"III-3.6000 Retaliation or coercion. Individuals who exercise their rights under the ADA, or assist others in exercising their rights, are protected from retaliation. The prohibition against retaliation or coercion applies broadly to any individual or entity that seeks to prevent an individual from exercising his or her rights or to retaliate against him or her for having exercised those rights ... Any form of retaliation or coercion, including threats, intimidation, or interference, is prohibited if it is intended to interfere."

For most businesses, the need for ADA web compliance means they will need to make at least some adjustments to all of their online marketing strategies. For instance, if your company provides tax preparation services, all of the tax forms you provide for customers to download would need to meet accessibility standards. Any online tax preparation services that you offer would also need to be configured so they meet ADA standards, as would your mobile app.
You may have noticed that the law refers to federal agencies, so you might be thinking, “Well, this a federal issue -- how does this relate to a private business website, or how am I affected by this law?” Websites are now considered public entities since any user can access them via a computer or any other device. Think of this as a building requiring wheelchair-accessible ramps. The same basic principle applies to websites or any other technology.

Blind people, those with low vision, and people with other disabilities that affect their ability to read a computer display often use different technologies so they can access the information displayed on a webpage. Two commonly used technologies are screen readers and refreshable Braille displays. As discussed above, a screen reader is a computer program that speaks the text that appears on the computer display, beginning in the top-left corner. A refreshable Braille display is an electronic device that translates text into Braille characters that can be read by touch. These assistive technologies read text. They cannot translate images into speech or Braille, even if words appear in the images. For example, these technologies cannot interpret a photograph of a stop sign, even if the word “stop” appears in the image.
When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
While Title III of the ADA applies to businesses with more than 15 employees, it is a good idea to be proactive and become compliant. In addition, the general consensus is that any business considered a “public accommodation” should have an ADA compliant website. Given that “public accommodation” definition is subjected to interpretation, it is important for a business to do the right thing and become compliant.
Businesses and nonprofits: in determining whether a particular aid or service would result in an undue burden, a title III entity should take into consideration the nature and cost of the aid or service relative to their size, overall financial resources, and overall expenses. In general, a business or nonprofit with greater resources is expected to do more to ensure effective communication than one with fewer resources. If the entity has a parent company, the administrative and financial relationship, as well as the size, resources, and expenses of the parent company, would also be considered.
Businesses and nonprofits: in determining whether a particular aid or service would result in an undue burden, a title III entity should take into consideration the nature and cost of the aid or service relative to their size, overall financial resources, and overall expenses. In general, a business or nonprofit with greater resources is expected to do more to ensure effective communication than one with fewer resources. If the entity has a parent company, the administrative and financial relationship, as well as the size, resources, and expenses of the parent company, would also be considered.
Because they only read text, screen readers and refreshable Braille displays cannot interpret photographs, charts, color-coded information, or other graphic elements on a webpage. For this reason, a photograph of a mayor on a city’s website is inaccessible to people who use these assistive technologies, and a blind person visiting the website would be unable to tell if the image is a photo, a logo, a map, a chart, artwork, a link to another page, or even a blank page.
The ADA’s relationship with websites has been a complicated and often confusing story. The ADA does not explicitly address online compliance, even after undergoing several amendments in the far more web-oriented era of 2008. With no specific coverage under the law, it usually falls to the courts to determine how ADA standards apply to websites—or whether they do at all.
These and other types of multimedia can present two distinct problems for people with different disabilities. People who are deaf or hard of hearing can generally see the information presented on webpages. But a deaf person or someone who is hard of hearing may not be able to hear the audio track of a video. On the other hand, persons who are blind or have low vision are frequently unable to see the video images but can hear the audio track.
The Federal Communications Commission (FCC) enforces regulations covering telecommunication services. Title IV of the ADA covers telephone and television access for people with hearing and speech disabilities. It requires telephone and Internet companies to provide a nationwide system of telecommunications relay services that allow people with hearing and speech disabilities to communicate over the telephone.
ADA disabilities include both mental and physical medical conditions. A condition does not need to be severe or permanent to be a disability.[6] Equal Employment Opportunity Commission regulations provide a list of conditions that should easily be concluded to be disabilities: deafness, blindness, an intellectual disability (formerly termed mental retardation), partially or completely missing limbs or mobility impairments requiring the use of a wheelchair, autism, cancer, cerebral palsy, diabetes, epilepsy, Human Immunodeficiency Virus (HIV) infection, multiple sclerosis, muscular dystrophy, major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive compulsive disorder, and schizophrenia.[7] Other mental or physical health conditions also may be disabilities, depending on what the individual's symptoms would be in the absence of "mitigating measures" (medication, therapy, assistive devices, or other means of restoring function), during an "active episode" of the condition (if the condition is episodic).[7]
A person’s method(s) of communication are also key. For example, sign language interpreters are effective only for people who use sign language. Other methods of communication, such as those described above, are needed for people who may have lost their hearing later in life and do not use sign language. Similarly, Braille is effective only for people who read Braille. Other methods are needed for people with vision disabilities who do not read Braille, such as providing accessible electronic text documents, forms, etc., that can be accessed by the person’s screen reader program.
WAVE is a suite of evaluation tools that help authors make their web content more accessible to individuals with disabilities. WAVE can identify many accessibility and Web Content Accessibility Guideline (WCAG) errors, but also facilitates human evaluation of web content. Our philosophy is to focus on issues that we know impact end users, facilitate human evaluation, and to educate about web accessibility.

Pax was born in the kennels of The Seeing Eye in the beautiful Washington Valley of New Jersey in March 2000. He lived with a puppy-raiser family for almost a year where he learned basic obedience and was exposed to the sights and sounds of community life—the same experiences he would soon face as a guide dog. He then went through four months of intensive training where he learned how to guide and ensure the safety of the person with whom he would be matched. In November 2001 he was matched with his handler and they worked as a team until Pax’s retirement in January 2012, after a long and successful career. Pax retired with his handler’s family, where he lived with two other dogs. His life was full of play, long naps, and recreational walks until his death in January 2014.
A critical and often overlooked component of ensuring success is comprehensive and ongoing staff training. Covered entities may have established good policies, but if front line staff are not aware of them or do not know how to implement them, problems can arise. Covered entities should teach staff about the ADA's requirements for communicating effectively with people who have communication disabilities. Many local disability organizations, including Centers for Independent Living, conduct ADA trainings in their communities. The Department’s ADA Information Line can provide local contact information for these organizations.
If your hotel used responsive web design when creating your online marketing strategies, you’re already meeting many of the ADA compliant regulations for hotel websites. You will still need to make some changes, but you definitely have a head start. Making the changes now, before your business is the target of a lawsuit or government action, makes good business sense.   
Poorly designed websites can create unnecessary barriers for people with disabilities, just as poorly designed buildings prevent some people with disabilities from entering. Access problems often occur because website designers mistakenly assume that everyone sees and accesses a webpage in the same way. This mistaken assumption can frustrate assistive technologies and their users. Accessible website design recognizes these differences and does not require people to see, hear, or use a standard mouse in order to access the information and services provided.

In 1998, Congress amended the Rehabilitation Act to require federal agencies to make their electronics and information technology accessible to people with disabilities. It was enacted to eliminate barriers in information technology, to make available new opportunities for people with disabilities, and encourage development of technologies that will help achieve these goals. This pretty much states that agencies and companies must give their employees and members of the public with disabilities access to information that is comparable to the access available to others.


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.
In some circumstances, longer and more detailed text will be necessary to convey the same meaningful information that other visitors to the website can see. For example, a map showing the locations of neighborhood branches of a city library needs a tag with much more information in text format. In that instance, where the map conveys the locations of several facilities, add a “longdesc” tag that includes a text equivalent description of each location shown on the map – e.g., “City Center Library, 433 N. Main Street, located on North Main Street between 4th Avenue and 5th Avenue.”

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]


Signed in 1990 at a time that most people hadn’t even used the Internet, the Americans with Disabilities Act does not explicitly regulate how websites need to follow nondiscrimination requirements. We now know that using the Internet is one of the most important ways for people with disabilities to fulfill their needs and desires. For many people with disabilities, especially impairments to sight and motion, visiting a store or other physical location can be a challenging experience. Online shopping, for example, allows people with disabilities to make the purchases they need easily and securely within the comfort of their own homes.
IDEA Complaints - Parents can request a due process hearing and a review from the state educational agency if applicable in that state. They also can appeal the state agency’s decision to state or federal court. You may contact the Office of Special Education and Rehabilitative Services (OSERS) for further information or to provide your own thoughts and ideas on how they may better serve individuals with disabilities, their families and their communities.
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