Does Your Website Need to be ADA Compliant?
The Americans with Disabilities Act (ADA) exists to prohibit discrimination against those individuals with disabilities. ADA law defines a disability as a physical or mental impairment that substantially limits a major life activity. Did you know that the ADA prohibits online discrimination in addition to physical, in person discrimination and physical barriers? This is because websites are now important for commerce and providing public information. An inaccessible website excludes people similarly to having an inaccessible storefront, and it’s important to make sure your website is compliant with ADA guidelines.
How Do I Make My Website ADA Compliant?
Disabled people often use technology to help them navigate the Internet better. For example, blind people may use a device called a screen reader which speaks the text that appears on a screen. Hearing impaired people may use captioning. Physically disabled people may use voice recognition software or other assistive devices. There are many other examples of these types of adaptive technology.
Having an ADA compliant website means adopting certain technical standards, including the Web Content Accessibility Guidelines (WCAG). For example, websites can be modified to include better color contrast. Color should not be used alone to give information, as screen readers will not usually advise of the color of the text, and color-blind individuals could miss important information. Videos should include captioning. Online forms should have clear labels and provide accessible alerts when required form information is missing.
Do all Websites Need to be ADA Compliant?
Not all websites need to be compliant with the ADA. Government websites or websites for businesses that are “open to the public” are good examples of websites that must be ADA compliant. If the business can be classified as a “public accommodation” under Title III of the ADA then their business website also needs to be ADA compliant. This includes retail and sales establishments, banks, hotels, hospitals and other medical offices, restaurants, theaters, and sports arenas.
What are the Potential Consequences of Not Having an ADA Compliant Website?
The ADA can be enforced by the Justice Department as well as through a private right of action by those affected. Remedies may include injunctive relief, an award of monetary damages to those affected, or civil penalties not to exceed $50,000 for the first violation, and not to exceed $100,000 for any subsequent violation.
Worth noting is that the specific manner of website compliance is important to consider with ADA related cases. For example, in the recent Northern District of Illinois case of Colon v. HY Supplies, Inc., 2023 U.S. Dist. LEXIS 204526 (N.D. IL, November 15, 2023), a legally blind plaintiff sued a medical supply company for failure to properly configure its website for blind users. Her claims were sufficient to survive a motion to dismiss, but the company claimed that their website was indeed ADA compliant through the provision of alternative auxiliary aids and services. For example, a restaurant is not required to make a menu in braille if the restaurant could instead ensure that waiters are available to explain the menu. In this case, the defendant argued that the plaintiff did not avail herself of alternative auxiliary aids such as its customer service hotline or a chatbot. Subsequently, after some ongoing discovery and related disputes, the court allowed Colon to dismiss her case with prejudice with the requirement that she pay the defendant’s costs. Colon v. Hy Supplies, Inc.,2024 U.S. Dist. LEXIS 106988 (N.D. IL, May 28, 2024). The case is currently on appeal.
ADA website compliance cases are fact specific and can be complex. For specific guidance on issues of website ADA compliance, please contact Levin Ginsburg Partner Kevin Thompson.
