Wayfair, one of the internet’s leading retailers of home goods and furniture, is facing a lawsuit for alleged violations of the Americans with Disabilities Act (ADA).
Plaintiff Seana Cromitie, who is legally blind and uses a screen reader, filed the class action lawsuit in New York federal court on June 18, 2023. Cromitie claims that Wayfair’s website contains a number of barriers that prevent screen reader users from enjoying equal access to the company’s services.
This isn’t the first time that the eCommerce giant has faced complaints under the ADA: In 2019, a separate plaintiff alleged that Wayfair was inaccessible to people with hearing disabilities (PDF). That case was resolved in April 2020.
Cromitie’s lawsuit is part of a growing wave of web accessibility litigation filed under the ADA. Below, we’ll discuss the plaintiff’s allegations — and provide tips for avoiding (and responding to) ADA demands.
Most websites have serious issues that impact accessibility, which opens the door for potential litigation.
In their annual analysis of the top 1 million website home pages, WebAIM (Web Accessibility In Mind) found that 96.3% of home pages had detectable failures of the Web Content Accessibility Guidelines (WCAG).
WCAG is the consensus international standard for digital accessibility. However, Title III of the ADA does not explicitly require compliance with WCAG.
And while the Justice Department recommends testing content against WCAG’s Level A/AA criteria, the Department’s official guidance notes that “businesses and state and local governments can currently choose how they will ensure that the programs, services, and goods they provide online are accessible to people with disabilities.”
Nevertheless, WCAG is an essential resource for finding and fixing accessibility barriers. The class action complaint cites several specific issues with Wayfair’s website, which are addressed in WCAG:
Unfortunately, these types of issues are extremely common: WebAIM’s 2023 analysis found that 58.2% of homepages had missing alt text for images, while 50.1% had empty links.
Related: The 5 Most Common Website Accessibility Issues (And How To Fix Them)
Adding alternative text to an image takes a few seconds; removing a broken hyperlink takes even less time.
But when businesses ignore accessibility, their accessibility debt grows. Remediating thousands of issues on a major ecommerce website will require substantial investment, while building for accessibility will cost much less over time.
And while Wayfair is a major retailer, small businesses are also covered by Title III of the ADA — they have a responsibility to provide digital content that works for all users. Over the past several years, small businesses have been frequent targets for ADA lawsuits, and many plaintiffs allege the same types of issues cited in the Wayfair class action case.
Related: Do Small Businesses Need to Worry About Web Accessibility?
To reduce legal risks and provide the best possible user experience, businesses should take action:
The Bureau of Internet Accessibility’s free automated website analysis provides a quick way to find common WCAG Level A/AA failures. We also provide on-site training, self-paced training, guided remediations, and other services to help organizations of all sizes reach their accessibility goals.
For free resources, visit our Compliance Roadmap or send us a message to connect with an expert.