ADA Compliance for Websites
Some Of The44,000 Plus Brands That We And Our Partners Have Worked With On ADA
The Florida Bar is leading the way for site accessibility for their organization of over 107,000 members. Leading the way for their members.
Lawsuits Are Targeting Websites Left And Right!
Who Has To Be ADA Compliant?
It is a common misconception that the ADA applies only to large corporations. However, this is a grave mistake. All businesses, regardless of size, must comply with ADA legislation for their customers and their employees if they have more than fifteen employees.
The ADA is a broad piece of legislation that covers many different aspects of accessibility for persons with disabilities. ADA Title III includes public areas such as transportation and schooling. It also covers “public accommodations”, which is a legal term that covers businesses, restaurants, hotels, theaters, doctor’s offices, pharmacies as well as retail stores, pharmacies, medical centers, pharmacies, public libraries, parks, daycare centers, schools, and other places of employment.
Although it was obvious from the start that ADA applied to all businesses in the physical world, it is less clear that it applies online. It was not possible to predict the extent of internet usage today, as evident by the 1990 bill. A range of U.S. courts has issued a variety of rulings over the past decade, some stating that websites are not considered a “public place of accommodation.”
Is ADA compliance mandatory for websites?
As the internet became more popular and websites played a greater role in consumers’ interactions with businesses, the way that ADA was applied to web accessibility started to change. It has been clear that the ADA covers the internet since 2017. Legal scholars, disability rights activists, and court rulings all agree that online portals, websites, and online shops must also be accessible to people with disabilities.
Stephen Boyd, Assistant Attorney General, wrote in an official letter in September 2018 to Congress stating that “The Department first articulated its interpretation that the ADA applies to public accommodations websites over 20 years ago. This interpretation is consistent with the ADA’s title III requirement that the goods, services, privileges, or activities provided by places of public accommodation be equally accessible to people with disabilities.”
Today, U.S. courts enforce ADA accessibility requirements for the online domain. This means websites must comply with ADA rules.
There are a few factors that have made ADA web accessibility such a hot topic in the legal world. One reason is that commerce has shifted to the digital sphere, and eCommerce has become a normal part of life. Many of our daily activities, such as ordering a taxi, booking an appointment with a doctor, and checking bus schedules, have been transferred to the internet. Web accessibility is becoming more essential as web interactions become more integral to our daily lives.
The rise of ADA website compliance lawsuits
The ADA impacts Web Design, Software Companies, and Development Agencies too
It is clear that a website that is not accessible to all users can be a huge liability for any company using the internet today. Remember that there is a growing market for people with disabilities. It’s worth approximately $21 billion and is more than both the Hispanic and African-American markets combined.
Digital accessibility is a core principle for marketers and businesses that understand the importance of users’ needs. Accessibility solutions for your website are essential, not only for your business to be protected from ADA accessibility lawsuits, but also to expand your market reach to even more site visitors as well. By making your site accessible to people with disabilities, you not only improve your chances of avoiding a lawsuit, but you also open up your site to a whole new group of potential customers.
Agencies and Software Companies that offer Non-ADA compliant Websites, Apps, Landing Page and Page Builders, can all be held liable and sued as well. This is a huge liability that is hanging over thousands of Agencies and Software Companies that most are not aware of at this time.
I am pretty sure once they get a class action lawsuit they might, however, most of these demand letters are settled out of court, so it more than likely will never be public knowledge of just how much money they have to pay out.
Because what company wants to go public and admit that they have been discriminating against people with Disabilities?
Accessibility guidelines for websites to achieve ADA compliance
There are some general web content accessibility guidelines and information that can help you determine if your website is ADA-compliant. The first is to check if your website meets the WCAG 2.0 guidelines. These guidelines are the international standard for accessibility, and they cover a wide range of potential accessibility issues. Another way is to use a web browser plugin or extensions, such as the Web Developer Toolbar for Firefox, or the WAVE Web Accessibility Tool for Google Chrome. These tools will allow you to quickly check for common accessibility issues on any web page. Another way to test your website’s accessibility is to use a screen reader.
Some general standards that may be helpful in website accessibility development in compliance with the ADA include ensuring that all content is accessible to all users, providing alternative methods of accessing content for those who cannot use traditional methods, and ensuring that the website is compatible with assistive technology. This means that the website must be able to be used by people who are blind, have low vision, are deaf, or have other disabilities that make it difficult to use a traditional website. The website design must be so that it can be used with assistive technologies, must be navigable without the use of a mouse, every video must have easy-to-read subtitles and many more.
There are a variety of devices and technologies that are used to support accessibility. One example is Screen Readers, which are software applications that can be used by people who are blind or have low vision to read the text that is displayed on a computer screen. Magnifiers are software that can be used to enlarge the text and images on a computer screen, making it easier to see for people with impaired vision. Text-to-Speech software converts text into audio speech.
Here are some web accessibility standards to keep in mind during website design and development for ADA compliance:
- When writing content for your website, use clear and concise language. This will make it easier for people with disabilities to understand what you are saying.
- Use headings and subheadings to organize your content. This will help your reader to follow your content more easily, and it will also make for a more cohesive user experience.
- Whenever you can, use concrete examples to illustrate your points. This will make your writing easier to follow for all users and visitors.
- Provide text descriptions as alternatives for non-text content such as images. This is important for people who have low or impaired vision and use screen readers to access online content and interaction
- Ensure that the site can be navigated using only a keyboard. Those with neurological conditions may have physical difficulty using a mouse, so a keyboard is a helpful alternative.
- Use simple and consistent navigation so users can easily find their way around the site.
- Use high-contrast colors for text and background to improve the level of readability.
- Use clear and concise fonts that are easy to read.
- ALL Videos must have clear, easy-to-read captions to accommodate those who are deaf or hard of hearing.
- ALL Audio files must have a text format or easy-to-read captions for those who are deaf or hearing impaired.
- ALL PDFs, JPGs, PNG.s and any other picture formats must have alternative text so screen readers can read them.
Why ADA plugins are not enough
While there are many so called ADA Plugins, why they can help, they are not the complete answer to making a Website, App, or Landing Page compliant.
Because what happens if the Plugin is interrupted during loading and you the underlying code is not compliant? You guessed it, you could be looking at a $35,000 demand letter.
The ADA plugin should be a back up and not the only thing that you do to comply. Also, the other thing is that there is only one plugin that we have tested that we feel offers a superior job at compliance.
A $5,000 Tax Credit to help you comply
Pretty safe bet that you have never heard that there is a $5,000 per year tax credit for making your site, landing pages, and Apps ADA compliant have you?
That is right! If you gross $1 million dollars or less a year or… If you have 30 or less full-time employees when done correctly, you can get up to a $5,000 per year tax credit on your Websites, Media, Landing Pages, and Apps to help make them ADA compliant.
If you need help with making your project ADA compliant, please get in touch with us and we will be glad to see if we can help.
Attorneys are enforcing the ADA
1. Demand Letters
In 2020 it was estimated that 265,000 website accessibility demand letters were sent 2020, This was across all states, but New York and California seem to be the most popular. Most cases settled for $10,00 to $100,000. Estimated Average Settlement was $35,000 per letter.
3. Legal Goldrush
2. Lawsuits
4. Targeting SMBs
Plaintiff’s law firms are getting increasingly efficient at identifying SMBs. And 49.08% of the lawsuits filed in 2020 were filed just 5 law firms in the US.
The above is an example of how we make the picture below, ADA compliant. It is fully readable by a screen reader whereas the graphic below is not.
