In recent years, there has been a significant increase in the number of lawsuits filed against businesses for failing to comply with the Americans with Disabilities Act (ADA) when it comes to website accessibility.
While the ADA was originally enacted in 1990 to prohibit discrimination against individuals with disabilities in areas of public accommodation, its scope has expanded to include websites as digital spaces that must be accessible to everyone, including those with disabilities.
The rising tide of ADA website accessibility lawsuits
According to statistics from the law firm Seyfarth Shaw, the number of website accessibility lawsuits filed in federal court has skyrocketed from just a handful in 2015 to over 2,500 in 2021.
In 2023, over 3,000 federal ADA website lawsuits and just over 1,500 state suits were filed. This is according to UsableNet.com which tracks these lawsuits and publishes details and trends in an annual report.
This trend shows no signs of slowing down, as plaintiffs’ attorneys have recognized the potential for lucrative settlements and damages awards.
Settlements for the suits often range from about $2,000 to tens of thousands of dollars. Bigger businesses can pay fines of hundreds of thousands. For instance, in January 2024, Medstar Health agreed to a settlement of $440,000 after it was sued by the U.S. Government.
In 2027, a visually impaired visitor sued the developers of the California Department of Parks & Recreation website and won a settlement of over $2 million.
The primary argument behind these lawsuits is that businesses with inaccessible websites are effectively discriminating against individuals with disabilities, such as those with visual, hearing, or motor impairments, by denying them equal access to goods, services, and information available online.
Meanwhile, business owners who often know nothing about the ADA requirements, state that they are the target of opportunistic people, looking to make a quick dollar.
Whatever the reason is, the fact is that it is almost impossible to win an ADA website suit if your business has made no verifiable efforts to put accessibility measures in place.
Compliance with Web Content Accessibility Guidelines (WCAG)
While the ADA itself does not provide specific technical standards for website accessibility, most courts have looked to the Web Content Accessibility Guidelines (WCAG) developed by the World Wide Web Consortium (W3C) as the benchmark for compliance. WCAG outlines a set of principles and guidelines for making web content more accessible to people with disabilities, covering areas such as providing text alternatives for non-text content, ensuring keyboard accessibility, and supporting assistive technologies like screen readers.
The consequences of non-compliance
Businesses found in violation of the ADA for having inaccessible websites can face significant penalties, including costly settlements, damages awards, and ongoing monitoring and reporting requirements. Even if a lawsuit is successfully defended, the legal fees and resource drain can be substantial.
Moreover, non-compliance with website accessibility standards can also result in lost business opportunities, as individuals with disabilities may be unable to access products, services, or information offered online. This not only represents a potential loss of revenue but also goes against the principles of inclusivity and equal access that the ADA aims to protect.
Some notable ADA website accessibility lawsuits in Massachusetts
Harvard University and Massachusetts Institute of Technology (MIT)
Harvard University and Massachusetts Institute of Technology (MIT) were sued in 2015 by the National Association of the Deaf for failing to provide closed captioning for online video content. The lawsuit resulted in a settlement agreement requiring the universities to make their online content accessible.
Roche Bros. Supermarkets,
In 2019, a blind individual filed a lawsuit against the Massachusetts-based grocery chain Roche Bros. Supermarkets, alleging that their website was not fully accessible to individuals who are blind or have visual impairments.
Wyndham Hotels & Resorts
The Massachusetts-based hotel chain Wyndham Hotels & Resorts was sued in 2020 by a visually impaired individual who claimed the company’s website and mobile app were not fully accessible.
While these examples provide insight into the types of businesses targeted and the nature of the lawsuits, it’s important to note that website accessibility lawsuits can potentially affect businesses of all sizes and across all sectors in Massachusetts and beyond.
The best approach for businesses is to proactively assess and improve the accessibility of their websites and digital platforms to ensure compliance with the ADA and avoid potential legal actions.
Proactive steps for businesses
To mitigate the risk of ADA website accessibility lawsuits and ensure compliance, businesses should take proactive steps to assess and improve the accessibility of their online presence. This may involve conducting accessibility audits, implementing WCAG guidelines, and providing ongoing training and resources to web development teams.
My agency, Artist Dynamix, is a provider of website accessibility services for businesses in Western Massachusetts and beyond. Our top package also includes regular accessibility reports for your website which act as evidence in the case of a lawsuit.
Through our partners, we also offer legal assistance for businesses that deploy our accessibility widget on their website and then get sued.
Another step businesses can take is to adopt an accessibility statement or policy that outlines their commitment to ensuring equal access for all users, including those with disabilities.
By prioritizing website accessibility, businesses not only reduce their legal risk but also demonstrate a commitment to inclusivity and ethical business practices.
A third victory comes from enabling access for the 20% of people who cannot access websites like most people due to a disability or cognitive condition. Adding accessibility to your website opens your services and products up to this market segment which represents millions of dollars in purchasing power.
CONTRIBUTOR
Fungai Tichawangana
Fungai 'Your Web Guy' Tichawangana is an entrepreneur, web developer, and writer. He is the founder of Artist Dynamix, a digital marketing agency based in Amherst MA, which helps businesses and creative entrepreneurs take off & fly. Artist Dynamix specializes in website development & management and search engine optimization. The agency's projects include Inc413, Valley of Writers, and Literary Massachusetts. When you see him put his hand up, he is reaching for the sky.
