Disability-related lawsuits find new targets

Since at became law in 1990, there’s little doubt that the Americans with Disabilities Act (ADA) has helped make public buildings and businesses more accessible to the disabled. At the same time, however, brick-and-mortar businesses have long complained about the cost of ADA compliance, and claim that many ADA-related lawsuits are more about making money for lawyers than about actually increasing accessibility. Now that most shopping has moved online, lawsuits have begun to extend the ADA to websites and other online services, concepts which really didn’t exist at the time the law was passed.

For example, Home Depot was sued in 2015 by a blind Pennsylvania man alleging that the Home Depot website relied too heavily on images without the alternative text and descriptive links required to allow access by the sight-impaired. The same plaintiff had filed at least 68 similar lawsuits targeting online retailers. Companies from Target to eBay have been sued for ADA issues, and many companies have paid out millions to the government or class action plaintiffs, in addition to the cost of becoming compliant after the fact. Now, plaintiffs’ lawyers have begun targeting platform providers, in what may well result in a new wave of ADA litigation against the internet’s infrastructure providers.

While it’s increasingly clear that internet accessibility is required under the ADA, it’s less clear what constitutes an accessible website. Here are some of the steps you can take to make your website more accessible and less likely to result in a lawsuit or legal liability:

  • Perform a website audit, to determined what aspects of your website might not meet reasonable accessibility standards.
  • Update your website to comply with the Web Consortium’s Web Content Accessibility Guidelines 2.0 (WCAG), currently the closest thing there is to an accessibility standard under the ADA.
  • Make sure your development and design policies include guidelines for continuing WCAG compliance, since it’s all too easy to lose sight of accessibility in the stress of a new site or product rollout.
  • Train customer support and technical personnel to understand and facilitate use of your website by disabled customers, and to be sensitive to the needs and complaints of disabled users.

Although the Department of Justice is expected to issue guidelines some time in 2018, it’s probably not a good idea to wait. In addition to good risk management, it may well be good business, to keep both your disabled and able-bodied customers happy.