Is your company's website accessible to individuals with disabilities? And is it legally required to be? These questions are becoming more important due to a rash of class action lawsuits alleging that companies' websites violate the Americans with Disabilities Act (ADA) and similar state statues.
The past few years have seen a rise in actual and threatened lawsuits alleging that websites fail to accommodate individuals who have visual or hearing impairments or physical disabilities affecting their manual dexterity. Targets of litigation and threatened litigation include companies operating in the retail, e-commerce, financial services, technology, and other industries. The Department of Justice (DOJ) has also announced settlements of enforcement actions under the ADA regarding websites and mobile apps.
Adding to the uncertainty, the DOJ has delayed issuing guidance on website accessibility until 2018. However, the DOJ has referenced the Web Content Accessibility Guidelines (WCAG), which are issued by the Web Accessibility Initiative of the World Wide Web Consortium and considered the current best practices. Businesses concerned about their website's accessibility may wish to review and implement the WCAG's "four principals":
- Perceivable
- Providing text alternatives for non-text content, such as large print, braille, speech, symbols or simpler language.
- Creating alternative (e.g., simpler) content presentation without losing information or structure.
- Making it easier for users to see and hear content.
- Operable
- Making all functionality available from a keyboard.
- Providing enough time to read and use content.
- Avoiding designing content in a way that causes seizures.
- Providing ways to help users navigate and find content.
- Understandable
- Making text readable and understandable.
- Designing web pages to appear and operate in a predictable manner.
- Helping users avoid and correct input mistakes.
- Robust
- Maximizing compatibility with current and future user agents, including assistive technologies.
The DOJ's 2018 guidance may help clarify what constitutes accessible website content and which websites are covered by the ADA. Until then, accessibility and coverage will be determined by the courts with mixed (and perhaps conflicting) results. Businesses wishing to implement "a good defense" in the meantime should consult the WCAG and alert counsel if they receive a demand letter or complaint.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
