For most people, the Americans with Disabilities Act (ADA) conjures up pictures of physical accommodations such as wheelchair ramps near building entrances, handicapped parking spaces, and the use of braille writing on signs and placards. These measures have been tremendously valuable in helping the 56.7 million Americans with a disability function and thrive within society.
As technology occupies an increasingly large role in everyday life, however, it’s clear that the protections of the ADA need to extend into online spaces as well.
Why Is ADA Compliance Important for Websites?
Because of this, among the greatest drivers of website accessibility are usability improvements and the reputation boost that it brings—or, alternatively, the lost business that organizations want to avoid as a result of inaccessible websites. According to a survey by the National Business Disability Council at the Viscardi Center, 91 percent of customers say that they’d prefer to shop at a website that prioritizes accessibility.
Does Your Website Need to Be ADA-Compliant?
Under Title III of the ADA, “places of public accommodation” such as restaurants, hotels, schools, and doctors’ offices must take strides to offer their goods and services to people with disabilities. What about websites?
“The idea of equal access, equal opportunity has sort of evolved in its application from brick and mortar to eCommerce. At first, many companies were worried about the desktop experience. Now, the concern extends to both smart phones and devices. Wherever a consumer accesses your content – whether it be directly through the web or an app – you need to be concerned about accessibility.”
Web Accessibility and the Law Interview:
Christian Antkowiak, a shareholder at Buchanan Ingersoll Rooney
Courts have taken essentially the following position on the issue of whether websites are places of public accommodation: Website accessibility fulfills the spirit of the ADA by lowering the barriers for people with disabilities to participate in business and commerce. As such, commercial websites need to comply with ADA regulations. Judges have reached this conclusion in several high-profile cases, such as the National Federation of the Blind’s lawsuit against the Scribd digital library. As a result of this case, Scribd agreed to redesign its website to work with screen reader software by the end of 2017.
In recent cases, the U.S. Department of Justice has repeatedly sided with plaintiffs arguing that a private company’s website needs to be accessible, despite any other mitigating factors. One thing is for certain, however: The number of federal lawsuits alleging violations of the ADA is currently accelerating at a rapid pace. Between January and August 2017, there were 432 ADA lawsuits filed in federal court—more than the total number of ADA lawsuits in 2015 and 2016 combined.
In order to protect yourself from expensive, drawn-out litigation and better serve your entire customer base; it only makes sense to invest in website accessibility.
What Does ADA Compliance Mean for Websites?
The Department of Justice has repeatedly been involved in ADA cases where private companies agreed to comply with the WCAG 2.0 Level AA success criteria. The Web Content Accessibility Guidelines (WCAG) are website accessibility recommendations developed by the World Wide Web Consortium (W3C).
These recommendations are divided into three levels in increasing order of conformance: A, AA, and AAA. Level AAA applies only to certain criteria within the guidelines, so Level AA is currently the expected level of accessibility for websites.
Until the ADA is updated to address the special case of website accessibility, or the Department of Justice releases its website accessibility regulations, complying with WCAG 2.0 Level AA is the best way to ensure that people with disabilities have equal access to your website. The overview below is a great starting point about meeting the WCAG 2.0 Level AA recommendations.
WCAG 2.0 Level AA Accessibility Guidelines
The WCAG 2.0 guidelines are intended to address accessibility concerns for a variety of disabilities, from vision and hearing issues and learning disabilities to movement disorders and photosensitivity. The guidelines are currently divided into four categories, each an adjective describing one of the objectives of website testing.
With so many WCAG 2.0 guidelines to follow, it’s clear that website accessibility is a journey, not a destination. Once you’ve started the testing process, you will need input from testing by people with disabilities who can highlight important issues that you may have overlooked during development is critical.
At the Bureau of Internet Accessibility, we offer a free graded report of your website accessibility. Get an obligation free automated WCAG 2.0 scan of your website.
If you would prefer to speak with our team directly, please feel free to email us or call us at, 401-830-0075, we would love to hear from you!
Additional Resources You May Be Interested In:
Are You At Risk? Take Our Web Accessibility Quiz
Download Our Website Accessibility Checklist
Get A Free Automated WCAG 2.0 Scan Of Your Website