How to Achieve ADA Compliance in California

California is the largest state in the United States with a population of almost 40 million. Aside from this, it’s also known as the state with the toughest laws.

For instance, California’s gun law is one of the country’s strictest gun laws. The state also has the strictest online privacy law.

That said, Web accessibility in California is no different and lawsuits are on the rise.

So, if you own a website or sell to residents from California, it’s important to ensure that your website is accessible to everyone. The way to become accessible is to follow the WCAG guidelines at level AA.

You can start with a free website scan that takes less than 15 seconds (in most cases)

Background of ADA Compliance in California

As mentioned, California is a hot spot for lawsuits related to ADA compliance for websites because the state has civil rights acts that align with the ADA.

In this section, we’ll dive deeper into ADA compliance California.

ADA Lawsuit Rates in California

Between 2017 and 2019, there was a staggering 177% rise in ADA lawsuits across the country.web

Statistics also showed an increase in lawsuits in 2020 despite the COVID-19 pandemic. Specifically, lawsuits have increased by 12% from 2019.

Given the strict mandate in California, many individuals, businesses, and brands have had to face ADA compliance California lawsuits. In 2020, the state recorded 223 ADA website compliance California lawsuits.

While these are a lot less than New York, these numbers don’t include demand letters that reach court.

California AB 434 and the WCAG Guidelines

ADA website compliance California AB 434 requires all state agencies in California to ensure that their websites conform to Level AA standards of WCAG 2.0. This also include contractors working for these agencies.

The level AA standards of the WCAG 2.0 have four criteria:

Additionally, California state agencies must display a signed certification on their homepages to conform to Level AA of WCAG 2.0.
You can check where your website stands and if it conforms to WCAG 2.0 for free

The Unruh Act

In addition to ADA compliance California, there is another law to protect differently-abled people – the Unruh Act.

Officially known as the California Civil Code section 5, the Unruh act is the law that prohibits discrimination from business establishments. It was enacted in 1959 and was later amended in 1992 to apply to persons with disabilities.

Because of the Unruh Act, the violation of ADA is a violation of the Unruh Act. That said, any website that is not ADA-compliant will violate federal law and the Unruh act.

If you win your lawsuit, you’re entitled to up to 3x the actual damages and at least $4,000 in statutory damages. Additionally, these damages include emotional distress.

On the other hand, plaintiffs are only entitled to attorney’s fees and injunctive relief under the ADA. Meaning that it’s more lucrative to file accessibility claims in California because the penalties are higher.

California Consumer Privacy Act

CCPA is another law related to accessibility. The CCPA requires that businesses give their customers the right to know how they use their personal information.

These include details like email and shopping history. Though CCPA mainly focuses on consumer rights, notices, and processes, businesses often ignore accessibility requirements.

A clause in the Act requires business privacy policies to be “reasonably accessible” to people with disabilities. Moreover, they should conform to WCAG 2.1 Level AA.

Risk and Benefits of California Website Accessibility Compliance and Non-Compliance

ADA non-compliance in other states requires you to pay attorney’s fees. However, a violation of the Unruh Act can result in a minimum of $4,000 in damages.

On the other hand, you can benefit if your website complies with all accessibility standards. For instance, there is less legal risk associated with meeting Unrah website compliance.

Additionally, there’s the prospect of reaching a larger audience. Not only that, but you also help differently-abled people by providing a great user experience.

How to Know if Your Website Meets California Accessibility Standards

As a website owner, you must expect that at least one of your visitors might have a disability.

There are several ways to find out whether you website is ADA compliant:

To Wrap Up!

California is a state that places great importance on accessibility requirements. Because of this, they’ll hold you accountable if you’re not interested in adopting these standards on your site.

Making your website ADA compliant and following WCAG guidelines is beneficial for businesses and individuals.

It can increase your number of prospective clients and visitors and also enhance your brand value. Most importantly, it can save you from expensive lawsuits.

It’s important to take all the necessary actions to make your website ADA compliant to avoid any issues. You can begin by conducting an audit of your website on Accessibility Checker.

If you found this article on website ADA compliance California insightful, we recommend checking out our other posts on ADA compliance.

• Learn How To Make Your Squarespace Website Accessible And ADA Compliant
• Top 4 Accessibility Plugins For Your Website
• A Step by Step Guide To Make Your Wix Website Accessible And ADA Compliant

Frequently Asked Questions