While the ADA was approved before internet businesses came to the picture, many courts have interpreted the term “public accommodation” in the act’s Title III to encompass Internet companies. But there are no set rules to this day that clearly states which type of companies must abide to make their websites accessible.

There’s also a lot of confusion when it comes to what is the right way of making a website accessible. You may find yourself making a decision about using certain color combinations, or using text format compatible with text-reading software, but the problem with this is that you may be including a group of people with disabilities while leaving out another.

While websites are considered to be included in ADA compliance, having no set rules or updated laws surrounding ADA compliance, it’s hard to judge whether a site is ADA compliant or not.

Until now, Web accessibility lawsuits have concerned the vision- and hearing-impaired, but, by not having a clear set of rules, future cases could be brought on behalf of plaintiffs diagnosed with dyslexia, ADD/ADHD, narcolepsy, cognitive impairments, paralysis and many other conditions.

While public areas and public bathrooms must legally accommodate everyone with disabilities, website accessibility is not required by law on anything but government-managed websites. Having said that, non-government websites receive ADA lawsuits as they are becoming more common, with more than 26,000 new claims filed against employers each year.

The ADA states: “The Americans with Disabilities Act (ADA) (…) generally require that state and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden.” – 28 C.F.R. §§ 35.149, 2 35.164
(You can read all the ADA information and suggestions here )

If you find yourself threatened by a lawsuit, be sure to evaluate the complaint and assess your website for any ADA violations. Please notice that by having no set regulations, scams are common. If the settlement money seems too good to be true, most likely it’s a scam.

Also, consult a lawyer. This is the fastest way to evaluate a lawsuit and see if it’s flawed. By consulting a lawyer you can make sure you won’t be getting anymore unfounded lawsuits so you can focus on running your company.

Your best option is to make your website compliant with the ADA, as it is required by law. And it is expected that this year, 2018, the Department of Justice will be providing actual regulations and guidance for businesses.

You’ll benefit by having complete accessibility, which means everyone can visit your website, read, learn and share your information in different ways.

Here’s a small list of what it takes for your website to be ADA compliant:

• Be read by text-reading technology
• Have all text applied to images that convey meaningful information.
• Headings must be presented in logical order.
• Presentation or feedback does not rely solely on color.
• Buttons and links are clearly and logically named.
• Elements receiving focus do not change layout in a substantial way.
• Invalid form input is identified to the user.
• Text on pages can be resized to 200% while still maintaining form.
• Pages on the site can be accessed in multiple ways.
• Keyboard focus is visible and clear.

This is just to have an idea of what you need in your website to meet the ADA and WCAG 2.0 standards.
The compliance problem is that if one person doesn’t find your website accessible, you could be facing a lawsuit, and the best ways to fight it is by preparing your website and make it ADA compliant.
We can discover accessibility issues on your website, implement fixes and maintain & monitor it on a daily basis making sure everything works to the highest standard; The gold standard.
If you don’t act today you may find yourself with an endless lawsuit in your hands, spending more than you can afford.
Contact us today for an evaluation and get complete peace of mind by leaving your accessibility compliance issues with our team of experts. We will help you with everything you need to keep your business safe and running.