It’s also important to note that many ADA-related lawsuits have been successful, further stressing the urgency of making your website as compliant as possible sooner rather than later. Because there is a clear lack of regulations, companies should not feel secure that courts will rule in their favor, should things escalate to that level. In short, you are probably more than likely required to comply and should take all necessary precautions.
"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."
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.
With roots in the Civil Rights Act of 1964, the Americans with Disabilities (ADA) was enacted in 1990. According to the National Network, it was designed to “prohibit discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public”. ADA law has changed significantly in the past 55 years, with the potential for more changes in the future.