United States: The Internet Meets The ADA

The Internet Meets The ADA

Since Congress enacted the Americans With Disabilities Act (the "ADA") in 1990, traditional businesses have taken rigorous steps to ensure that disabled persons have full access to offices, commercial establishments, and other public places. Despite the public's increasing reliance on the Internet for information, goods, and services, few businesses apply the requirements of the ADA and similar laws to their Internet sites.

The ADA provides that "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 public accommodation." A common misperception of laws designed to protect disabled persons from discrimination, like the ADA, is that they require businesses to make reasonable accommodations to provide disabled persons with access to only physical structures.

The applicability of the ADA to Internet sites was the subject of a recent lawsuit against America Online, Inc. ("AOL"), the nation's largest Internet service provider. In November 1999, the National Federation for the Blind (the "NFB") filed suit against AOL in federal court, alleging that AOL violated the ADA by failing to make the software needed to access AOL's products compatible with the software required to translate computer signals into Braille or synthesized speech. The NFB argued that requiring AOL's software to be compatible with screen-readers was similar to requiring a bookstore to provide wheelchair ramps and accessible restrooms for disabled patrons. As part of a settlement agreement, AOL agreed to alter its software to ensure that blind individuals enjoyed equal access to AOL's Internet services, chat rooms, and e-mail programs. This settlement agreement strongly suggests that the ADA applies to the distribution of goods and services via the Internet.

Congress has also recently enacted specific measures designed to provide disabled persons with full access to electronic technology. For instance, Section 508 of the Rehabilitation Act Amendments of 1998 provides two new requirements for federal agencies that develop and maintain Internet sites. Section 508 requires federal agencies that develop, procure, or maintain "electronic and information technology" to make such technology accessible to federal employees with disabilities. Section 508 also mandates that federal agencies provide disabled persons with equal access to any services or information that the agency offers electronically.

The Access Board (the "Board"), an independent federal agency, is charged with issuing standards for accessibility in accordance with Section 508's requirements. For more information about the Board, including accessibility guidelines and a list of frequently asked questions, visit http://www.access-board.gov. Although the law does not cover private-sector Internet sites, Section 508 does in some instances apply to private firms that provide services to the federal government. For example, if a federal agency contracted with an outside consultant to gather data and publish its findings on an Internet site, the site would be subject to Section 508. Section 508 would not apply, however, to the consultant's general Internet site or any portion of a site not dedicated to the government study.

To limit liability under federal and state anti-discrimination statutes, a prudent business must consider ADA requirements when designing or maintaining Internet sites. First, businesses should broadly interpret the meanings of "disability" and "reasonable accommodation" in order to make Internet sites as accessible as possible. Specifically, Internet site providers should allow at least two methods of output interaction, such as traditional visual interaction and screen-reading technology for visually impaired persons. Internet sites should also provide at least two methods of input interaction, including keyboard, mouse, and even voice-activated means. To accommodate persons with learning or motor disabilities, Internet sites should allow a user to suspend or extend the time permitted to complete transactions. Lastly, Internet sites should provide different methods for a user to achieve results within the site. Ensuring that your Internet site is accessible to the disabled is an important first step in limiting liability under federal and state anti-discrimination laws.