ADA-compliant websites: not only better for your customers, but better for your business
Is your website accessible? Discover the legal risks of neglecting ADA compliance
With online business on the rise, making sure your website follows the Americans with Disabilities Act (ADA) isn’t just a good idea—it’s the law. An accessible website helps both businesses and their customers by ensuring everyone can use your services. But if your site isn’t compliant, you could face serious legal trouble, including expensive lawsuits, damage to your reputation, and losing customers. So, how can businesses make sure they’re meeting these important requirements?
Understanding ADA compliance for websites
When it comes to a business’s website, ADA compliance basically means making sure the site is accessible to all users, including those with disabilities. This involves following the recommendations referenced by the U.S. Department of Justice (DOJ), primarily the Web Content Accessibility Guidelines (WCAG). These aim to remove common barriers for users and ensure that web content can be viewed, understood, and used by people with various disabilities.
What are some of the common elements of ADA compliance? Imagine you are sight-impaired and find it difficult to make out small pictures and icons on a website. This content will be more accessible if text alternatives are provided for non-text elements, allowing text-to-audio software to read a description of the picture or icon. Proper color contrast is another way to improve visibility.
Other guidelines include allowing for navigation through various methods, avoiding flashing colors or other content that could trigger seizures, and giving users enough time to interact with the site. Additionally, content should be robust, meaning it's compatible with various assistive technologies through proper coding and logical structure.
By ensuring your website follows these guidelines, you not only reduce legal risks but also create a more inclusive user experience that can contribute to your company’s success.
The legal consequences of ADA non-compliance
Having a non-compliant website can have serious legal consequences. One major risk is a lawsuit, as businesses can be sued under the Americans with Disabilities Act (ADA) if their websites are not accessible. In many cases, companies facing such lawsuits are required to settle, which can involve hefty costs.
Courts can also order businesses to make their websites accessible to people with disabilities. Aside from legal and financial consequences, having an inaccessible website can have a broader negative impact on a company. The negative publicity from such a situation can drive customers away and damage the brand’s reputation.
Title III and website accessibility
The legal basis for website accessibility can be found in Title III of the ADA, which says that all spaces serving the public must be accessible to individuals with disabilities. Supporters of website accessibility argue that websites should be treated as public facilities, given the important role they play nowadays in accessing information, goods and services. While some people have argued that the ADA does not specifically apply to online accessibility, courts have generally disagreed.
Several well-known businesses have had legal actions taken against them under the ADA mandate, including:
- Domino’s Pizza (2019): The Ninth Circuit ruled that Domino’s must make its website accessible.
- Target Corporation (2008): Target settled for $6 million and agreed to update its website.
What puts your website at risk for legal action?
There are several common accessibility issues that often lead to legal action. One major concern is the lack of text alternatives for images. When alt text is missing, users who rely on screen readers cannot access important content. Similarly, poor keyboard navigation can create barriers for users who depend on keyboards rather than a mouse. Inadequate contrast between text and background can also make content difficult to read for users with visual impairments. Additionally, non-descriptive links, such as those labeled "click here," can be confusing for screen reader users who rely on descriptive link text to understand the context.
There are certain other website features commonly targeted in lawsuits. For example, forms that lack proper labels or focus can be difficult to use. Videos without captions or transcripts are another frequent issue because they exclude users who are deaf or hard of hearing. Pop-ups that are unresponsive or difficult to close can also create additional barriers for users.
While any company could be sued for having an inaccessible website, businesses that offer public services online are generally at higher risk. Retailers, especially those running e-commerce sites, are often a target because they interact directly with consumers. Similarly, hotels and restaurants may face legal action if their booking systems or menu features are not accessible. Financial institutions, such as banks, are also vulnerable if their websites don’t meet accessibility standards.
What are the financial implications of an accessibility lawsuit?
An ADA lawsuit can be a big financial burden for businesses. Just defending against a lawsuit can cost thousands to hundreds of thousands of dollars, depending on how complicated and long the case is. To avoid drawn-out legal battles, many businesses choose to settle, with settlement amounts often ranging from tens of thousands to several million dollars.
While the ADA itself doesn’t include fines for private lawsuits, plaintiffs can recover their legal fees, and state laws might add extra damages. Small businesses have had to pay large fines and settlements, which can seriously impact their financial stability. According to Accessible.org, the average settlement cost is between $5,000 and $20,000, but some cases have seen much larger payouts.
Businesses like Distinctive Decor in Duncan and Blue Seven in Oklahoma City have also been sued for allegedly having inaccessible websites. This is part of a larger trend—over 4,000 digital accessibility lawsuits were filed in 2023 alone, according to UsableNet’s 2023 report. New York has seen a lot of these cases, with courts often siding with plaintiffs.
This rise in lawsuits shows how important it is for businesses to ensure their websites are ADA-compliant to avoid large financial consequences. It’s worthwhile for businesses to take a proactive approach by making their websites accessible and keeping them that way.
Avoid legal repercussions — make your website accessible
To reduce the risk of legal actions, businesses should take measures to make their websites more accessible. One of the first steps is to conduct regular audits using accessibility tools to identify and address any issues. This helps businesses detect and correct problems early. At Gravity Web Studio, we include a handy accessibility widget as a standard feature in all our website builds.
Implementing the Web Content Accessibility Guidelines (WCAG) 2.1 or later standards is another important step, as these guidelines provide a framework for making websites accessible to all users. Training your team on accessibility is the best way to ensure that everyone involved in website development and content creation understands and follows these guidelines.
Another useful measure can be hiring experts to perform accessibility audits. They will provide valuable insights and help ensure your website meets all necessary standards. Finally, getting certification from a recognized accessibility organization can demonstrate your commitment to compliance and help mitigate legal risks.
