The digital world is increasingly subject to the same accessibility standards as the physical world. Title III of the Americans with Disabilities Act (ADA) requires that “places of public accommodation” be accessible to people with disabilities. This includes websites, not just brick-and-mortar businesses. As a result, lawsuits alleging ADA violations due to website accessibility issues have skyrocketed in recent years. From 2017 to 2022, nearly 14,000 web accessibility lawsuits were filed, with over 3,000 in 2022 alone.
Who’s at Risk?
No business is immune. E-commerce companies, government agencies, educational institutions, and businesses of all sizes have been targeted. While some lawsuits are filed with genuine intent to improve digital accessibility, others are driven by the pursuit of financial settlements.
How to Mitigate Legal Risk
The best defense is a good offense. Proactive measures to ensure your website conforms to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA are crucial. Here’s how to get started:
- Technical Foundation: Address common issues like missing alt text for images, proper labels, functional links, and accurate page titles. You should be able to use the keyboard to navigate the site without use of a mouse. It’s also important to ensure compatibility with assistive technologies like screen readers.
- User Testing: Automated scans are helpful, but real-world testing with provides invaluable insights into the actual user experience.
- Ongoing Commitment: Digital accessibility is an ongoing process. Regular monitoring, updates, and maintenance are essential to stay compliant.
Need Help?
Achieving and maintaining compliance with the ADA and other global digital accessibility laws is an ongoing process. The digital landscape is ever-evolving, as are the needs of your users and customers. Lasting compliance requires a commitment to ongoing monitoring, updates, and a proactive approach to accessibility.
Fab Brands specializes in building accessible websites and offers comprehensive audits and remediation services to help your business meet WCAG standards. We also recommend including an accessibility statement on your website to demonstrate your good-faith effort to provide an inclusive online experience. It will provide users with a channel to report emerging concerns, allowing you an opportunity to address any issues before legal action could be taken.
By prioritizing accessibility, you not only mitigate legal risk but also create a more welcoming and user-friendly online environment for everyone. Contact beth@fab-brands.com today to learn more about our accessibility services and how we can help you create a more inclusive digital presence.
