Across America, conscientious companies are getting sued for discriminating against people with disabilities—for reasons that they rarely consider and often do not directly control: the functions of their Web page (of lack thereof). Companies of various sizes and industries are facing lawsuits under the Americans with Disabilities Act (the “ADA”), Title III, alleging that a business’s website is not accessible to persons with disabilities. Under the ADA, businesses must make sure that everyone, including people with disabilities, can access their goods and services. While the ADA doesn’t provide specific guidance on websites, it does prohibit discrimination by “public accommodations,” which many courts have interpreted to include websites. The relevant language of the ADA is as follows:
No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. 42 U.S.C. §12182(a)
The most widely recognized standard for web accessibility is the Web Content Accessibility Guidelines (“WCAG”), developed by the World Wide Web Consortium. While WCAG is not a law, it has become the global benchmark for creating accessible websites. By following WCAG’s guidelines, businesses can take important steps toward ADA compliance and ensure that their websites are usable for all visitors.
WCAG guidelines are built on four principles: perceivable, operable, understandable, and robust.
- Perceivable: Information and user interface components must be presented to users in ways that they can perceive. For example, it’s important to present information that can be perceived in different ways, where a user can adjust color contrast or font size, or view captions for videos.
- Operable: User interface components and navigation must be functional for users in ways they can operate. For example, a user must be able to perform required interactions using a keyboard or voice commands, not just using a mouse.
- Understandable: Information and user interface operation must be understandable. For example, information and instructions should be clear and navigation methods should be easy to understand and use.
- Robust: Content must be robust enough so that it can be interpreted reliably by a wide variety of users and types of assistive technologies. As technologies evolve, code and content should remain accessible for users of common and current assistive devices and tools.
While there are currently no federal guidelines that define the web accessibility standards for private companies in the U.S., the WCAG is regularly cited by courts that hear cases on this topic. WCAG is considered the global gold standard for web accessibility, so even though WCAG conformance is not a law, following WCAG standards is the most effective way to achieve web accessibility and comply with certain legal mandates.
The guidelines are quite comprehensive and include requirements such as providing text alternatives for non-text content, including captions for live video, and giving the option for text to be resized to 200% without loss of content or function. To conform with WCAG guidelines, websites must provide accessible alternatives for accessing content. For example, if a website is not fully accessible, it should offer an alternative means of access, such as a staffed telephone line, to ensure that individuals with disabilities can still obtain the information or services they need. Gorecki v. Dave & Buster’s, Inc., 2017 U.S. Dist. LEXIS 187208, Price v. City of Ocala, 375 F. Supp. 3d 1264.
Legal cases have shown that courts expect websites to be accessible to screen readers and other assistive technologies. For instance, in Hernandez v. Carved, LLC, the court required the defendant to modify their website to conform to WCAG 2.0 to ensure accessibility for persons who are blind or legally blind. 2024 U.S. Dist. LEXIS 41766. Similarly, in Robles v. Domino’s Pizza, LLC, the court emphasized that the ADA applies to websites and that businesses must ensure their websites are accessible, even in the absence of specific regulatory guidance from the DOJ. 913 F.3d 898.
If a business’s website is not ADA compliant, the business can face a number of penalties including fines, lawsuits, and reputational damages. Under applicable federal law, businesses can be fined up to $75,000 for a first violation and $150,000 for subsequent violations, however, historically the federal government has not imposed fines for ADA website violations. Oftentimes the harshest penalties come from individuals and groups that file lawsuits against businesses for ADA website violations. If such a lawsuit is successful, the court may award damages to the individual with disabilities, require the website owner to make corrective measures, or issue equitable relief. Businesses may also incur reputational damages for being inaccessible to disabled persons, which may ultimately result in lost revenue.
To maintain ADA compliance, websites should adhere to WCAG guidelines, provide accessible alternatives if full compliance is not possible, and ensure that their content is accessible to assistive technologies. This approach not only meets legal requirements but also ensures that individuals with disabilities have equal access to online information and services. Prior to achieving WCAG compliance, businesses should consider incorporating a Compliance Statement or Accessibility Statement, providing an alternative method for accessing the goods and services available on the website.
If you have questions about the Americans with Disabilities Act and how it affects your website, contact our business practice group.