An ADA-compliant website is not just about the law but about something equally important: equal access. Digital accessibility or accessible design is a way of designing websites and digital content so that these are usable by people with disabilities. The ADA, under Title III, provides that businesses operating in a place of public accommodation must provide equal access to individuals with disabilities. These days, it apparently extends to online platforms, including corporate websites.
In today’s world, websites are the front door to your business. In the case of people with various disabilities, such as those pertaining to vision, hearing, or mobility, no accessibility features would greatly limit the use of a website. Other ways to ensure compliance include screen readers, alternative text for images, captioning for videos, and keyboard-only navigation. These requirements make access to and utilization of services easy for people with disabilities as it would be for others.
Noncompliance with ADA standards can result in serious legal liability affecting your business. Federal courts increasingly interpret websites as places of public accommodation according to ADA, mandating businesses to make their websites usable by everyone. These businesses range in size from small, locally-owned Chicago shops to large corporations with a presence throughout the country.
I always tell my clients to be proactive about it, making sure their websites are ADA-compliant before some problem occurs. Websites that are not accessible could be exposed to lawsuits and/or discrimination claims, which come with very serious penalties, legal fees, and reputational harm. If a plaintiff prevails in an ADA lawsuit, the plaintiff may be granted injunctive relief, mandating that your business make its website compliant, as well as recover attorneys’ fees. Though there are no monetary damages available directly under the ADA, the fees can add up fast if your business is found out of compliance.
Besides the potential legal issues, businesses that proactively make websites more accessible can usually realize an increase in their customer base. This is because, when all people, regardless of ability, can access your website, you open up your business to more people and create an inclusive environment. This not only means good business sense but also goes to show your company values all its customers.
Making one’s website ADA-compliant need not be an overwhelming process. Indeed, there are established standards for the making of websites more accessible, such as the WCAG. The Department of Justice has referred to the WCAG as a guiding factor in determining compliance with the ADA. Personally, I believe a business owner should always seek the advice of a professional who can assess their website for compliance and provide counsel on how to meet the standards.
Taking the steps now to ensure your website is ADA-compliant can save your business from some expensive litigation and shows a commitment to inclusion. You’re not just avoiding legal risks; you’re building a business that everyone can access and appreciate.
An ADA-compliant website is one that provides accessibility to disabled individuals. That means the website needs to be equipped with features that enable visually, hearing, or immobile people to navigate and use it. Examples include screen readers for blind users, closed captioning for videos, and the ability to navigate the website without using a mouse.
Yes, under the ADA, any business that comes within the meaning of a place of public accommodation is required to make its website accessible to persons with disabilities. Examples include retail stores, restaurants, and any other entity that makes goods or services available to the public. Federal courts are increasingly viewing websites as public accommodations; therefore, ADA requirements would also apply to your online presence.
If your website is not ADA-compliant, your business may be subjected to a lawsuit. People with disabilities who are not able to use your website will sue your business under the ADA. However, in lawsuits under the ADA, the plaintiff cannot seek monetary damages. The plaintiff can seek injunctive relief against your business by forcing it to make its website compliant. Secondly, in case the prevailing party is the plaintiff, your business might also be bound to pay his attorney’s fees, which could be hefty.
You can check your website for compliance by looking at the WCAGs, which have clear suggestions on how to make websites usable by disabled people. The guidelines pertain to a number of various elements of website design, including readable text, keyboard accessibility, and media accessibility. It’s worth consulting a legal or digital accessibility expert who will let you conduct an in-depth audit and find out where your website may fall short.
Some of the easy steps include making your website readable by screen readers, putting alt text on images so visually impaired users can understand what it is, captioning video content, and making sure all interactive elements or buttons can be navigated by keyboard alone. Updating your website would be necessary on a regular basis to keep up with the guidelines for accessibility as technology and the ability to access evolve.
WCAG stands for Web Content Accessibility Guidelines which are internationally recognized guidelines providing specific instructions on how to make websites more accessible to people with disabilities. WCAG often finds its references in courts and regulatory agencies, including the Department of Justice, as a key standard for ADA compliance. Ensuring your website aligns with WCAG can help you reduce the risk of ADA-related lawsuits.
The ADA requires that any business that qualifies as a place of public accommodation is bound by law to make its services equally accessible, including digital services on websites. Places such as retail stores, restaurants, and hotels that operate in the selling of goods and services to the public are included in this category. If your business exists in a digital space, chances are you will need to meet ADA compliance standards.
Yes, ADA lawsuits don’t require proof of intent. Where your website is inaccessible, you could be found liable in case the inaccessibility was because of inadvertence on your part. This is why proactive steps are important for maintaining an ADA-compliant website.
You can do a few simple things yourself, but often it is a good idea to consult with a professional in ADA compliance and website accessibility who will audit your website to find places for improvement to meet the standards of accessibility such as WCAG and therefore help you stay clear of potential legal risks and make your website accessible to all.
If your business maintains a website, then taking proper steps towards ensuring that it’s in ADA compliance will help you avoid legal risks and equally provide your customers with access to your facility. North Suburban Legal Services is here to help you assess and improve the accessibility of your website. Now, in this evolving era of digitization, taking preliminary steps toward complete accessibility should also have evolved.
Contact our Chicago ADA attorney at North Suburban Legal Services today by calling 312-909-6089 to receive your free consultation. Serving clients throughout Chicago, we can help your business remain ADA-compliant, saving you the costs and headaches of litigation while showing your commitment to accessibility.