The ADA (Americans with Disabilities Act) requires that places of public accommodation, including websites, be accessible to individuals with disabilities. Yes, small businesses are increasingly being sued for having websites that are not ADA compliant. While the ADA does not specifically outline website compliance requirements, courts and legal precedent often interpret it to include websites, especially if they are tied to a physical business location or operate as a public service.
Dominos learned this the hard way after a judge ruled in 2021 that Domino’s legally violated the Americans with Disabilities Act due to its website not being fully accessible to a blind customer. Since then, businesses across the USA have seen an increase in lawsuits for ADA non-compliance, including one of iMi’s own Colorado clients in 2024. Learn what to watch out for, how to mitigate risk, who you can hire to help, and what it might cost.
The good news is making good faith efforts toward achieving website ADA compliance is currently more important than achieving full compliance. This can be done on any existing website often without requiring expensive rebuilds.
What is website ADA Compliance?
ADA compliance for websites refers to ensuring digital accessibility for individuals with disabilities, in accordance with the Americans with Disabilities Act (ADA). This involves designing websites to be navigable and usable by people with visual, hearing, cognitive, or physical impairments. Features like keyboard navigation, screen reader compatibility, captioned videos, and alt text for images help achieve compliance. The goal is to provide equal access to information and services, reducing barriers that might prevent users from fully engaging with online content.
While strict ADA compliance is not clearly defined by law yet, the ADA requires that businesses and organizations provide equal access to their goods and services, including for people with disabilities. This has generally been interpreted to apply to physical spaces (like stores, offices, and public facilities), but there’s growing recognition that it extends to digital spaces like websites. This means old, outdated websites can become a legal liability.
The good news is ADA compliance is not overly technical, but it is cumbersome and requires a diligent attention to detail. As of 2024, making a good-faith effort to achieve ADA compliance is generally considered more important than achieving perfect compliance, based on the current legal landscape in the U.S.
Legal Risk Mitigation
- Efforts are key: Courts and legal experts generally look favorably on businesses that make a good-faith effort to comply with ADA requirements, even if they haven’t fully implemented every accessibility feature. This includes taking reasonable steps like conducting audits, addressing known issues, and providing alternatives for users with disabilities.
- Lawsuits and settlements: Many ADA-related lawsuits focus on whether a business reasonably addressed accessibility concerns or ignored them entirely. Companies that can demonstrate they have made a genuine effort (such as hiring experts, conducting audits, or implementing accessibility features like alternative text, keyboard navigation, or captioning) are often better positioned to defend themselves in court or settle cases on more favorable terms.
iMi Web Designs can help you get the ADA compliance process started by implementing fundamentals, including for new & existing websites (no rebuilds required).
Key Facts About ADA Website Accessibility Lawsuits
- Increase in Lawsuits:
Over the past few years, lawsuits targeting non-compliant websites have risen significantly. Plaintiffs argue that these websites exclude individuals with disabilities, particularly those who are blind, visually impaired, or rely on screen readers. - Common Allegations:
• Websites lack alternative text for images.
• Poor keyboard navigation for users who cannot use a mouse.
• No captions for multimedia content.
• Incompatible with assistive technologies like screen readers.
• Poor color contrast or font choices making text unreadable. - Legal Basis:
• Title III of the ADA applies to businesses open to the public and has been interpreted by some courts to include websites as part of “public accommodations.”
• Some states, such as California and New York, have stricter digital accessibility requirements under local laws. - Small Businesses Are Targets:
• Plaintiffs often target small businesses because they are perceived as less likely to have robust legal defenses or resources for compliance.
• Industries such as retail, hospitality, healthcare, and education are frequent targets. - Resolution of Claims:
• Many cases settle out of court to avoid legal costs.
• Settlements often include requirements for accessibility improvements and monetary compensation.
Steps to Protect Your Business
- Audit Your Website:
•Use tools like WAVE, Lighthouse, or Siteimprove to assess your website for accessibility issues & know where you stand.
•Conduct manual checks or hire a professional for an in-depth audit.
•Avoid upselling websites claiming to automate the ADA audit process while offering paid “solutions”. - Follow WCAG Guidelines:
Aim to meet Web Content Accessibility Guidelines (WCAG) 2.1, preferably at Level AA compliance, which courts often reference. Key features include:
•Text alternatives for images.
•Keyboard navigability.
•Logical page structures (headings, labels).
•Resizable text and proper contrast ratios. - Add an Accessibility Statement:
Include an accessibility statement on your website explaining your commitment to accessibility and providing contact information for users who need assistance. - Work with Developers (like iMi):
Hire web developers who specialize in creating ADA-compliant websites or modifying existing ones. iMi Web Designs can help for much lower costs than niche specialists currently leveraging the budding market. - Train Your Team:
Educate employees on accessibility best practices to ensure ongoing compliance. - Consult a Legal Expert:
Speak with an attorney who specializes in ADA compliance to understand your obligations and risks.
Website ADA Compliance Prevention is Cost-Effective
Working toward making your website ADA-compliant is far less expensive than defending a lawsuit. It also broadens your audience by making your business accessible to everyone, including people with disabilities.
Would you like help identifying specific accessibility improvements for your website? Contact iMi Web Designs.