The way a lot of people think about getting a new website is, they have a certain amount of money and they think, If I pay less money for a website, I'll have extra money left over, therefore I win. And so they'll go and get a Square Space or a Wix or a Go Daddy website, and they'll think because they've saved money they're coming out ahead of the deal.
What’s the scope of the work? Will the website be basic with just a few pages about your company, its services, and contact information? Or will it also have an e-commerce section for online shopping, a blog, or content for visitors to download? Before you hire a web designer, make sure you have a thorough, specific list of the components you must have the designer include in the web design.
Permanent injunction requiring a change in corporate polices to cause Defendant’s website to become, and remain, accessible Noted was that “The ADA expressly contemplates the type of injunctive relief that the Plaintiffs seek in this action.” The Plaintiff’s lawyers stated that “Because Defendant’s Website has never been accessible and because Defendant does not have, and has never had, a corporate policy that is reasonably calculated to cause its Website to become and remain accessible”. Therefor the Court should require that the Plaintiff accept who the Defendant will use to “assist it in improving the accessibility of its Website”, “ensure that all employees involved in website development and content development be given training”, “Consultant to perform an automated accessibility audit on a periodic basis to evaluate if the Defendant’s Website continues to comply”, “Consultant to perform end-user accessibility/usability testing on a periodic basis”, “Consultant to create an accessibility policy”. Although the Lawyers asked the Court for the above, and it would be extremely time consuming and expensive for the Defendant, the very last part of the Complaint was what the Lawyers were after. Here is what the Lawyers asked the Court for:
Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation. Public accommodations include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays.

Additionally, in February 2018, Congress passed the ADA Education and Reform Act, a bill designed to make it harder for disabled Americans to sue businesses for discrimination. Republican lawmakers who wrote and passed the bill argue that the law will help curb “frivolous” lawsuits, while opponents have argued that this law will gut the ADA, essentially giving businesses little reason to follow the ADA guidelines at all.
The Department of Justice provides technical assistance to help State and local governments understand and comply with the ADA. An important source of ADA information is the Department’s ADA Home Page on the World Wide Web. This extensive website provides access to ADA regulations; all Department ADA technical assistance materials, including newly-released publications; proposed changes in the ADA regulations; and access to Freedom of Information Act materials, including technical assistance letters. The website also provides links to other Federal agencies with ADA responsibilities.
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.
On Dec. 26, 2017, the DOJ withdrew the proposed rulemaking for Title II and Title III, effectively killing any forward progress on adoption (more on that here: https://www.law.com/dailybusinessreview/2018/03/01/website-operators-are-on-notice-recent-events-may-force-change/). While disappointing, this is not surprising, given the current administration's commitment to deregulation. That said, I fully expect the courts to continue to fill the gap and hold businesses accountable, so I would encourage you to take accessibility standards into account as you work up the governance for your enterprise intranet services. If it would be helpful for me to put you in touch with an attorney with experience in these matters, I'd be more than happy to do so. Feel free to shoot me an email anytime at [email protected] Best of luck!
The Access Board is responsible for developing and updating design guidelines known as the ADA Accessibility Guidelines (ADAAG).  These guidelines are used by the Department of Justice (DOJ) and the Department of Transportation (DOT) in setting enforceable standards that the public must follow.  Both DOJ’s and DOT’s current ADA Standards are based on the Board’s updated ADAAG (2004).  As a result, for the most part, these two sets of standards are very similar.  However, each contains additional requirements that are specific to the facilities covered by the respective agencies.  These additional requirements define the types of facilities covered, set effective dates, and provide additional scoping or technical requirements for those facilities.  DOJ’s ADA Standards apply to all facilities except public transportation facilities, which are subject to DOT’s ADA Standards.  The edition of the ADA Standards provided here on the Board’s website includes DOJ’s and DOT’s additional provisions.
On Dec. 26, 2017, the DOJ withdrew the proposed rulemaking for Title II and Title III, effectively killing any forward progress on adoption (more on that here: https://www.law.com/dailybusinessreview/2018/03/01/website-operators-are-on-notice-recent-events-may-force-change/). While disappointing, this is not surprising, given the current administration's commitment to deregulation. That said, I fully expect the courts to continue to fill the gap and hold businesses accountable, so I would encourage you to take accessibility standards into account as you work up the governance for your enterprise intranet services. If it would be helpful for me to put you in touch with an attorney with experience in these matters, I'd be more than happy to do so. Feel free to shoot me an email anytime at [email protected] Best of luck!
The Access Board is responsible for developing and updating design guidelines known as the ADA Accessibility Guidelines (ADAAG).  These guidelines are used by the Department of Justice (DOJ) and the Department of Transportation (DOT) in setting enforceable standards that the public must follow.  Both DOJ’s and DOT’s current ADA Standards are based on the Board’s updated ADAAG (2004).  As a result, for the most part, these two sets of standards are very similar.  However, each contains additional requirements that are specific to the facilities covered by the respective agencies.  These additional requirements define the types of facilities covered, set effective dates, and provide additional scoping or technical requirements for those facilities.  DOJ’s ADA Standards apply to all facilities except public transportation facilities, which are subject to DOT’s ADA Standards.  The edition of the ADA Standards provided here on the Board’s website includes DOJ’s and DOT’s additional provisions.
The Department of Justice’s revised regulations for Titles II and III of the Americans with Disabilities Act of 1990 (ADA) were published in the Federal Register on September 15, 2010. These regulations adopted revised, enforceable accessibility standards called the 2010 ADA Standards for Accessible Design, "2010 Standards." On March 15, 2012, compliance with the 2010 Standards was required for new construction and alterations under Titles II and III. March 15, 2012, is also the compliance date for using the 2010 Standards for program accessibility and barrier removal.
State and local governments will often post documents on their websites using Portable Document Format (PDF). But PDF documents, or those in other image based formats, are often not accessible to blind people who use screen readers and people with low vision who use text enlargement programs or different color and font settings to read computer displays.
“Any business that is considered a “place of public accommodation” is required to provide equal access to services under the nondiscrimination requirements of Title III of ADA. When you look at the guidelines closely, this includes hotels, entertainment venues, legal and accounting firms, retail stores, and virtually every business that is not a private club, including businesses that exist solely on the web.” (Read full article.)
Enough Time: Users have sufficient time to read and use the website’s content. If part of the website has a time limit, users are able to turn off the time limit, or they can adjust or extend it to at least ten times the default limit (unless the time limit is essential to the website’s functionality, such as auction websites like eBay). Content that moves, blinks, or automatically updates can be paused or stopped unless it’s essential to the website’s functionality.
This particular lawsuit amounted to nothing more than a shakedown for cash, as the current laws would make it difficult to win the suit in court (more about this later) but it prompted me to dive deeper into the issue of ADA compliance. Through my research, I discovered there are some new laws on the horizon that could make ADA compliance mandatory, which means web designers and digital marketers need to know how to prepare.
During the past 20 years, Criterion has provided our clients with the most rigorous WCAG testing available because we specialize in manual accessibility testing by both experts with disabilities and the industry’s foremost WCAG web developers! As a result, our clients have significantly reduced their exposure to future legal liabilities associated with non-compliant websites or applications.
No online tool can cover all the issues of ADA accessibility. To make sure your website meets the necessary ADA guidelines, employ an ADA compliance specialist that will review your website. Specialists are much better at evaluating the consistency of your website content as well as your current online reservation system. Furthermore, you will get the best results by combining the test results of online tools with the experience of an ADA compliance specialist.
As we reported in June, 103 members of the House of Representatives from both parties asked Attorney General Jeff Sessions to “state publicly that private legal action under the ADA with respect to websites is unfair and violates basic due process principles in the absence of clear statutory authority and issuance by the department of a final rule establishing website accessibility standards.” The letter urged the Department of Justice (DOJ) to “provide guidance and clarity with regard to website accessibility under the … ADA.”

As of 2015 the ADA had improved access to public services, the built environment (e.g., crosswalks with curb cuts and accessible pedestrian signals), understanding of the abilities of people with disabilities, established a right to equal access to public services and has demonstrated the contributions which people with disabilities can make to the economy. Disparities have remained in employment, earned income, Internet access, transportation, housing, and educational attainment and the disabled remain at a disadvantage with respect to health and health care.[45]
You may have installed a ramp, increased the width of your door frames, or made other accommodations to ensure that your physical premises are accessible to all. The requirement for equal access used to only apply to physical locations and storefronts, but now the government is actively ensuring that the requirements for ADA accessibility include online properties such as websites and mobile apps.
The Americans with Disabilities Act (ADA) and, if the government entities receive federal funding, the Rehabilitation Act of 1973 generally require that state and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden.2 One way to help meet these requirements is to ensure that government websites have accessible features for people with disabilities, using the simple steps described in this document. An agency with an inaccessible website may also meet its legal obligations by providing an alternative accessible way for citizens to use the programs or services, such as a staffed telephone information line. These alternatives, however, are unlikely to provide an equal degree of access in terms of hours of operation and the range of options and programs available.

The Supreme Court decided under Title II of the ADA that mental illness is a form of disability and therefore covered under the ADA, and that unjustified institutional isolation of a person with a disability is a form of discrimination because it "...perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life." The court added, "Confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment."
Barden v. The City of Sacramento, filed in March 1999, claimed that the City of Sacramento failed to comply with the ADA when, while making public street improvements, it did not bring its sidewalks into compliance with the ADA. Certain issues were resolved in Federal Court. One issue, whether sidewalks were covered by the ADA, was appealed to the 9th Circuit Court of Appeals, which ruled that sidewalks were a "program" under ADA and must be made accessible to persons with disabilities. The ruling was later appealed to the U.S. Supreme Court, which refused to hear the case, letting stand the ruling of the 9th Circuit Court.[62][63]

Because the ADA does not specifically mention websites, it also does not outline standards for how organizations can make their websites accessible. However, the DOJ has frequently cited recommendations such as the Web Content Accessibility Guidelines (WCAG) 2.0 as acceptable metrics for accessibility. WCAG 2.0 includes many different criteria at three different “success levels” of accessibility, ranging from high-contrast color schemes to closed captions for video content.


Develop a plan for making your existing web content accessible. Describe your plan on an accessible webpage, and encourage input on how accessibility can be improved. Let visitors to your website know about the standards or guidelines that you are using to make your website accessible. When setting timeframes for accessibility modifications to your website, make more popular webpages a priority.

When the Americans with Disabilities Act became law in 1990, modern communications technologies such as the Internet were still in their infancy. The past few decades, however, have seen the rise of new channels such as websites and mobile applications, raising questions about the ADA’s original mission to make U.S. society more accessible to people with disabilities.

If you do get sued, if you immediately remediate your website, you may be able to get the lawsuit dismissed on mootness (there’s no longer anything in dispute, i.e. plaintiffs are arguing your website is inaccessible but you’ve already made it accessible). This definitely does not mean you should wait to fix your website but it does mean you may have an out.
Many government services and activities are also provided on websites because the public is able to participate in them at any time of day and without the assistance of government personnel. Many government websites offer a low cost, quick, and convenient way of filing tax returns, paying bills, renewing licenses, signing up for programs, applying for permits or funding, submitting job applications, and performing a wide variety of other activities.
Certain specific conditions that are widely considered anti-social, or tend to result in illegal activity, such as kleptomania, pedophilia, exhibitionism, voyeurism, etc. are excluded under the definition of "disability" in order to prevent abuse of the statute's purpose.[8][9] Additionally, gender identity or orientation is no longer considered a disorder and is also excluded under the definition of "disability".[9][10]
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