The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government’ programs and services. As it relates to employment, Title I of the ADA protects the rights of both employees and job seekers. The ADA also establishes requirements for telecommunications relay services. Title IV, which is regulated by the Federal Communications Commission (FCC), also requires closed captioning of federally funded public service announcements.
Part of Title I was found unconstitutional by the United States Supreme Court as it pertains to states in the case of Board of Trustees of the University of Alabama v. Garrett as violating the sovereign immunity rights of the several states as specified by the Eleventh Amendment to the United States Constitution. The Court determined that state employees cannot sue their employer for violating ADA rules. State employees can, however, file complaints at the Department of Justice or the Equal Employment Opportunity Commission, who can sue on their behalf.[19]
Talk to your web designer about other techniques that will make your site more user-friendly for people with disabilities. Worried that’s not in your budget? Consider the fact that DOJ fines start at $75,000. And it's still yet to be determined if a non-compliant website is liable for one fine or will be charge per page for each violation. As the recent lawsuits illustrate, though, settlements quickly add up into the millions.
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]
Navigable: Content that’s repeated on multiple pages can be easily skipped. All pages have informative titles, headings, and labels that describe the page’s content and hierarchy. Navigating the page must take place sequentially, in a meaningful order that preserves relationships on the page. All link text is descriptive in order to make clear where the link will take users. If users are navigating via a keyboard, the current focus of the keyboard is always highlighted and visible.
The ADA has four main components: (1) requirements for maintaining medical records and requiring medical testing, (2) an employer must reasonably accommodate disabilities, (3) an employer may not discriminate against an individual with a disability, and (4) an employer may not retaliate against someone who opposes discrimination of participates in protected activity.
It isn’t a problem by default, a lot of it comes down to how it is built. I’d suggest either considering a highly accessible contingency option, or build those components in such a way that there is a level of accessibility baked into it. If you need help with that testing or review email us at questions at yokoco.com and we’ll be able to let you know the cost for us to lend a hand.

Web design is not the same as web development, but sometimes you’ll find a developer or designer with overlapping skills who can perform both. Many web designers create mock-ups of a site or app using graphic design software, while others create custom themes that can be viewed as functional websites. A website designer typically works with a variety of design software and technologies to create responsive layouts and page elements that are visually appealing to users. They’ll work to improve the interface and user experience, and often collaborate with graphic artists, programmers and copywriters along the way.


The ADA has four main components: (1) requirements for maintaining medical records and requiring medical testing, (2) an employer must reasonably accommodate disabilities, (3) an employer may not discriminate against an individual with a disability, and (4) an employer may not retaliate against someone who opposes discrimination of participates in protected activity.

The ADA itself holds different organizations to more/less stringent standards based on a host of factors, government funding being a major one. Government agencies themselves are usually held to the most severe standards. That said, while ADA has adopted WCAG as the defacto standard, from what I’ve seen it appears they’re going with AA compliance as the most reliable one. That said, we’ve done work with some organizations who’ve chosen to comply with AAA in an effort to be as buttoned up as possible from an accessibility and experiential perspective. We’ve also worked with some who have tighter budgers and aim for level A compliance and have a more “react and repair” mindset when they discover anything in their site that is giving someone hardship from an accessibilirt standpoint.


Tennessee v. Lane[80], 541 U.S. 509 (2004), was a case in the Supreme Court of the United States involving Congress's enforcement powers under section 5 of the Fourteenth Amendment. George Lane was unable to walk after a 1997 car accident in which he was accused of driving on the wrong side of the road. A woman was killed in the crash, and Lane faced misdemeanor charges of reckless driving. The suit was brought about because he was denied access to appear in criminal court because the courthouse had no elevator, even though the court was willing to carry him up the stairs and then willing to move the hearing to the first floor. He refused, citing he wanted to be treated as any other citizen, and was subsequently charged with failure to appear, after appearing at a previous hearing where he dragged himself up the stairs.[81] The court ruled that Congress did have enough evidence that the disabled were being denied those fundamental rights that are protected by the Due Process clause of the Fourteenth Amendment and had the enforcement powers under section 5 of the Fourteenth Amendment. It further ruled that "reasonable accommodations" mandated by the ADA were not unduly burdensome and disproportionate to the harm.[82]
In 2001, for men of all working ages and women under 40, Current Population Survey data showed a sharp drop in the employment of disabled workers, leading at least two economists to attribute the cause to the Act.[52] By contrast, a study in 2003 found that while the Act may have led to short term reactions by employers, in the long term, there were either positive or neutral consequences for wages and employment.[53] In 2005 the rate of employment among disabled people increased to 45% of the population of disabled people.[54]
While legal considerations might be your biggest worry, making your site more accessible is simply good customer service. More than 39 million Americans are blind and another 246 million have "low vision," Another one million are deaf in the U.S. Add to that people with mobility issues that prevent them from using their hands and that's a huge portion of the country's buying power.
President George H.W. Bush signed the Americans with Disabilities Act into law July 26, 1990. The ADA prohibits discrimination of people with disabilities and guarantees the same opportunities as everyone else. These opportunities include employment possibilities, purchasing of goods and services and the ability to participate in State and local government programs.
This is where a good creative brief can help you map out all of the elements, pages, and items you might need from the designer. A thoughtful and well-defined creative brief will help prevent scope creep, make your project run smoothly, and set expectations up front that will help to attract a talented web designer who can deliver the results you’re looking for.
I was educated at the Illinois Institute of Art in Chicago and have over decade of graphic design experience developing t-shirts, posters, flyers, illustrations, web graphics, and many more. All of my work delivers on creating high quality images filled with detail and color. My belief in establishing a good relationship as well as excellent communication with each of my clients helps me produce the professional work they are looking for. My ambitious nature and need to create fuels my drive to always deliver the best for my clients.
Many members of the business community opposed the Americans with Disabilities Act. Testifying before Congress, Greyhound Bus Lines stated that the act had the potential to "deprive millions of people of affordable intercity public transportation and thousands of rural communities of their only link to the outside world." The US Chamber of Commerce argued that the costs of the ADA would be "enormous" and have "a disastrous impact on many small businesses struggling to survive."[35] The National Federation of Independent Businesses, an organization that lobbies for small businesses, called the ADA "a disaster for small business."[36] Pro-business conservative commentators joined in opposition, writing that the Americans with Disabilities Act was "an expensive headache to millions" that would not necessarily improve the lives of people with disabilities.[37]
While the U.S. Department of Labor's (DOL) Office of Disability Employment Policy (ODEP) does not enforce the ADA, it does offer publications and other technical assistance on the basic requirements of the law, including covered employers’ obligation to provide reasonable accommodations to qualified job applicants and employees with disabilities. For a quick overview of the ADA read “The Americans with Disabilities Act: A Brief Overview.”

I know there may have been concerns that the ADA may be too vague or too costly, or may lead endlessly to litigation. But I want to reassure you right now that my administration and the United States Congress have carefully crafted this Act. We've all been determined to ensure that it gives flexibility, particularly in terms of the timetable of implementation; and we've been committed to containing the costs that may be incurred.... Let the shameful wall of exclusion finally come tumbling down.[41]
Prohibited discrimination may include, among other things, firing or refusing to hire someone based on a real or perceived disability, segregation, and harassment based on a disability. Covered entities are also required to provide reasonable accommodations to job applicants and employees with disabilities.[16] A reasonable accommodation is a change in the way things are typically done that the person needs because of a disability, and can include, among other things, special equipment that allows the person to perform the job, scheduling changes, and changes to the way work assignments are chosen or communicated.[17] An employer is not required to provide an accommodation that would involve undue hardship (significant difficulty or expense), and the individual who receives the accommodation must still perform the essential functions of the job and meet the normal performance requirements. An employee or applicant who currently engages in the illegal use of drugs is not considered qualified when a covered entity takes adverse action based on such use.[18]

“The idea of equal access, equal opportunity has sort of evolved in its application from brick and mortar to eCommerce. At first, many companies were worried about the desktop experience. Now, the concern extends to both smart phones and devices.  Wherever a consumer accesses your content – whether it be directly through the web or an app – you need to be concerned about accessibility.”


Rasha Zeyadeh and Rob Wiley provided a very professional and comfortable experience. My case was tough being in Texas, but, Rasha worked very closely with me to get the best result possible. She was extremely open to listening to my concerns and suggestions, while using her expertise to guide me to the best result in my case. I would definitely recommend Rasha and Rob Wiley if you are in need of their type of service. I will use them again if needed! K.G.
Title II prohibits disability discrimination by all public entities at the local level, e.g., school district, municipal, city, or county, and at state level. Public entities must comply with Title II regulations by the U.S. Department of Justice. These regulations cover access to all programs and services offered by the entity. Access includes physical access described in the ADA Standards for Accessible Design and programmatic access that might be obstructed by discriminatory policies or procedures of the entity.
As a client, you might think web design comprises things like a homepage and a few interior page layouts, but web design is so much more. What about call-to-actions, buttons, and images? What about design flow? What about your navigation, headers, footers, and any side elements for up-selling products? Basically, design includes all the elements of your site, and they all need to flow with your color scheme and business idea.
The attorneys' fees provision of Title III does provide incentive for lawyers to specialize and engage in serial ADA litigation, but a disabled plaintiff does not obtain financial reward from attorneys' fees unless they act as their own attorney, or as mentioned above, a disabled plaintiff resides in a state that provides for minimum compensation and court fees in lawsuits. Moreover, there may be a benefit to these "private attorneys general" who identify and compel the correction of illegal conditions: they may increase the number of public accommodations accessible to persons with disabilities. "Civil rights law depends heavily on private enforcement. Moreover, the inclusion of penalties and damages is the driving force that facilitates voluntary compliance with the ADA."[56] Courts have noted:

Because of this, among the greatest drivers of website accessibility are usability improvements and the reputation boost that it brings—or, alternatively, the lost business that organizations want to avoid as a result of inaccessible websites. According to a survey by the National Business Disability Council at the Viscardi Center, 91 percent of customers say that they’d prefer to shop at a website that prioritizes accessibility.


As organizations around the world scramble to bring their sites into compliance with the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG), focus on other, preexisting accessibility regulations has also intensified. The United States’ Americans with Disabilities Act (ADA) is one of the most visible and complicated pieces of accessibility legislation. Let’s look at some of the ins and outs of what an ADA compliant website means today. Or, if you're interested in seeing the nitty-gritty details of your site's accessibility, request a free website audit report using the form on this page.
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