accessiBe one of the quickest and simplest ways to identify accessibility issues on your site, ensuring you’re compliant globally. AccessiBe’s AI analyzes and scans websites using contextual understanding and recognition.
ADA compliance is the legal responsibility of certain businesses to be accessible to the disabled, by complying with the Americans with Disabilities Act of 1990 (the “ADA”).
Before websites became widely used around 1995, this meant creating physical accessibility, for example, installing accessible parking spaces and building ramps. But more recently, many courts have agreed that the law requires accessibility on websites, so that commercial websites can be used by blind and visually impaired people, and others with applicable disabilities.
The ADA is a landmark civil rights law that prohibits discrimination based on disability.
Think of the ADA as making discrimination against the disabled illegal, much like the Civil Rights Act of 1964 made it illegal to discriminate against other protected classes, like racial and religious minorities.
The ADA consists of three parts (or in legal language, three “titles”). Title I prohibits discrimination in the workplace. Title II prohibits discrimination by the government. Title III prohibits discrimination by private businesses. Here, we are dealing with Title III.
Simply put, Title III of the ADA prohibits discrimination against the disabled by certain private businesses. Discrimination in this sense does not need to be intentional or willful. A failure to comply with ADA standards is by itself considered discrimination.
Title III applies to various types of businesses, including lodging, restaurants, entertainment venues, stores, service establishments, transportation facilities, educational institutions, social service centers, and recreational facilities. There are exceptions, such as religious organizations and private clubs. State laws may differ in terms of damages sought in ADA lawsuits.
The letter clearly states: “The Department first articulated its interpretation that the ADA applies to public accommodations’ websites over 20 years ago. This interpretation is consistent with the ADA’s…requirement that the goods, services, privileges, or activities provided by places of public accommodation be equally accessible to people with disabilities.”
So even though the DOJ has not yet authored specific regulations implementing the ADA for websites (like it has done for physical buildings), its position – like the opinions of many federal judges throughout the country – appears to be that the law does apply to websites operated by places of public accommodation.
ADA website compliance cases continue to roll in daily, but let’s look at some well-known examples.
In Robles v. Domino’s Pizza Inc., the pizza delivery giant was found to be subject to Title III on their website and mobile applications.
Other companies like Netflix, Amazon, and even superstar Beyonce have all spent untold amounts of money on legal fees to deal with digital accessibility lawsuits.
Companies whose websites fail to become compatible with screen reading software and therefore inclusive of the blind and visually impaired and other disabilities, risk being sued at any time, possibly far from their physical locations, without any notice whatsoever.
The law firms who file these cases can choose the jurisdiction in which to file their lawsuit, and not surprisingly, tend to file lawsuits for plaintiffs who live in plaintiff-friendly jurisdictions.
Settlements following a website accessibility demand letter or lawsuit can in general range from $5000 to $20,000, although the amount can change based on the lawyer, plaintiff, and jurisdiction involved.
This does not include the cost of a business’ own experienced ADA defense lawyer, to negotiate a settlement and defend you, either in court or against a lawyer threatening to sue you.
Are you an easy target for these lawsuits? If you’ve never heard of ADA compliance lawsuits, or never taken action to make your business website ADA compliant, then the answer is probably “yes.”
Now that you have a basic understanding of ADA website accessibility, it’s time to get technical.
The “places of public accommodation” listed within the ADA itself are, at first glance, physical places: Theaters, museums, restaurants, etc.
Congress required the DOJ to issue regulations explaining what business owners must do to comply with the ADA. The DOJ issued the Americans with Disabilities Act Accessibility Guidelines (the “ADAAG”), which explains how to comply.
When a restaurant, theater or other physical business is designed or modified, the architect or contractor builds parking spaces, ramps, bathrooms, counterspace, and other building elements that follow the ADAAG, and therefore comply with the ADA. For example:
ADAAG compliant ramp
And an accessible bathroom
But the internet is different.
A person who needs a wheelchair can often use the internet just like an able-bodied person does.
Just because the ADAAG does not regulate websites, that does not mean that websites are not covered by the ADA. The ADA states as a general rule 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 . . .”
Many courts have interpreted these general non-discrimination provisions of the ADA to require that places of public accommodation must have accessible websites.
Think about how you interact with the internet.
You use your eyes to view the screen. People who have visual impairments need assistance accessing your website. These include:
You use your ears to hear videos and audio. People with auditory impairments need assistance accessing your website. These include people who are hard of hearing.
You use your fingers to type. People with physical impairments need assistance accessing your website. These include people who are differently-abled and use different devices to type.
You use your cognitive processes to understand the information that is displayed on the screen. People with cognitive impairments need assistance accessing your website. These include people who have seizures, ADHD, and other forms of cognitive disabilities
All of these disabilities should be considered to create an inclusive online experience, but by far, the issue that results in almost all ADA lawsuits is accessibility for the blind and visually impaired.
This includes not only perceiving the screen, but also the functionality of the shopping cart and payment pages.
Though not officially the standard (as discussed above, there are no official regulations yet), the Web Content Accessibility Guidelines (WCAG) 2.0 level AA has been cited by the DOJ, judges, and others, as the web accessibility standard to follow to become ADA compliant.
Unless and until official regulations exist, it seems unlikely that a WCAG 2.0 level AA-compliant site would be found noncompliant with the ADA, which means that such websites are much less likely to be targeted by ADA compliance lawsuits.
The WCAG is a series of guidelines that provide information about web accessibility.
The guidelines (reaching a staggering 80+ page count) give site owners clear instructions toward making their website accessible to people with disabilities.
Technically, it’s not a legal requirement to follow the WCAG guidelines, but they heavily influence ADA litigation and are often considered to be de facto-compliant with ADA standards.
WCAG’s guidelines can be complicated at first glance. When broken down and put very simply, the requirements are solved by performing a few basic actions.
Let’s take a closer look.
An accessibility interface allows visitors to adjust the website’s design and user interface elements to fit their individual needs or disability. Example use cases of an accessibility interface include:
Visually impaired users use screen readers to better understand the content on a site. For screen readers to work on your site, adding text alternatives to non-text elements is important.
This is because images and other media help tell a story on your site.
For example, some images might explain places and things, display your product, or contribute to your website content’s overall contextualization and understanding.
Adding alt tags to your images and text transcripts to video files makes those elements easier to understand.
Clearly labeling your forms and any input fields works hand-in-hand with screen readers.
For example, the alternative text for the above image should say something along these lines: A woman holding a blue bag with bird and flower patches served as ornaments. The bag is on sale, 30% discount.
Since not every user who comes to your website has full motor function, it’s essential to evaluate your site’s layout and navigation functionality.
Those with motor impairments deserve equal access to navigating the internet, including your website. Certain navigational tools can be implemented to allow for ease of movement. These include:
Other steps that you can take to make your site easier to use are:
While there are a number of tools you can use to ensure your site complies with ADA requirements, there are two that come highly recommended:
accessiBe one of the quickest and simplest ways to identify accessibility issues on your site, ensuring you’re compliant globally. AccessiBe’s AI analyzes and scans websites using contextual understanding and recognition.
This automated, AI-powered solution is another firm favorite among businesses of all sizes. Like many other of the top tools, UserWay ensures your site is ADA Title 3, Section 508, and WCAG 2.1 compliant. This tool is also capable of helping you generate an accessibility statement.
Learn where your business is vulnerable and what you will need to change to meet ADA Title III regulations.
If it turns out that your website has accessibility issues, the good news is now you know about them! Our checker also tells you exactly how to fix each problem.
Scan your website for accessibility related issues for free
Thanks to technological advancements, achieving ADA Title III compliance has never been easier.
Thankfully, your business’s compliance journey will open your business to an entirely new world of users, innovative practices, opportunities, and more, all while protecting you from possible ADA compliance lawsuits.
So what are you waiting for?
To be ADA compliant is the legal responsibility of certain businesses to be accessible to the disabled, by complying with the American Disabilities Act of 1990 (the “ADA”).
Signed into law in 1990 by former President George Bush, the ADA (Americans with Disabilities Act) has officially been around for over 30 years. The act aims to increase access and opportunities for people living with disabilities across their personal and professional lives.
To apply for ADA protection, you need to prove that you have an impairment that would limit or restrict you from performing day-to-day activities. In terms of job discrimination, employees need to be qualified to perform specific duties or functions to benefit from ADA protection.
Wow! Just realized that my website has only 24% accessibility. Great article and advices. Thanks!
Thanks Ivanka. We hope our checker helped you find where you are vulnerable and how to fix it. Good luck on your digital accessibility journey!
A very intuitive and helpful guide!
Thank you very much for the kind words
Thank you for this article. My Web Design and UX students will be doing an assignment based on the info here. I’m hoping to teach a new wave of web designers who care about the accessibility of their sites!
Thank you very much Rachel and good luck!
This was a very informative blog and I really enjoyed reading it.
The evolution of the internet has shifted the relationship between publishers and consumers to a new level and by seeing the growth of websites and their users across the globe, webmasters need to make their services accessible to their consumers.
Thank you Julia, I think you are right and webmasters should pay attention to it a lot more than they are now! That is what we are here for!
Great job on putting together such a thorough and useful guide!
Thank you very much Ethan!