Why Should You Be Concerned?
As a business owner, web accessibility should be top of your mind. Why? Because businesses of all sizes face legal risk due to the rise in web accessibility lawsuits.
What is WCAG?
WCAG stands for the Web Content Accessibility Guidelines (WCAG 2.1) which are primarily important to streamlining and impacting web accessibility policy for all. The WCAG was created by the World Wide Web Consortium, also called the W3C. According to Tim Berners-Lee, W3C Director and inventor of the World Wide Web, "The power of the Web is in its universality. Access by everyone regardless of disability is an essential aspect." At it's fundamental level, WCAG is all about making the web more accessible to people with disabilities by enabling them to participate equally online. In other words, your website(s) and web tool(s) should not exclude people (with disabilities) from using your products and services.
Interestingly, while WCAG has no legal authority, (it is not a set of laws that can be enforced), it has nonetheless become the global standard and is acknowledged as the most important accessibility guidelines and is enforced to varying degrees by most major countries. In fact, many governments have adopted it as the standard for their accessibility regulations. Therefore, WCAG compliance is the best means for your company to achieve compliance with most worldwide legislations.
What is ADA?
ADA stands for the Americans with Disabilities Act. It was signed into law by President George Bush in 1990, and it’s America’s most important law regarding accessibility and civil rights for people with disabilities, including web accessibility. At the heart of ADA is prohibiting discrimination against anyone based on ability or disability.
The ADA legislation is very broad and covers a lot of different aspects of accessibility for people with disabilities. The part of the ADA that affects the way that businesses serve customers is called “Title III”.
You might be wondering, "Does the Americans Disability Act apply to small businesses, medical practices, coaches, consultants, authors, and speakers, or is it only for large corporations?"
In simple terms, if you have a website, any website or tool where people access content, products, programs, and services on the web, then yes, even small businesses are required to comply with the ADA.
In fact, according to ADA Title III, every business, no matter how big or small, has to be accessible for people with disabilities. This concerns small businesses, right down to large corporations.
You might also be wondering, "But isn't ADA applicable only to public spaces?" Fair enough, but consider the reality of disability rights activists, legal scholars, and court rulings have agreed that online websites are covered by ADA Title III. Additionally, in 2018 the Department of Justice clearly stated that websites are indeed places of public accommodation. Click here to read the 2-page letter from Stephe E. Boyd, Assitant Attorney General on the same.
Therefore, ADA Title III applies both to physical access and digital access. Today, U.S. courts apply ADA accessibility requirements to the online domain, which means that websites, including yours, should comply with ADA rules. So, does your website supports accessibility technology? Are you WCAG & ADA compliant?
NO ONE IS IMMUNE. NOT EVEN CELEBRITIES!
ADA Compliance Lawsuits are On the Rise!
This LA TIMES article makes it clear that lawsuits targeting websites over ADA compliance are on the rise. In that case it was the Avanti Hotel but even celebrities like Beyoncé and Kylie Jenner got hit with ADA lawsuits. Big brands like Dunkin’ Donuts and Domino’s Pizza were also sued for on ADA accessibility grounds. The case of the latter even rose to the Supreme Court, which ruled in favor of the plaintiff.
As you can see, it doesn't matter which industry you're in. Ecommerce businesses, restaurants, automotive dealerships, mechanic shops, banks, hospitals, private practices, schools, and churches --- every business will eventually have to comply or you run the risk of being caught up with unnecessary legal battles and hefty fines.
Don't be a sitting duck. Don't pay the high price of non-compliance when you can enjoy peace of mind by implementing our solution in just about 5 minutes.
Image of Beyonce by David Mark at https://pixabay.com/images/id-79551.
*(A $1,600 Value)
Join the Growing List of Companies that are Bringing their Website into Compliance Using Our Accessibility Widget.
* If you're tempted to not take this seriously, think again!
ATTENTION WEBSITE OWNER
The current legal environment in the US makes it advantageous for anyone with disabilities to sue businesses under ADA Title III. The ADA makes it clear that the defendant automatically has to pay the plaintiff’s legal fees, so a disabled user has nothing to lose by filing a lawsuit. Plus, the majority of ADA Title III lawsuits rule in favor of the plaintiff.