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Web Accessibility Laws
Web accessibility laws may not always be top of mind, but the risks of noncompliance are significant. The internet has made it possible for people with disabilities to access goods, services, and information more easily than ever. Ignoring accessibility laws for websites can result in costly web accessibility lawsuits for discrimination.
This page explains what web accessibility legal requirements entail, why they are crucial for businesses, organizations, and government agencies, and how EqualWeb can streamline the process of achieving compliance with minimal hassle.
We can get your website accessible and compliant in no time. Immediately contact one of our web accessibility experts for a FREE consultation, no strings attached.
What does it mean to have your website accessible?
Just as existing laws require physical accommodations like handicapped parking spaces, accessible ramps, and designated paths into buildings, accessible websites are essential for individuals with disabilities. These digital spaces must cater to various impairments, including visual and auditory challenges, but accessibility extends to other needs as well.
Currently, there are several standards and regulations that demand website compliance, including the ADA, WCAG, Section 508, AODA, EN 301549, EAA, IS 5568, and more. These frameworks ensure that websites are inclusive and functional for all users.
As long as your website does not meet these web accessibility legal requirements, your business faces potential litigation risks. Ensuring compliance is not only about inclusivity but also about protecting your business from legal repercussions.
U.S. laws make it very difficult for businesses and organizations to defend against disability-related non-discriminatory lawsuits.
Under Title III of the Americans with Disabilities Act (ADA), prior warning or dialogue with the non-compliant business is not required.
Moreover, actual harm or demonstration of inaccessibility to a disabled person is not a prerequisite to filing a suit. As most websites are not compliant, and only a click away from anyone in the world, the Internet has virtually turned into the Wild Wild West of litigation.
And if that wasn’t enough, ADA legislation permits plaintiffs who win in court to recover their attorney’s fees while nullifying this right from prevailing defendants. This only increases the incentive to file lawsuits and pushes businesses toward early settlements outside the court in order to mitigate financial damages.
Being unaware of the law, displaying good faith, or even fixing the accessibility issue under contention is not sufficient to defend against an ADA violation. Target paid $6 million in 2008 to settle a class-action suit against its commercial website, and an additional $4 million to its own legal defense and plaintiffs’ attorneys’ fees.
Small and midsize businesses are not likely to face these kinds of figures, but even several thousand can have a detrimental effect on the business’s future.
Government agencies at the federal, state, and local levels, as well as recipient organizations and institutions of federal funds such as universities and colleges, associations, and voluntary organizations, are required to comply with Web accessibility standards.
How likely are you to get hit by a disability-related claim?
In 2020, ADA federal lawsuits passed the 11,000 mark nationwide. That’s more than 30 cases per day. And pre-litigation demand letters, resulting in private settlements, are estimated to be much higher.
After hovering under the radar for the most part of the last two decades, Web accessibility-related lawsuits exploded since 2017—following the Department of Justice’s labeling of websites as places of “public accommodations,” requiring ADA compliance—bringing the inaccessible virtual world into the forefront of the legal system.
Who is liable?
In spite of regulation ambiguity, the simple answer is: everyone.
The vast majority of websites are not fully compliant, putting them at major legal risk. Furthermore, achieving full compliance can be a tedious task, modifying website codes while costing a fortune (up to tens of thousands of dollars).
The good news, however, is that EqualWeb provides easy, automatic, and cost-effective solutions to all business sizes, with its state-of-the-art technology, compliance experts, and various plans tailored for each need.
Web accessibility compliance
Let us make it rather simple for you. There are many compliance requirements that stem from different laws and regulations, but they all boil down to conformance against WCAG standards.
