inadequate accommodation for those with disabilities. Such was the case when Scribd settled a lawsuit filed by the National Federation of the Blind. But if there are no official guidelines yet for ADA law as it pertains to websites, how did that even happen?

For a private claim to be stated under the disability act, plaintiffs must allege the following three things:

A “place of public accommodation” is ambiguous, and thus there is some debate about what constitutes this term other than the 12 examples described in the statute. This lack of specificity has resulted in three different legal approaches to whether or not a website can be considered “public accommodation.”

This term from the statute often attributed to include websites is “other sales or rental establishment.” Since these regulations were established in 1988, there has not yet been any amendment to clarify this clause or add on to it.

What can I do to make my website ADA compliant? Website Content Accessibility Guidelines Accessibility Tools and Plugins

Three Different Legal Approaches to ADA Website Compliance

Depending on location in which the supposed violation took place, American courts have taken three separate positions on ADA website compliance so far.

– Some have ruled that ADA law only applies to physical establishments and never to websites. Over time this will most likely not be the case anymore.

– Others have ruled that if the website represents a physical establishment, such as a shop, the owner must adhere to the ADA. Home Depot and Target were both sued using this interpretation.

– The last approach is that all commercial websites must comply no matter what. This approach is supported by the claim that the purpose of American with Disabilities Act is to give those with disabilities an equal opportunity for doing business.

ADA Website Compliance

Web design firms, CourseVector included, can make a “best” guess / recommendation as to the most reasonable and cost-effective way to make your website accessible. However, it is important then to provide training to the staff responsible for making website updates to ensure that ADA standards are met continually and not just when the site was built.

It is better to try to make a site more accessible rather than not trying at all. Even small changes can keep users on your site for longer!

Another thing to note is that ADA website compliance is a moving target. The fix may not be once-and-done. In order for your site to stay up to date with ADA website compliance, a periodic review is a good idea.

What Happens if You Get Sued for Failure to Comply?

Private ADA lawsuits may result in an injunction to comply, but will not likely result in any fees in addition to hiring an attorney. However, if the Department of Justice files suit, fines, and other penalties may be enforced. Suits over ADA compliance for websites matter are becoming more and more common, but a large percentage of commercial websites still do not offer accessibility.

When Will the ADA Include Proper Definitions for Website Compliance?

ADA website compliance is expected to be mandatory for all commercial sites at some point in the future. The ADA claims to have official definitions for website compliance in 2018, but considering that these new regulations have been in the works since 2010, there is a high chance that the ADA will fail to provide these guidelines by that time. Many government sites currently use some method to make their site accessible for vision and hearing impaired visitors.

What Other Guidelines You Can Use?

Although there is currently no way to be entirely ADA compliant until some specific laws are put into place, most sites looking to accommodate disabled or impaired visitors use the Website Content Accessibility Guidelines (WCAG) 2.0, Levels A and AA. Many prominent groups involved in assisting American disabled people with these kinds of matters recommend this guide.

These guidelines require sites to incorporate software that can be used by the vision and hearing impaired. ‘Alt-text’ for example uses a screen reading technology that automatically dictates text. It’s possible to check the current accessibility status of your website according to the Web Accessibility Evaluation Tool. This will give you a good idea of where you stand and how well protected you are from legal action.The WordPress Accessibility Plugin

If you are using WordPress as your base software or are planning on switching to it, you can use the useful accessibility plugin. This simple plugin is based only on public opinion, but it does an excellent job of identifying deficiencies, which can easily be changed to accommodate the impaired using the accessibility options that WordPress already has. WordPress even has themes designated as ‘accessibility-ready’ with tags. Since 25% of websites on the internet today currently run on WordPress, these measures will make it much easier for many site owners to observe ADA website compliance when the time comes.

In February 2018, Amazon launched its Polly WordPress Plugin. Amazon’s Polly text-to-speech service has been around for a while. It offers over 40 voice options and supports at least 24 languages. It uses machine learning to deliver more life-like speech than more basic text-to-speech technologies. The launch of the WordPress plugin allows WordPress users to generate an audio feed for text-based content for each website post. One can then insert the audio into an embedded player, increasing the accessibility of any WordPress site. The plugin itself was free. However, charges are calculated based on the number of characters requested.

In August of 2023, the Department of Justice issued a Proposed Rule and Call for Comments for the “Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and Local Government Entities“. They feel that voluntary compliance has been insufficient in providing access to those in need. Therefore, “the Department is proposing technical requirements to provide concrete standards to public entities on how to fulfill their obligations under title II to provide equal access to all of their services, programs, and activities that are provided via the web and mobile apps“. The new legislation applies to all content conveyed to users via a web browser. The following aspects of a website are subject to these rules:

“The Department is proposing to require that public entities comply with the WCAG 2.1 Level AA success criteria and conformance requirements.”

If your municipality has 50,000 or more residents, you must comply with these standards within two years of the ruling’s finalization. If your municipality has less than 50,000 residents, you have three years to comply. All special district governments have three years to comply. There are a few exemptions to the requirements, including archival documents, however the document may change as it passes through legislation. It’s best to check with your solicitor on the ruling’s wording to make sure your archival electronic presence truly meets the exemption criteria.

The document also covers a municipality’s use of social media to communicate with its residents and visitors. The regulations proposed will apply no matter where the web content is located. This means that municipalities must comply with WCAG 2.1 Level AA requirements whether posting to their website or social media. In the eyes of the Department of Justice, the content on social media is the same as the content on a website. They are considering exempting content that predates the ruling, but again you should check with your solicitor to be sure your content falls within the parameters of the exemption.

Be Careful About Stating ADA Website Compliance

If you state somewhere on your website that it is ADA website compliant, or any other kind of guarantee for that matter, that is a legally binding contract that can be used against you in a court of law. If you are in fact compliant when the time comes and you wish to let visitors know, there should be no problem, as long as you actually are compliant. If you weren’t aware that in some way you were not compliant, you’d be at risk of legal action. If you have not stated your compliance with the American Disability Act or any other regulations, you have a certain level of protection.

Be Wary of Any Solicitor Citing a Lack of ADA Compliance

There are no official guidelines for websites pertaining to the disability act, so, therefore, it is impossible to identify a website as being compliant. Anyone contacting you citing ADA law may be trying to sell you something. Having accessibility for your site is a good thing, but depending on your website, it might not be completely necessary for quite some time, if ever.

How Much of a Risk is it Not to Include Accessibility?

The American with Disabilities Act may incorporate a clause or section dedicated to websites more specifically sometime soon, but things have been the way they are now for quite some time. Lawsuits are on the rise, so being safe is a good idea. On the other hand, you ought to decide whether or not to make your site more accessible based on the factors that are most relevant to your situation. You may be able to find out what other site owners in your area are doing about it and figure out how important it currently is for your industry to have an accessible website. Calculating your risk of legal action if possible should dictate your decision if nothing else.

Figuring out whether or not your site really needs to adhere to some kind of guidelines for the time being, such as WCAG 2.0, may not be simple; but if you are using WordPress, the plugin they offer is easy enough to use without spending an overwhelming amount of time or money implementing it. This, of course, depends on your website, but it shouldn’t take long, and your web designer should be willing to help. If you are not using WordPress, things may get a little more complicated. Regardless of what kind of website you have, it’s always a good thing to have accommodations for the impaired if it fits the budget.

Website Accessibility Update – January 2024

What are the benefits of website accessibility?

The Department of Justice based it’s proposed legislation in August of 2023 on several benefits to differently abled individuals having access to websites that accommodate them.

  1. Increased independence and dignity
  2. Increased privacy
  3. Reduced frustration
  4. Decreased assistance by companions
  5. Increased program participation
  6. Increased civic engagement and inclusion
  7. Increased certainty about what constitutes an accessible website

If you’re a small business, you may also qualify for a tax credit by making your website accessible to those who are differently abled! According to the Equal Opportunity Employment Commission’s guidance as of January 2024, “this new tax credit is available to “eligible small businesses” in the amount of 50 percent of “eligible access expenditures” that exceed $250 but do not exceed $10,250 for a taxable year. A business may take the credit each year that it makes an eligible access expenditure.”

ADA Website Compliance Update – July 2023

How to tell if Accessibility by Userway is installed on your website. Notice the icon in the lower right corner of this site. Clicking on that icon brings up the menu for the features provided by this WordPress plugin. You might think, “Well, that’s small!” It’s not meant to take up space and interfere with your site. It’s just meant to provide options to those with different abilities using your site.

how to tell if Accessibility by Userway is in use on your site
ADA Website Compliance Update – October 2022

Like search engine optimization and usability, website accessibility can yield better search results and increase the number of viewers reached while proving social responsibility to your users.

Below is a list of tools and plugins designed to increase the accessibility of your website.

WordPress Specific Accessibility Tools

ADA Website Compliance Update – January 2019

According to a post by Practical Ecommerce, as of January 30, 2019 the DOJ, the regulating body of the ADA, has yet to establish guidelines for ADA website compliance.  However, business’, are highly encouraged to follow W3C’s Web Content Accessibility Guidelines. According to information from Seyfarth Shaw, an international law firm, website access, and ADA Title III lawsuits hit record highs in 2018.  Although business’ are not yet obligated to follow web accessibility guidelines, you are required to provide an accessible website for your users.

ADA Website Compliance Update – August 2017

A verdict on ADA compliance in a court case filed by Juan Carlos Gil against Winn-Dixie Stores Inc. (case no. 16-23020) has been reached, and will most likely set precedence for rulings in similar cases. The ruling, in this case, may only currently apply to areas within the same jurisdiction, but it can be expected that other jurisdictions will follow the same ruling that has been established in this case for the first time.

Juan Carlos Gil, who has cerebral palsy and is legally blind, claimed that he didn’t have “the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations” without the aid of an on-screen reading system for Winn-Dixie’s website. As only one of roughly 70 websites the he has sued, Gil is continuing to play a major role in the shaping of ADA website compliance.

As this is such an important case in determining the future of ADA website compliance, here’s a brief overview of the details:

JAWS Screen Reader, Gil’s assisting software, was unable to access the majority of Winn-Dixie’s newly redesigned website. Experts confirmed this during the trial, and instead of arguing for the compatibility of the website and against Gil’s software, they chose to take the stance that their website was not “a place of public accommodation.” The presiding judge ruled that there is still a very close connection between Winn-Dixie’s physical stores and the website.

Winn-Dixie was given a three-year injunction in which they must overhaul their already recently redesigned website. Gil wasn’t compensated beyond the attorney fees, but his case was successful in forcing Winn-Dixie to make major changes to their site and costing them greatly in attorney fees for both sides, redesign expenses, new staff training protocols for accessibility, and more.


If you have any questions, please feel free to contact CourseVector.

This blog post is for informational purposes only. As always, if you’re unsure whether your website meets legal guidelines and ADA website compliance, you’ll need to consult a lawyer who specializes in website accessibility.

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