Legal Compliance Archives- Page 9 of 10/Category

A Closer Look at Section 508
When we discuss web accessibility, Section 508 of the Rehabilitation Act often surfaces as a critical element. However, understanding its full scope and whether it applies to your website can be confusing. That’s why we want to clear the air. In this post, we will discuss everything you need to know about Section 508, from its latest revision to how it could impact your business.

What is Section 508?

In the early 1970s, American lawmakers started to become aware of the need for legislation that ensured accommodation for citizens with disabilities. The first federal law was the Rehabilitation Act of 1973.

This law was mainly concerned with how the government would support people with disabilities. It expanded approval for state vocational rehabilitation service grants, established federal accountability for research and training programs for those with disabilities, and designated government bodies, such as the Department of Health, Education, and Welfare, to coordinate disability programs.

However, it did not have anything to do with web accessibility issues. It wasn’t until the introduction of the Internet and the rise of digital services that made Section 508 a cornerstone of digital accessibility.

Section 508

In 1998, Congress revised the Rehabilitation Act of 1973 to include Section 508. Section 508 states that all federal agencies must make electronic and information technology (EIT) accessible to disabled employees and members of the public. The law applies to EIT’s development, procurement, maintenance, or use, including government websites, documents, software, and multimedia.

The Latest Revision

In March 2017, the United States Access Board revised Section 508’s accessibility requirements for information and communication technology(ICT). The update provides more specific definitions of accessibility for EIT, offering clear guidelines for developers and website owners to follow.

There are five significant changes to Section 508:
- Focus on Functionality: Organized by functionality instead of product type to keep pace with technological advances.
- WCAG Compliance: The 2017 update formally established the Web Content Accessibility Guidelines (WCAG) 2.0 as the accessibility framework for agencies. Federal websites are required to meet at least WCAG 2.1 Level A and AA compliance.
- Content Accessibility: All official agency content aimed at the general public, along with specific non-facing categories, must be accessible to those with disabilities.
- Synchronized Tools and Technology: All software and operating systems must be compatible with assistive technologies like screen readers.
- Expanded Marketplace: This combines chosen global standards such as WCAG 2.0 and aligns with the European Commission’s ICT Standards (EN 301 549) to broaden the range of accessibility solutions available.
How Does WCAG Affect Section 508?

As mentioned earlier, the latest revision of Section 508 aligns with WCAG 2.1. WCAG, or the Web Content Accessibility Guidelines, are the international standards for web accessibility developed by the World Wide Web Consortium (W3C).

So, in effect, WCAG informs the standards set forth by Section 508. WCAG is often considered the golden standard in web accessibility, and following its guidelines can be a big step toward achieving both Section 508 and ADA compliance.

How is Section 508 Different from the ADA?

The American with Disabilities Act (ADA), passed in 1990, prohibits discrimination against individuals with disabilities in all areas of public life. While Section 508 specifically deals with federal agencies, the ADA applies more broadly. It prohibits discrimination against people with disabilities in all places of public life. Title II of the ADA pertains to state and local government functions. At the same time, Title III involves private businesses and commercial entities operated by private entities.

Both acts relate to accessibility for people with disabilities but have significant differences.

Section 508

Section 508 is a set of rules that primarily apply to government entities. However, it also applies to organizations that receive federal funding. This means that government-supported institutions like museums, universities, medical centers, and programs partially federally funded must follow Section 508.

Section 508’s accessibility rules also extend to contractors or third-party workers who provide services to government bodies or federally funded organizations. Therefore, any digital platform or website associated with a federally funded entity and used by the public must meet Section 508 standards. Small businesses should consider this if they want to pursue government grants or contract work with federal agencies.

The ADA

Section 508 primarily concerns digital accessibility for federal agencies and federally funded organizations. In contrast, ADA has a broader reach, covering both physical and digital spaces across public and private sectors.

The ADA requires businesses to make accommodations for their employees and their customers so that those with a disability may not be excluded from participation in or denied services.

While court cases have interpreted the ADA to include websites as part of “public accommodations,” it does not provide specific technical guidelines like Section 508. Instead, a sharp increase in lawsuits over the last few years has confirmed that the ADA applies to websites and online applications just as much as to physical stores and offices. For example, in 2022, there were 2,387 web accessibility lawsuits filed in Federal Court and California State Court under the Unruh Act.

Does Section 508 Apply to My Business?

You might wonder if Section 508 applies to you if you’re a business owner. The answer largely depends on your business type. If you are a federal contractor, receive federal funding, or serve a federal agency, Section 508 compliance is mandatory. Consult with a legal expert to fully understand your obligations when in doubt.

If you’re not a federal agency and still want to make your website accessible, following Section 508 guidelines can be an excellent place to start. It’s always a good idea to strive for inclusivity in your business practices.

What’s the Risk of Non-Compliance?

Non-compliance with Section 508 can result in serious legal consequences.

Let’s take a look at some real-life examples:

NAD vs. Harvard and MIT

In 2015, the National Association of the Deaf (NAD) filed lawsuits against Harvard University and the Massachusetts Institution of Technology (MIT). The NAD argued that the universities failed to caption online course content, discriminating against people with hearing disabilities. Both universities settled, leading to more rigorous captioning commitments.

On November 8, 2019, the National Association of the Deaf (NAD) reached a settlement with Harvard University requiring high-quality captioning services for its publicly available online content. The settlement, memorialized in a class action consent decree, was approved by the Court on February 27, 2020. The Plaintiffs reached a similar settlement with MIT, which was approved on July 21, 2020.

NFB vs. Department of Education

Similarly, the National Federation of the Blind (NFB) filed a complaint against the United States Department of Education in 2009. The NFB claimed that one of the Department’s websites, called the U.S.A. Learns violated Section 508 because it’s inaccessible to those who rely on text-to-speech technology or Braille displays to access information.

The U.S.A. Learns, a free English-language learning website operated by the Department of Education, underscores the requirement for any government-funded online platform to comply with Section 508.

These cases highlight that non-compliance can result in time-consuming litigation, financial penalties, and damage to reputation. Prioritizing digital accessibility is critical for businesses and institutions, not only for legal compliance but also to ensure inclusiveness for all users.

Section 508 Compliance with 216digital

Understanding and implementing web accessibility guidelines, like those set out by Section 508 and WCAG, is essential for any business operating in the digital landscape today. Non-compliance can result in severe legal and financial consequences, as demonstrated by the real-life lawsuits against Harvard, MIT, and the Department of Education. But beyond compliance, embracing web accessibility is about inclusivity and fairness, ensuring all users, regardless of ability, have access to information and services.

That’s where 216digital comes into play. We understand that navigating the complex landscape of web accessibility can be daunting for businesses of all sizes. Our experienced team is equipped with in-depth knowledge of Section 508, WCAG, and ADA compliance. We offer comprehensive services to ensure your digital platforms are not only legally compliant but also inclusive and user-friendly for all users, regardless of ability.

By choosing to work with 216digital, you are not only safeguarding your business against potential legal repercussions but also championing digital inclusivity. Don’t wait until it’s too late – contact us today to ensure your website is accessible for everyone. Together, we can make the internet a more inclusive space.
Greg McNeil

July 13, 2023

Legal Compliance

Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
Can ADA Web Accessibility “Testers” Sue?
As a website owner, you’ve likely heard about web accessibility and the implications of the Americans with Disabilities Act (ADA) on your digital space. Web accessibility is an integral part of the digital world, aiming to ensure that everyone, including individuals with disabilities, can access and use web content effectively.

In recent years, there has been a surge in ADA web compliance lawsuits that could impact your website and business. One key issue is the debate over whether ADA web accessibility “testers” have the legal standing to sue. This article aims to elucidate this complex issue and help you understand how it may affect your business.

The Americans with Disabilities Act and Web Accessibility

The Americans with Disabilities Act (ADA), signed into law in 1990, prohibits discrimination against individuals with disabilities in all areas of public life. However, it was initially unclear whether this act extended to websites, as they were less prevalent when the act was passed.

With the advent of the digital era, courts have gradually expanded the ADA’s scope to include websites, considering them as ‘places of public accommodation.’ This interpretation implies that websites should be accessible to individuals with disabilities, including those who have visual, auditory, or motor impairments.

In 2022, the Department of Justice (DOJ) published guidance confirming that the ADA applies to business websites. Non-compliance could expose your business to the risk of legal action, including lawsuits and fines.

The Rise of ADA Web Compliance Lawsuits

Recently, lawsuits related to ADA web compliance have become increasingly common. Many businesses, both small and large, have faced legal challenges due to the lack of accessibility of their websites. In 2023 alone, federal and state courts dealt with 4,605 lawsuits related to web accessibility.

These lawsuits argue that inaccessible websites create a discriminatory environment, depriving people with disabilities of the same opportunities afforded to those without. While many of these lawsuits are initiated by individuals with disabilities, a new group known as “testers” has emerged as a significant force.

Learn more about What You Need to Know About ADA Web Accessibility Lawsuits.

What is an ADA Web Accessibility “Tester”?

An ADA web accessibility “tester” is an individual who checks websites for ADA compliance. Their primary goal is to identify ADA violations, not necessarily to use the services or products provided on the website.

These individuals, sometimes people with disabilities themselves or professionals in accessibility consulting, are equipped with the knowledge and tools to test whether a website complies with established accessibility standards, such as the Web Content Accessibility Guidelines (WCAG).

If the tester deems the website inaccessible, they may file a lawsuit against the business. Some view this role as essential for holding companies accountable, while others see it as an opportunity for lawsuit abuse and exploitation.

What Gives Someone Ground to Sue?

Under the United States Constitution, a party must have standing to sue. ‘Standing’ is a legal term that refers to a person’s ability to demonstrate a sufficient connection to and harm from the law or action being challenged, supporting that person’s participation in the case. This requirement implies the person must allege that they attempted to access the business but were unable to or were interested in doing so but could not due to the website’s non-compliance.

In ADA lawsuits, the person suing must show that they experienced discrimination due to the website’s non-compliance. The question of standing has been a significant point of contention, especially when it comes to testers.

Can someone who has no intention of using your services or buying your products sue you because your website is not accessible?

This question brings us to a landmark case in ADA web accessibility lawsuits – Acheson Hotels, LLC v. Deborah Laufer.

Acheson Hotels, LLC v. Deborah Laufer

In late March, the case of Acheson Hotels, LLC v. Deborah Laufer became a focal point in the discussion surrounding the ADA web accessibility testers’ right to sue.

Plaintiff Deborah Laufer, a self-proclaimed “tester,” has filed over 600 lawsuits alleging ADA web accessibility violations since 2018, primarily targeting the hospitality industry.

The lower courts initially dismissed Laufer’s case against Acheson Hotels, arguing that Laufer did not intend to visit the hotel and, therefore, had not suffered any injury. However, Laufer appealed the decision, asserting that she was indeed affected by being unable to access information on the hotel’s website due to her disability. Despite acknowledging her role as a tester, Laufer argues that her motive is irrelevant.

In their brief in opposition, Laufer’s counsel referred to the text of the ADA, writing, “[…] One can readily find that a disabled person’s encounter with violations of the ADA is a real-world harm by reviewing the plain language in the findings and purposes set forth by Congress.”

The First Circuit Court of Appeals agreed and reversed the initial decision, asserting that Laufer had standing.

Supreme Court Case Takes Unexpected Turn

On March 27, 2023, the Supreme Court agreed to hear a case, but the matter took an unexpected twist. Laufer’s attorney was suspended from practicing law for defrauding hotels by lying in fee petitions and during settlement negotiations. Consequently, Laufer voluntarily dropped her lawsuit, rendering it moot. In a unanimous decision, the Supreme Court agreed.

A lawsuit can become moot when its central conflict has been resolved, as was when Laufer withdrew her claim. While the Supreme Court frequently addresses issues of standing, the Court can still address issues of mootness and the cases standing in any order it chooses.

While this particular lawsuit was declared moot, the split among the circuits regarding tester standing is still “very much alive,” and it is open to ruling on this issue in future cases.

The Future of Web Accessibility

216digital is not a law firm; we cannot provide legal advice. However, as experts in web accessibility, we understand that significant Supreme Court cases often influence the accessibility landscape. Although the Court’s ruling in Acheson Hotels, LLC v. Laufer does not alter the law, it signals the Court’s willingness to address concerns regarding the legal standing of ADA testers.

This stance may dissuade some ADA testers from initiating lawsuits, particularly against well-defended, high-profile defendants. Yet, as we’ve emphasized in previous articles, the prevalence of serious accessibility barriers is not few and far between.

With the uptick in web accessibility lawsuits each year, prioritizing web accessibility has never been more crucial. To minimize potential legal risks, online businesses must monitor their website’s accessibility and collaborate with accessibility experts to adhere to the WCAG standards.

Steps Businesses Should Take to Ensure ADA Compliance

Considering current affairs, it’s crucial that businesses ensure their websites are ADA-compliant. Here are some steps to take:
1. Audit Your Website: Conduct a thorough website audit using ADA compliance tools or hire a professional.
2. Follow WCAG Guidelines: The Web Content Accessibility Guidelines are reliable recommendations for making your website accessible. Aim for WCAG 2.1 Level AA compliance, which covers a broad range of recommendations for making web content more accessible.
3. Regularly Update Your Website: Web accessibility is not a one-time task. Regularly review and update your website to ensure ongoing compliance as guidelines and technologies evolve.
4. Train Your Team: Ensure your team understands the importance of ADA compliance. Provide them with training on maintaining accessibility during website updates and content creation.
5. Regular Monitoring: Regularly monitor your website to ensure ongoing compliance.
6. Consult with an Expert: If in doubt, consult with a web accessibility expert or lawyer specializing in ADA compliance to fully understand your legal obligations and ensure you’re doing everything necessary to comply.
Learn more about Mitigating ADA Lawsuit Risk: Affordable Solutions for Online Business.

Protect Your Online Business

ADA and web accessibility are crucial considerations for all website owners. The debate over whether ADA web accessibility “testers” can sue carries potentially significant implications. Regardless of the outcome, businesses need to strive towards full ADA compliance to avoid lawsuits and ensure a better, more inclusive user experience for all.

Find out if your website is ADA compliant today by scheduling a 15-minute complimentary website audit and consultation with our experts at 216digital. We can help determine if your website is at risk of a lawsuit and offer fast, effective ADA compliance solutions. This ensures your site is accessible to everyone, reducing your risk of litigation so you can continue focusing on what matters most: running your business.
Greg McNeil

July 10, 2023

Legal Compliance

Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
A Comprehensive Guide to ADA Web Compliance
As a business owner, you are likely aware that the Americans with Disabilities Act (ADA) is a federal law mandating inclusion for people with disabilities in all areas of public life. Did you know, however, that these protections also extend to websites? The number of website accessibility lawsuits has steadily risen — from 2,314 in 2018 to 4,061 in 2022.

But don’t worry. We’ve got you covered! In this guide, we’ll take a look at what you need to know as an online business owner about the ADA and its implications for your website, including:
What is the ADA?

The ADA, or the Americans with Disabilities Act, is a federal law that prohibits discrimination against people with disabilities in all areas of public life. The primary goal of this law is to ensure that people with disabilities have the same rights and opportunities as everyone else.

The ADA draws on the precedent set by Section 504 of the Rehabilitation Act, which guarantees certain rights to people with disabilities. However, the Rehabilitation Act was very limiting, only applying to the government sector (later amended and updated by Section 508).

What Does the ADA Cover?

ADA is a very broad piece of legislation that is divided into five titles. The part of the ADA that affects the way that businesses serve customers and employees is called “Title III.”

Title III of the ADA, which affects how businesses serve customers and employees, prohibits discrimination in “places of public accommodation.” These “public accommodations” refer to privately owned entities such as restaurants, schools, recreation facilities, and retail stores.

The ADA necessitates two main things:
1. Employers must provide necessary accommodations for employees with disabilities to perform their job duties, which may involve accessible restrooms and appropriate office equipment.
2. Businesses must ensure that their services are accessible to customers with disabilities. This requires features such as wheelchair ramps for building entrances, American Sign Language (ASL) interpretations, and accommodations for service animals.
Who Has To Be ADA Compliant?

There’s a common misconception that ADA only applies to large corporations or physical brick-and-mortar stores. Any business with 15 or more employees or any that operates publicly must comply with the ADA. However, this rule does not apply to websites—businesses of all sizes may be served with ADA non-compliance litigation.

That means that ADA affects:
- Places of entertainment such as theaters and concert halls
- Restaurants
- Retail stores
- Doctors’ offices
- State and local government offices, employment agencies, and labor unions
- Schools and daycare facilities
Is ADA Compliance Mandatory for Websites?

While it was clear from the beginning that the ADA would affect brick-and-mortar stores, it was less obvious if it would cover websites and online applications. As the internet and websites started to play a bigger role in how consumers interact with businesses, the way the ADA is applied to web accessibility had to change.

In 2010, the Department of Justice (DOJ) began rulemaking activity to assert that all business websites are “places of public accommodation” under Title III of the ADA. The final Notice of Proposed Rulemaking, however, has been postponed by the DOJ multiple times.

It wasn’t until late 2021 and early 2022 that the DOJ entered into multiple settlement agreements concerning the accessibility of websites used for COVID-19 vaccines. These emphasized that the DOJ “…has consistently maintained that the ADA’s requirements apply to all goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”

Today, US courts apply ADA accessibility requirements to all online domains, including websites and other web-based applications. Consequently, businesses should strive to comply with ADA rules.

How Does the ADA Assess Web Accessibility?

Due to the DOJ’s delay in releasing technical standards for web accessibility, confusion has emerged among businesses and website owners about what is required for ADA compliance. As a result, the DOJ often refers to the Web Content Accessibility Guidelines (WCAG), developed by the World Wide Web Consortium (W3C), as the standard for ADA web compliance.

WCAG 2.1 Level AA has become the benchmark for ADA web compliance, even referenced in many joint lawsuits with the DOJ. However, it is important to note that there is no legal standard— even achieving WCAG 2.1 AA conformance does not fully protect you from lawsuits.

WCAG 2.1 consists of 78 success criteria written as pass-or-fail statements that address common accessibility issues, such as miss or non-descriptive alternative text and keyboard navigation.

The Rise of ADA Web Compliance Lawsuits

An ADA web accessibility lawsuit can be filed by anyone who feels they have been discriminated against due to a website’s inaccessibility.

The ADA’s relevance to websites and online applications is more than just theoretical. Since 2017, ADA Title III related lawsuits have skyrocketed, with 2,314 lawsuits filed in 2018 and over 4,061 cases in 2022. Overall, web accessibility lawsuits have increased by 175% over the past five years. Furthermore, these figures don’t include the rising number of ADA legal complaints and ADA compliance demand letters sent to businesses with non-accessible websites.

In 2022, 1,500 demand letters were sent per week. This represents a steep incline in legal actions pursued following the notice of non-accessible websites on the internet.

As an online business or website owner, it’s critical to ensure your website is accessible to everyone, regardless of their disability. Doing so not only helps avoid legal action but also broadens your audience.

What Are the Most Common Accessibility Issues Cited In Legal Claims?

Most ADA website compliance lawsuits center around a few recurring issues, including:
1. Missing Image Descriptions or Alt Text: Images should have descriptive alt text that provides context or meaning for those who can’t see them.
2. Empty Links and Buttons: All links and buttons should have descriptive labels or text to inform users about their purpose.
3. Info and Content Structure: Information should be organized logically, and the content structure should be easily navigable by assistive technologies.
Why You Need to Take ADA Web Compliance Lawsuits Seriously

Web accessibility cases against large companies like Domino’s, Netflix, and H&R Block made headlines. However, most lawsuits are against small to medium-sized businesses. In 2022, 72% of ADA non-compliance lawsuits involved companies with less than $50 million in annual revenue.

These lawsuits can lead to stiff penalties. For example, businesses that violate Title III of the ADA may face a maximum civil penalty of $75,000 for a first violation. Subsequent violations have been seen with up to a $150,000 fine. Since the court would inevitably favor the plaintiff, small business owners often feel they have no choice but to settle out of court. But even the average ADA website lawsuit settlement still comes to $35,000.

The implications are clear: a non-accessible website is a significant liability for any company operating on the web today.

Find Out If Your Website is ADA Compliant

As a website owner, you must ensure your site is accessible to all, including those with disabilities. Understanding ADA Title III is a crucial step toward achieving this goal. Although the process may seem daunting, it’s a worthy investment that helps you avoid legal complications and improves your website’s usability and reach. So, why not start reviewing your website’s accessibility today?

Find out if your website is ADA compliant today by scheduling a 15-minute complimentary website audit and consultation with our experts at 216digital. We can help determine if your website is at risk of a lawsuit and offer fast, effective ADA compliance solutions. This ensures your site is accessible to everyone, reducing your risk of litigation so you can continue focusing on what matters most: running your business.
Greg McNeil

June 15, 2023

Legal Compliance

Accessibility, ADA Compliance, ADA non-compliance, ADA Website Compliance, Website Accessibility, Website Accessibility Tools
Mitigating ADA Lawsuit Risk: Affordable Solutions for Online Businesses
Are you worried about your ADA compliance as an online business owner or website manager? If so, you may be aware that many companies have faced lawsuits due to non-compliance with the Americans with Disabilities Act (ADA). These guidelines protect people with disabilities and provide barrier-free access to web content. Failing to comply with these guidelines could lead to costly legal battles. However, achieving full ADA compliance might appear daunting and costly.

The good news is that there are several steps you can take to mitigate the risk of an ADA lawsuit without breaking the bank. In this blog, we will discuss practical and budget-friendly solutions to enhance your website’s accessibility.

The Americans with Disabilities Act

The Americans with Disabilities Act is a civil law that protects the rights of people with disabilities in all areas of public life. While the ADA does not explicitly mention online content, the courts have clarified that the law does apply to websites, specifically Title III. Title III of the ADA prohibits the discrimination of those with disabilities in places of public accommodation.

In fact, in 2010, the Department of Justice (DOJ) stated that websites are public places subject to the ADA’s requirements. Unfortunately, this ruling has exposed millions of online businesses to the risk of a frivolous ADA lawsuit.

What is an ADA Web Accessibility Lawsuit?

An ADA Web Accessibility Lawsuit can be filed by anyone who feels that they have been discriminated against due to the inaccessibility of a website. The consequences of such a lawsuit can be severe, including hefty fines, legal fees, and damage to the business’s reputation.

In recent years, there has been an increase in lawsuits filed against website owners for failing to comply with ADA. In 2022, 2,387 web accessibility lawsuits were filed in Federal and California State Courts under the Unruh Act. However, 97% of demand letters are settled and never evolve into a case. This means plaintiffs sent more than 1,500 demand letters per week in 2022.

As an online business or website owner, it is essential to ensure your website is accessible to everyone, regardless of their disability. By doing so, you can not only avoid legal action but also open yourself up to a wider audience and improve the overall user experience for your customers.

How to Mitigate the Risk of a Website Accessibility Lawsuit

The best way to avoid an ADA lawsuit is to ensure your website is accessible to all users, including those with disabilities. You may not have the time or money to make your site fully compliant, but fear not! There are steps you can take to make your website more accessible:

Conduct a Self-Evaluation

The first step is understanding your website’s current level of accessibility. Conduct a self-evaluation of your website to identify areas where it may not comply with the ADA. This can involve using automated testing tools or manual testing with assistive technologies such as screen readers.

Many free tools are available online to help with this process, such as WAVE (Web Accessibility Evaluation Tool) and Google Lighthouse. These tools will generate reports highlighting areas of your website that need improvement, making it easier to prioritize the most critical issues.

Prioritize High-Impact Issues

Not all accessibility issues carry equal weight. To make the most of your limited time and resources, focus on the high-impact issues that will benefit the most users. These may include:
- Ensuring your website is keyboard-accessible
- Providing alternative text descriptions for images
- Offering clear and concise labels for forms and buttons
- Navigational menus and links
Addressing these areas will significantly improve the user experience for those with disabilities, reducing the likelihood of complaints and lawsuits.

Develop a Plan

Now that you’ve identified and prioritized your website’s accessibility barriers, develop a plan to address them. Break your plan into manageable steps, set realistic deadlines, and allocate resources accordingly. While it might not be possible to address all issues immediately, demonstrating a commitment to improving accessibility can help mitigate legal risks.

Add an Accessibility Statement and Contact Information

Include an accessibility statement to demonstrate your commitment to web accessibility. This can be an essential part of your defense in an ADA lawsuit. Your statement should include information about your commitment to accessibility, steps taken to improve accessibility, and how users can report issues or request accommodations.

Make sure your contact information is easily accessible on your website, allowing users with disabilities to reach out to you with concerns or suggestions.

Be Responsive to Complaints

Addressing accessibility complaints promptly and effectively can demonstrate your commitment to making your website more accessible. If a user reports an issue, take the time to understand their concerns and work to resolve the problem as quickly as possible. In addition, documenting your responsiveness to complaints can be invaluable in case of a legal challenge.

Keep an Eye on Updates

Web accessibility standards and best practices are constantly evolving. Stay informed about updates to the Web Content Accessibility Guidelines (WCAG) and other relevant resources, such as the ADA‘s website. Regularly reevaluate your website to ensure that it remains compliant with current standards.

Get an ADA Lawsuit Risk Audit

Finally, consider investing in a professional ADA lawsuit risk audit. While it may be an additional expense, a professional audit can provide valuable insights into your website’s accessibility status and potential legal risks. An audit can help identify areas that need improvement and provide guidance on how to address them.

Prevent an ADA Website Lawsuit

Achieving full ADA compliance can be challenging, especially for small businesses with limited time and resources. However, it’s essential to keep in mind that, even if you take these steps, it is still possible to be sued for having a website that is not fully compliant with the ADA. But, by taking these steps, you can demonstrate that you are taking the matter seriously and making a good-faith effort to comply with the law. Remember, the key is to be proactive, prioritize high-impact issues, and demonstrate a commitment to accessibility. By doing so, you’ll protect your business from legal exposure and create a more inclusive online experience for all users.

216digital Specializes in Web Accessibility

If you would like to learn more about your risk of an ADA lawsuit and the steps you can take to protect your website against frivolous ADA lawsuits, schedule a complementary ADA Strategy Briefing with 216digital.

216digital’s can let you know whether your website is at risk of an ADA lawsuit and provide professional services dedicated to ensuring your website stays off of the radar of predatory law firms so you can continue focusing on what matters most, running your business.
Greg McNeil

April 28, 2023

Legal Compliance

Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Web Accessibility, ADA Website Compliance, Website Accessibility
Facing an ADA Web Accessibility Lawsuit? Here’s What You Should Do

As an online business owner, the last thing you want is a lawsuit on your hands. Of course, you may have heard about the Americans with Disabilities Act (ADA) and how it affects your website. But what happens if you’re faced with an ADA web accessibility lawsuit? Don’t worry, we’ve got you covered! This article will guide you through the process, covering everything from consulting your attorney to negotiating a settlement.

What is an ADA Web Accessibility Lawsuit?

A web accessibility lawsuit is a legal action taken against a website owner for violating the ADA due to a lack of accessibility on a website. The ADA is a civil law that protects the rights of people with disabilities in all areas of public life.

While ADA law does not explicitly mention digital content, the courts have interpreted the law to also apply to websites — specifically, Title III. Title III prohibits the discrimination of those with disabilities in places of public accommodation. In 2010, the Department of Justice (DOJ) stated that websites are public places and are subject to the ADA’s requirements.

In recent years, there has been an increase in lawsuits filed against website owners for failing to comply with the ADA. In 2022, there were 2,387 web accessibility lawsuits filed in Federal and California State Courts under the Unruh Act. However, each year there are an untold number of demand letters issued by law firms threatening legal action. It is estimated the number of ADA lawsuits filed each year is only a small fraction of the demand letters sent.

So, what should you do if you receive a demand letter?

Do Not Ignore the Demand Letter

If you receive a demand letter regarding your website’s accessibility, it’s crucial not to ignore it. This letter is often the first step in an ADA lawsuit and gives you a chance to address the issue before things escalate.

Ignoring the letter could result in a lawsuit, potential fines, and damage to your business’s reputation. Instead, take this opportunity to address the issues mentioned in the letter and avoid further legal complications.

But what if it’s too late, and you have already received an ADA web accessibility lawsuit? How should you respond?

How to Respond to an ADA Website Lawsuit

Suppose you find yourself facing an ADA web accessibility lawsuit. In that case, it’s crucial to understand the steps you should take to protect your business and resolve the issue.

1. Consult an Attorney

If you receive a complaint alleging that your website does not comply with ADA web accessibility guidelines, the first thing you should do is consult an attorney. Find a lawyer experienced in ADA compliance to help you understand the lawsuit and determine the best course of action. Your attorney will review the complaint, determine its validity, and advise you on the necessary steps to address the issues raised.

2. Review and Answer the Complaint

After consulting with your attorney, you will need to review the complaint thoroughly. This includes understanding the specific accessibility barriers the plaintiff claims to have encountered on your website. Then, work with your attorney to craft a response to the complaint. Address each of the allegations in the complaint and provide any necessary evidence to support your case. It’s essential to respond promptly and professionally. Any delays or lack of cooperation may negatively impact your case.

3. Get a Website Audit

Now that you know what the issues are in the complaint, you need to determine if your website is truly non-compliant. The best way to do this is by getting a website audit. A web accessibility expert will evaluate your website, identify any issues, and provide recommendations on how to make it ADA-compliant.

4. Remediate the Website

Once you have identified the issues with your website, it’s time to remediate them. This means updating your website to meet the Web Content Accessibility Guidelines (WCAG) and addressing specific issues in the lawsuit. It’s crucial to work closely with your web developer and accessibility consultant to ensure all the changes are implemented correctly. Keep in mind that making your website accessible is an ongoing process. It’s essential to monitor and maintain your accessibility over time.

5. Communicate with the Plaintiff

Throughout this process, maintain open communication with the plaintiff. Keeping the lines of communication open will demonstrate your commitment to resolving the issue and may lead to a more favorable outcome. Be transparent about the steps you’re taking to make your website accessible. This can help establish goodwill and demonstrate your commitment to resolving the issue. In some cases, proactive communication may lead to a quicker and more favorable resolution.

6. Negotiate a Settlement

If appropriate, negotiate a settlement with the plaintiff to resolve the lawsuit. Work with your attorney to negotiate a fair and reasonable settlement that both parties find acceptable. This may include monetary compensation for the plaintiff, a commitment to make your website accessible, and an agreement to cover the plaintiff’s attorney’s fees.

Don’t Wait to Get Sued: Prevent an ADA Website Lawsuit

It’s important to note that it is always better to proactively make your website accessible to individuals with disabilities in order to avoid getting sued in the first place. If a lawsuit has already been filed, it’s essential to work quickly to come into compliance and to demonstrate a good faith effort to resolve the issue.

It’s also important to keep in mind that even if you make your website compliant, it doesn’t mean that you are protected from any future lawsuits, as the standards are constantly evolving, so it’s crucial to keep your website updated and accessible for all users.

Worried About a Web Accessibility Lawsuit

Developed from our experience completing over 300 ADA remediation projects, 216digital’s Phase I ADA Remediation is custom developed to chart the steps you can take to quickly put your company in a position of strength to settle your ADA lawsuit. Each Phase I ADA remediation project is custom developed incorporating ADA Phase I remediation plan, timeline, staff training, and ongoing monitoring services. To learn more about engaging the ADA experts from 216digital to develop and lead a Phase I remediation project as part of your ADA lawsuit defense strategy, schedule a complementary ADA Strategy Briefing.

Greg McNeil

April 10, 2023

Legal Compliance

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
Do PDFs Need To Be Web Accessible?
PDFs have become a content staple for online businesses. From brochures and forms to e-books and reports, everyone uses PDFs, and with good reason. They’re compatible with most online content and are the ideal way to share and view information online.

But have you ever considered how accessible these documents are for disabled users? Despite their many advantages, PDFs often remain a closed book for people with disabilities.

Read on to learn what an accessible PDF is, how it will benefit your online business, and how to make your PDF files accessible to everyone.

The Popularity of PDF Documents

It’s not surprising that PDFs are used so much in the workplace. They are the perfect medium for presenting different types of information in a single document. Text, photos, charts, logos, and other items become fixed in a PDF, so the end-user can’t delete or reorder page elements.

PDFs also preserve the original formatting, fonts, and layout across different devices and operating systems. This ensures that your documents look the same to all users, regardless of their device.

Today, PDFs are the most widely used online document format. However, not all PDFs are made with accessibility in mind. While they may appear visually perfect, they can pose challenges for people with disabilities. But why are web-accessible PDFs important?

Why is PDF Accessibility Important?

While many businesses use PDFs for essential purposes, it’s important to remember that all online content must be fully accessible. Title III of the Americans with Disabilities Act (ADA) requires businesses open to the public to provide complete and equal access to people with disabilities. Moreover, the Department of Justice (DOJ) has continuously taken the position that the ADA does apply to all online content, including PDFs.

When authoring your online documents, you must avoid creating barriers for individuals with disabilities. For example, many PDFs need the appropriate tags to define their structure and non-text content. These issues can create barriers for people who use screen readers and other assistive technologies. In that case, you may expose yourself to legal implications and accessibility-related lawsuits. So don’t take the risk; ensure that your PDFs are accessible.

Aren’t all PDFs Web Accessible?

Contrary to popular belief, PDFs are not automatically web-accessible. While all PDFs are created using standard desktop publishing tools, they are not explicitly designed with accessibility in mind. As a result, many PDFs contain severe obstacles that can be difficult for users with disabilities to navigate or understand.

For example, suppose someone with low vision or who is legally blind uses a screen reader. In that case, they won’t be able to read a standard PDF if it lacks alternative text descriptions for images. This is because assistive technology tools like screen readers are not automatically compatible with PDFs.

In order to make PDFs truly accessible, additional efforts must be taken to address these concerns.

How are Accessible PDFs Different?

The fundamental difference between an accessible and inaccessible PDF file is that one can be accessed, viewed, and interacted with by everybody. For a PDF to be considered accessible, it must meet a set of accessibility guidelines:
1. Web Content Accessibility Guidelines (WCAG): WCAG is the set of guidelines created by the World Wide Web Consortium (W3C) to make web content more accessible to people with disabilities. They provide pass-or-fail success criteria with recommendations that can be applied to web-delivered documents.WCAG 2.1 is the current standard, including specific guidelines for PDF accessibility.
2. PDF/UA 1 (ISO 14289-1) This is an international standard for accessible PDFs, which provides detailed technical specifications for creating accessible documents.
What Are Tag Trees, and How Do They Help Make PDFs Web Accessible?

Tagged trees, or “tag trees,” are the main elements for making a PDF accessible. These tags tell assistive technologies how to read the PDF content and identify headings, paragraphs, sections, and tables.

They ensure that assistive tech tools move from section to section in the correct order without skipping non-text items like graphs or images. By doing so, tag trees can help convey information about the document’s layout, reading order, and organization to assistive technologies.

Tag trees help make a PDF accessible in several ways:
1. Reading Order: Properly tagged PDFs define the correct reading order for the content, ensuring that the text is presented in a logical sequence that makes sense to the user. This is especially important for screen reader users who rely on a linear reading experience.
2. Alternative Text: Tags can include alternative text descriptions for non-text elements, such as images or charts. This allows screen readers to convey the purpose or meaning of these elements to users who cannot see them.
3. Navigation: Proper tagging enables users to navigate between different sections or elements of the document easily. For example, the user wants to move from one heading to another or jump to a specific list or table, proper tagging makes this possible.
To make PDFs accessible, they must be appropriately tagged. This can be done using various tools and software, such as Adobe Acrobat Pro, which allows you to add, edit, or validate tags in a PDF. By making PDFs accessible through the use of tag trees, you help ensure that people with disabilities can access, navigate, and understand your documents more effectively.

How to Make Your PDF Accessible

PDFs can be made accessible if you structure and tag them correctly to meet accessibility standards. However, creating your document with accessibility in mind from the beginning is much easier than editing it once it has been made!

Here are some tips to make your PDFs more accessible:
- Add descriptive text for images, charts, and other non-text elements.
- Ensure that your document follows a clear hierarchy with headings, lists, and tables (i.e., H1, H2, H3)
- Choose fonts that are easy to read and ensure sufficient contrast between text and background colors.
- If interactive form fields need to be completed, ensure the user can enter values and move from one field to the next logically using the keyboard.
Some tools like Adobe Acrobat Pro and Acrobat DC add tags automatically with the “save as accessible PDF” function. However, they are not perfect. You’ll still need to check tags manually to ensure they match the content and are ADA-compliant.

How to Check PDFs for Web Accessibility

Every organization needs to consider accessibility from the first stages of document creation. PDFs are not only a legal requirement in many jurisdictions but also a smart business strategy. By making your PDFs accessible, you can reach a larger audience, improve your SEO, and demonstrate your commitment to inclusivity. Start implementing web accessibility into your PDF documents today by scheduling a complementary ADA Strategy Briefing with 216digital. Unlock the full potential of your online business.
Greg McNeil

April 10, 2023

Legal Compliance, WCAG Compliance

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility, Website Accessibility Tools
Who Enforces ADA Web Compliance
ADA web compliance is not optional. The Americans with Disabilities Act (ADA) is a law that prohibits discrimination against people with disabilities. The ADA covers many areas of life, including the internet. However, not all websites are ADA web compliant, and enforcing those laws can be difficult. But who enforces ADA web compliance, and what does this mean for businesses and organizations?

Below, we’ll take a closer look at enforcing ADA web compliance — and provide tips for making sure your online content is fully compliant.

What is ADA Web Compliance?

ADA web compliance refers to the adherence of websites to the Americans with Disabilities Act (ADA), a law enacted in 1990 to protect the rights of people with disabilities and requires that places of public accommodation provide equal access. In recent years, this has been extended to websites and digital content.

People with disabilities can use websites and applications when properly designed and coded. However, many have barriers that make it difficult or impossible for some people to use.

Some common ways to ensure ADA web compliance include:
- Including alternative text descriptions for images and multimedia content
- Incorporating captioning or transcripts for audio and video content
- Implementing a skip navigation link for keyboard navigation
Enforcing ADA Web Compliance

The Department of Justice (DOJ) is the federal agency enforcing the ADA. In 2010, the DOJ issued new regulations that established specific requirements for ADA web compliance. These regulations would provide specific technical standards for ADA web compliance.

However, in 2017 the DOJ put the final regulations on hold. This has created uncertainty and led to confusion among businesses and website owners about what is required to achieve ADA compliance. As a result, the DOJ has referred to the Web Content Accessibility Guidelines (WCAG) as the standard for ADA web compliance. WCAG was developed by the World Wide Web Consortium (W3C) to set internationally shared guidelines for web content accessibility. The DOJ has even joined lawsuits against businesses and organizations that have failed to meet the WCAG standards.

The Department of Justice Enforcing ADA Web Compliance

In recent years, the number of ADA web compliance lawsuits has skyrocketed. These lawsuits are filed under Title II, which applies to government websites, and Title III, which applies to private businesses and other places of public accommodation.

The DOJ has repeatedly reiterated that these laws also apply to websites. These investigations can lead to stiff penalties. For example, businesses that violate Title III of the ADA may face a maximum civil penalty of $75,000 for a first violation. Subsequent violations have a maximum fine of $150,000.

H&R Block ADA Lawsuit

In one such case, the DOJ filed a lawsuit against H&R Block, a tax preparation company, for failing to make their website ADA web compliant. As a result, H&R Block had to make its website accessible and pay $100,000 in damages to the individuals affected by their non-compliance. This case serves as a warning to website owners that the DOJ is serious about enforcing ADA web accessibility.

However, the DOJ usually only investigates ADA violation if it affects a large number of consumers, as a result, most cases are initiated through private litigation.

Who Can File a Web Accessibility Lawsuit?

Anyone with a disability who has been denied access to a website or digital platform due to inaccessibility can file a lawsuit against the business or organization that owns or operates the site. However, the law does not contain a list of qualifying disabilities.

To meet the ADA’s definition of disability, the plaintiff must meet one of the following descriptions:
- Mental or physical impairment limiting one or more major life activities.
- History or record of such an impairment
- Can be perceived by others as having an impairment.
If the lawsuit is successful, the plaintiff may recover legal expenses. Plaintiffs may also obtain federal court orders to stop ADA violations.

How Common Are ADA Lawsuits?

The number of ADA digital accessibility lawsuits has skyrocketed. In 2022, there were more than 4,000 web accessibility lawsuits filed in the United States under the Unruh Act.

Many of these lawsuits are filed by a small number of plaintiffs and law firms. For example, the top 10 plaintiff law firms account for 75% of all federally filed cases. However, most ADA compliance cases are settled before going to trial. As a result, businesses and organizations that prioritize web accessibility and take proactive steps to improve accessibility are much less likely to face legal action.

Make Sure Your Website is ADA Web Compliant

By conforming with the WCAG guidelines, businesses can limit their legal risk. However, it’s essential to understand that web accessibility has profound benefits apart from legal compliance.

Modern consumers value diversity, equity, and inclusion. As a result, accessible websites help to promote brand loyalty and customer retention. In addition, accessibility can help search engines crawl and index your site. This can help improve your search engine position and deliver a better experience for everyone.

You can embrace web accessibility by taking a few simple steps:
- Conduct an audit. Use a combination of manual and automated tests to find and remediate barriers.
- Train your team about the importance of ADA web compliance. Your team should be aware of basic WCAG guidelines to avoid unintentionally adding barriers with content updates to your website.
- Create a plan for maintaining ADA web compliance. Accessibility is an ongoing process. Work with an accessibility partner to adopt (and maintain) a best-practice approach.
Team up with 216digital for ADA Web Compliance

Whether you want to protect against a frivolous ADA accessibility lawsuit or become WCAG 2.1 AA compliant, we have you covered. Through years of analyzing ADA lawsuits, we have uncovered how law firms target websites for frivolous ADA lawsuits and how to protect businesses against them. Our team of accessibility experts can also develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms. So don’t wait any longer—find out where you stand by scheduling a complementary ADA Strategy Briefing today.
Greg McNeil

April 10, 2023

Legal Compliance
What You Need to Know About ADA Web Accessibility Lawsuits
In today’s digital age, having an accessible website is more important than ever. The Americans with Disabilities Act (ADA) requires businesses to provide equal access to goods and services, including online content. Failure to comply with these regulations can impact your brand and result in costly lawsuits.

Whether you’re just at the beginning of the research process and trying to determine your exposure to an ADA lawsuit, responding to a recently received demand letter, or actively defending yourself against an ADA web accessibility lawsuit, you will need to know what you’re up against. In this post, we’ll explore what ADA compliance means, examine some high-profile lawsuits, and provide tips on protecting your website from ADA compliance lawsuits.

What is ADA Compliance?

When talking about ADA website compliance lawsuits, it’s important to understand that the ADA isn’t just any kind of law. It’s a civil rights law to ensure fairness and equality for all Americans. By prohibiting discrimination based on disability across five distinct parts of modern American life:
- Employment
- Government
- Places of public accommodation
- Telephones
- Other U.S. laws and regulations
The ADA is a “strict liability” law because it violates a person’s civil rights, inflicting inherent harm. Strict liability means that damage is possible without fault, and there is no defense against violations. In other words, you can’t say you didn’t know which requirements to follow or did not intend to cause any harm.

Losing an ADA accessibility lawsuit can be costly and result in an order to comply with the law and make your website compliant.

How Does ADA Compliance Relate to Websites?

Website accessibility enables individuals with disabilities to access and navigate websites using assistive technologies, such as screen readers or keyboard-only navigation. However, websites with barriers can limit the ability to access information and services online.

While the ADA does not explicitly mention digital content, the courts have interpreted the law to also apply to websites — specifically, Title III. Title III prohibits discrimination in places of public accommodation, including businesses and organizations that are open to the public. In 2010, the Department of Justice (DOJ) issued that websites are considered public places subject to the ADA’s requirements.

In recent years, a number of lawsuits have been filed against businesses and organizations failing to make their websites accessible. Unfortunately, these lawsuits can result in high financial costs, negative publicity, and reputational damage.

Examples of ADA Web Accessibility Lawsuits

ADA website compliance lawsuits can drag on for years, draining your time and resources. To give you an idea of what can happen, we will look at three notable ADA website accessibility lawsuits.

ADA Website Lawsuit #1: Netflix

In 2012, the National Association of the Deaf (NAD) filed a lawsuit against Netflix for denying equal access to deaf and hard-of-hearing individuals in the United States. The underlying lawsuit claimed that Netflix violated the Title III of the ADA by failing to provide closed captioning for “Watch Instantly” content streamed on its website.

The consent decree compelled Netflix to provide closed captioning to their online content within two years, along with all future content. In addition, Netflix had to pay $755,000 in legal costs and $40,000 to the National Association of the Deaf for monitoring.

ADA Website Lawsuit #2: H&R Block

Just one year later, in 2013, the DOJ joined the National Federation of the Blind, Mika Pyyhkala, and Lindsay Yazzolino in a suit against tax services firm H&R Block.

The suit required H&R Block to conform to WCAG 2.0 level-AA standards for their website and mobile app. The other terms of the agreement were:
- Provisions for designating a full-time website accessibility coordinator.
- Providing annual accessibility training to employees.
- Retaining an independent consultant.
H&R Block was also required to pay $22,500 to both Pyyhkala and Yazzolino, as well as a $55,000 civil penalty.

ADA Website Lawsuit #3: Domino’s Pizza

In 2016, Guillermo Robles claimed that Domino’s Pizza violated Title III of the ADA because their website and mobile app were not accessible to screen readers. A district court dismissed the initial case, but Robles appealed to the Ninth Circuit Court of Appeals, which came to a much different conclusion. The court opined the ADA does apply to websites and that Domino’s “had received fair notice” that its digital content must conform to the ADA.

In October 2019, the U.S. Supreme Court denied Domino’s petition to overrule the Ninth Circuit Court’s opinion. In fact, in June 2021, California federal court found that Domino’s had violated both Title III of the ADA and California’s Unruh Act, showing they still did not have an accessible website or mobile app for ordering. In the settlement summary, Robles was entitled to a mere $4,000 in statutory damages and Domino’s was required to bring its website into compliance with WCAG 2.0 guidelines.

How to Protect Your Site Against ADA Website Compliance Lawsuits

To limit your legal risk, you should endeavor to adhere to the Web Content Accessibility Guidelines (WCAG) 2.1 AA. WCAG is a set of internationally shared guidelines necessary for improving web accessibility. These guidelines are put together by the W3C (World Wide Web Consortium), athe defacto source for ensuring your website is accessible to all users.

To protect your website from ADA website compliance lawsuits, here are a few ideas of what the criteria require:
- Add alternative text descriptions for all non-text content (images, form fields, video, audio, etc.)
- Do not rely on only color as a visual means of conveying information, indicating an action, or prompting a response.
- Make sure everything on the site can interact through a keyboard interface.
- Navigational elements on the website are consistent and predictable across each page.
Team up with 216digital for ADA Web Compliance

ADA website compliance is no longer optional; it’s a legal requirement. If you need clarification on whether your site complies with the ADA’s WCAG 2.1 level-AA criteria, reach out to 216digital for a complementary ADA Strategy Briefing. We can help determine if your website is at risk of a lawsuit and offer fast and effective ADA compliance solutions that ensure your site is accessible to everyone and reduce your risk of litigation — letting you focus on what you do best.
Greg McNeil

April 10, 2023

Legal Compliance

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
What is Color Contrast and How Does it Affect Your Web Accessibility?
Color can be a tricky subject for an online business. It’s not just about how they look or your brand. Your color choices, and the relationships between them, can impact the user’s experience. For example, suppose your website’s colors don’t have enough contrast. As a result, portions of your site may be hard to read and navigate for people with visual impairments. So, what is color contrast, and how does it affect web accessibility?

What is Color Contrast?

Color contrast refers to the difference in brightness between two colors. When two colors have high contrast, they are easy to distinguish. On the other hand, when two colors have low contrast, they can be hard to tell apart.

Contrast is measured by a ratio, a numerical value ranging from 1:1 (no contrast) to 21:1 (maximum contrast). For example, white(#FFFFFF) and black(#000000) have the highest possible contrast ratio of 21:1. In contrast, white(#FFFFFF) and pure green(#00FF00) have a ratio of just 1.4:1.

When two colors overlap, such as text on a background, the benefits of a high contrast ratio become clear. For instance, reading black text on a white background is much easier than reading pure green text on a white background.

Why Does Color Contrast Matter for Web Accessibility?

For many people with visual impairments, color contrast can decide the readability and perception of content on a website. Unfortunately, many types of visual impairment can make reading text with low color contrast difficult.

For example, low contrast can cause problems for those who are color-blind. If two colors have the same brightness level, they can be almost impossible to tell apart. Similarly, users with low vision may require a high contrast to make the text more readable.

Therefore, if your website does not prioritize color contrast, you will risk cutting off a large portion of users from your online services or products.

Color Contrast and Web Accessibility

The Americans with Disabilities Act (ADA) is a civil rights law prohibiting discrimination against individuals with disabilities. The law requires reasonable accommodations to ensure that people with disabilities have the same opportunities as everyone else.

However, the ADA is not explicit about the criteria for the web or how to implement web accessibility. Instead, the courts and the Department of Justice (DOJ) rely on the Web Content Accessibility Guidelines (WCAG) as the international standard for web accessibility.

Under the ADA, WCAG is almost universally cited in lawsuits and settlements, showing that WCAG is essential to ADA compliance.

WCAG 2.1 Contrast Ratio

The Web Content Accessibility Guidelines (WCAG) 2.1 provides guidelines for color contrast that all websites should follow, including font size, weight, and color contrast.

Contrast Minimum

According to WCAG Success Criterion 1.4.3: Contrast (Minimum), the visual presentation of text and images of text must have at least a contrast ratio of 4.5:1.

However, there are three exceptions to the WCAG’s 4.5:1 contrast requirement:
- Large Text: Since large text is easier to read, the contrast requirement is reduced to 3:1. However, WCAG defines large text as 18pt or 14pt bold and larger.
- Incidental: Text or images of text that are part of a user interface component, pure decoration, not visible, or part of an image containing other significant content have no contrast requirement.
- Logotypes: Logos or brand names with text do not have contrast requirements.
Resize Text

On the other hand, WCAG Success Criterion 1.4.4: Resize Text requires that text can be resized up to 200% without assistive technology or loss of content and functionality. However, there is an exception for captions and images of text.

Images do not scale as well as text because they tend to pixelate. Therefore WCAG highly suggests using text wherever possible. It is also tricky to change foreground and background contrast or the colors of an image, which are necessary for some users.

Color Contrast and Litigation

WCAG’s 1.4.3 and 1.4.4 must be met to achieve real-world accessibility. However, there is some flexibility and nuance regarding these guidelines in litigation.

Generally speaking, color contrast does not tend to appear in ADA web accessibility lawsuits. Color-blind and low-vision users can use assistive technology to enhance contrast.

Since these tools are available, and most business owners are averse to altering their brand’s colors, we focus on barriers that assistive technology cannot resolve. We do not recommend making edits surrounding color contrast to fulfill the requirements of a non-compliance lawsuit. That said, working color contrast best practices into your design workflows is always encouraged.

However, WCAG 1.4.4 does appear in complaints and creates a bona fide access barrier if violated. All websites must be able to be zoomed to 200% while leaving a significant operable region of the page.

How Can I Make My Website More Accessible?

Plenty of design considerations go into website accessibility — from the layout of content to the use of images, typography, and even color.

However, your choice of color is one of the first things people notice about your brand. And if you implement it wrong, it can impact the user experience for all visitors — not just those with visual impairments. By following the WCAG 2.1 guidelines and considering factors like font size and weight, you can create a website accessible to everyone.

Are you ready to make sure your website is accessible? Then, schedule an ADA Strategy Briefing with the web accessibility experts at 216digital.
Greg McNeil

March 14, 2023

Legal Compliance

ADA Compliance, ADA Website Compliance, Website Accessibility
Debunking Common Web Accessibility Myths

“Web accessibility is too expensive.“

“There’s no real business value to making my website accessible.“

These are just a few of the concerns we hear when talking to organizations about web accessibility for the first time. And while it’s easy enough to poke holes in each one, it’s worth mentioning these myths are one of the many reasons digital accessibility lags so far behind.

To better understand why online businesses are slow to build accessible experiences, let’s debunk some of these myths and explain why web accessibility is essential for your business.

Common Myths in Website Accessibility

Common misconceptions about web accessibility have impacted the way organizations approach any accessibility initiative — particularly when it comes to time, cost, and compliance. Here’s what we learned.

Myth: There Are No Benefits to an Accessible Website

Why is digital accessibility so important? We can all agree that delivering an equal browsing experience to every user is the right thing to do. However, there are other benefits, like improved search engine optimization (SEO).

Many of the same principles for good SEO overlap with web accessibility best practices. Companies spend tens of thousands of dollars every year to improve their searchability. Search engines rank websites based on the content and user experience.By working on one, we enhance the other. After all, a better user experience for your visitors also offers a better understanding to search crawlers.

Myth: Web Accessibility Only Affects Those Who Are Blind or Have Low Vision

Most believe visual impairments are the most prominent disability an inaccessible website can impact. However, web accessibility can benefit several impairments, including hearing, cognitive, and motor. In fact, mobility and cognitive impairments affect a higher percentage of the population than visual.

That means digital accessibility is essential for people who cannot move their limbs and require a switch device. Similarly, people with dyslexia need the option to change fonts or line spacing.

The bottom line is an accessible website benefits users of all abilities. And your website’s design doesn’t have to suffer in the process.

Myth: Web Accessibility Means Redesigning My Entire Website

Most online business owners believe that providing an accessible online experience means starting from scratch — redesigning and developing the entire site. That, without exception, sounds both time-consuming and expensive. While we agree that it’s ideal to design an accessible website from the first line of code, it’s not feasible for the millions of existing sites.

However, it is often possible to make a website accessible by making minor adjustments, such as adding alternative text to images, adding focus outlines on interactive elements, and ensuring that videos have closed captions. These changes can significantly improve the website’s accessibility without requiring a complete redesign.

Myth: Using Automated Tools On My Site is All I Need to Make It Accessible

Automation is a powerful tool that is getting better all the time. But automation alone cannot identify and fix every accessibility error. In fact, automated scans can only detect 30% of barriers for users with disabilities. The limited scope of even the most advanced automation will leave many compliance issues unresolved and your company at risk.

That’s not to say automated tools are not a great starting point. However, it’s essential to think of them as a tool in a more extensive toolkit, including regular monitoring, manual testing, and reporting.

At 216digital, we believe in a hybrid approach. That combines the speed of automation with the precision of manual auditing to achieve and maintain an accessible website.

For more information about automated tools and ADA web compliance, check out the article, Are Web Accessibility Testing Tools Enough to Ensure Compliance.

Myth: Screen overlays can make my website compliant and protect me from an ADA lawsuit

Screen overlay products, also known as accessibility widgets or plugins, can help make a website more accessible to users with disabilities. Still, they do not guarantee that a website will fully comply with the Americans with Disabilities Act (ADA) or other accessibility guidelines.

These products typically provide a range of accessibility features, such as increasing text size, changing the background color, and providing alternative text descriptions for images. However, they do not address all of the accessibility issues that a website may have. For example, they may not address issues related to the structure and organization of content, or the use of appropriate headings and labels.

Additionally, these products do not address the issue of accessibility for users who are using assistive technologies such as screen readers. These technologies rely on the underlying code of the website, and a screen overlay does not address these barriers.

While these products can be a helpful tool for improving accessibility, they should not be considered a substitute for a comprehensive accessibility audit and remediation process to mitigate ADA lawsuit risk. Approximately 600 companies with an accessibility widget installed on their websites were hit with ADA accessibility lawsuits in 2022.

Myth: Web Accessibility Litigation is Frivolous and Invalid

Shockingly, most online companies believe accessibility lawsuits have no merit. Yet huge brand-named companies, such as Domino’s, have also been targeted with frivolous ADA lawsuits.

But huge name brands aren’t the only ones. Thousands of small and mid-size businesses face legal action. If you think your business is small enough to fly under the radar and avoid litigation, you’re wrong. Many mom-and-pop restaurants and small stores have recently fought and lost website accessibility lawsuits.

Failure to provide an accessible website can result in legal action and potentially significant financial penalties. Therefore, it’s crucial to take web accessibility seriously and ensure your website is accessible to everyone.

Fact: Web Accessibility is Smart Business

You’re not alone if you’ve fallen victim to believing some of these common myths and misconceptions. In ethical terms, individuals of all abilities deserve the right to barrier-free web use. And as we’ve seen, there are strong legal incentives for ensuring that your website is as accessible as possible. But you can take action.

216digital has made it easier to achieve website accessibility compliance without breaking your budget, taking all of your time, or completely redesigning your website. We can help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms.

To learn more about how the ADA experts at 216digital can help build an ADA WCAG 2.1 compliance strategy to achieve ongoing, real-world accessibility on your terms, schedule an ADA Strategy Briefing.

Greg McNeil

March 14, 2023

Legal Compliance, Testing & Remediation, WCAG Compliance

ADA Compliance, ADA Website Compliance, Website Accessibility

What is Section 508?

Section 508

The Latest Revision

How Does WCAG Affect Section 508?

How is Section 508 Different from the ADA?

Section 508

The ADA

Does Section 508 Apply to My Business?

What’s the Risk of Non-Compliance?

NAD vs. Harvard and MIT

NFB vs. Department of Education

Section 508 Compliance with 216digital

The Americans with Disabilities Act and Web Accessibility

The Rise of ADA Web Compliance Lawsuits

What is an ADA Web Accessibility “Tester”?

What Gives Someone Ground to Sue?

Acheson Hotels, LLC v. Deborah Laufer

Supreme Court Case Takes Unexpected Turn

The Future of Web Accessibility

Steps Businesses Should Take to Ensure ADA Compliance

Protect Your Online Business

What is the ADA?

What Does the ADA Cover?

Who Has To Be ADA Compliant?

Is ADA Compliance Mandatory for Websites?

How Does the ADA Assess Web Accessibility?

The Rise of ADA Web Compliance Lawsuits

What Are the Most Common Accessibility Issues Cited In Legal Claims?

Why You Need to Take ADA Web Compliance Lawsuits Seriously

Find Out If Your Website is ADA Compliant

The Americans with Disabilities Act

What is an ADA Web Accessibility Lawsuit?

How to Mitigate the Risk of a Website Accessibility Lawsuit

Conduct a Self-Evaluation

Prioritize High-Impact Issues

Develop a Plan

Add an Accessibility Statement and Contact Information

Be Responsive to Complaints

Keep an Eye on Updates

Get an ADA Lawsuit Risk Audit

Prevent an ADA Website Lawsuit

216digital Specializes in Web Accessibility

What is an ADA Web Accessibility Lawsuit?

Do Not Ignore the Demand Letter

How to Respond to an ADA Website Lawsuit

1. Consult an Attorney

2. Review and Answer the Complaint

3. Get a Website Audit

4. Remediate the Website

5. Communicate with the Plaintiff

6. Negotiate a Settlement

Don’t Wait to Get Sued: Prevent an ADA Website Lawsuit

Worried About a Web Accessibility Lawsuit

The Popularity of PDF Documents

Why is PDF Accessibility Important?

Aren’t all PDFs Web Accessible?

How are Accessible PDFs Different?

What Are Tag Trees, and How Do They Help Make PDFs Web Accessible?

How to Make Your PDF Accessible

How to Check PDFs for Web Accessibility

What is ADA Web Compliance?

Enforcing ADA Web Compliance

The Department of Justice Enforcing ADA Web Compliance

H&R Block ADA Lawsuit

Who Can File a Web Accessibility Lawsuit?

How Common Are ADA Lawsuits?

Make Sure Your Website is ADA Web Compliant

Team up with 216digital for ADA Web Compliance

What is ADA Compliance?

How Does ADA Compliance Relate to Websites?

Examples of ADA Web Accessibility Lawsuits

ADA Website Lawsuit #1: Netflix

ADA Website Lawsuit #2: H&R Block

ADA Website Lawsuit #3: Domino’s Pizza

How to Protect Your Site Against ADA Website Compliance Lawsuits

Team up with 216digital for ADA Web Compliance

What is Color Contrast?

Why Does Color Contrast Matter for Web Accessibility?

Color Contrast and Web Accessibility

WCAG 2.1 Contrast Ratio