The simple answer is – Yes. Let me explain. Last year we received an urgent email from a client saying businesses in his sector (healthcare) “are starting to get sued for having websites that are not ADA compliant. (Crazy Huh?)”. While this is true, we reassured him that we have taken steps to ensure that his website is accessible and meets the ADA standards.
Should I worry about ADA-compliance on my website?
You may have heard about lawsuits involving big companies like Netflix, Expedia, Hotels.com, Southwest Airlines, and Target. They have all been sued for having inaccessible websites. Most recently there was the case of retailer Winn-Dixie in the state of Florida. They lost an ADA compliance lawsuit which forced them to make changes to their online presence.
But what about small businesses? Can you be sued for ADA non-compliance? Many law firms have also confirmed an increase in legitimate private lawsuits targeting small businesses that do not have accessible websites. There has also been an increase in “shakedown” lawsuits that claim a business’s website is allegedly not fully accessible to disabled users. The law firm that sent the complaint would be willing to settle the matter for a small fee, thus the “shakedown” for quick cash. Since this is on the rise, it is prudent for all small business owners to be aware of the potential dangers of being non-compliant and the risk of being sued.
What does it mean to be ADA-compliant?
The Americans with Disabilities Act (ADA) mandates that all “places of public accommodation” (all business open to the public) are legally required to remove any “access barriers” that would hinder a disabled person’s access to that business’s goods or services. The consensus right now is that any business considered a “public accommodation” should have an ADA-compliant web presence. This could apply to most business websites allowing the public to be able to use, understand and access easily, just like they would with a physical store presence. The Department of Justice has made it clear that new legal requirements are on the horizon. A final ruling is expected to be announced sometime early in 2018. This will set the official standard for website accessibility that all businesses need to adhere to.
What Happens If You Are Sued or Receive A Demand Letter For Having A Non-Accessible Website?
The law is somewhat ambiguous on whether ADA compliance applies to your website. The other factor also depends on the jurisdiction of the lawsuit. Most ADA lawsuits against businesses who are not compliant are usually private lawsuits for which the only remedies are injunctions that force you to come into compliance plus any attorney fees. Some are clearly “shakedowns” to get the owners to pay a small fee. If the Department of Justice gets involved, then they can also seek additional civil fines and penalties. Many businesses are caught off-guard because they were unaware of these regulations. The best things to do to protect yourself, is to have your website checked and see if you meet the ADA accessibly standards.
How Can I Check To See If My Website Is ADA Compliant ?
