Important Information Regarding ADA Website Lawsuits
Learn the ins and outs of ADA Website compliance rules and how to safeguard your website and business from potential legal action.
Few things are more stressful than being involved in a lawsuit, and instances involving the Americans with Disabilities Act of 1990 (ADA) have their own set of difficulties. Additionally, the number of such cases has increased by more than 300 percent over the previous several years.
Finding information that helps you understand what you’re up against is important whether you’re just starting out and attempting to estimate your total exposure to risk, responding to a demand letter, or actively defending yourself against an ADA website case in court.
Here, we’ve sorted through the noise and highlighted the key information regarding ADA website compliance litigation.
Here, we’ll break out the applicable legislation and offer advice on how to defend yourself against such a claim.
Information Crucial to Understanding ADA Website Lawsuits
It’s vital to keep in mind that the Americans with Disabilities Act (ADA) isn’t just any old statute when discussing cases involving ADA website compliance.
It’s a civil rights legislation, therefore it protects people from being treated unfairly because of their handicaps in five different areas of contemporary American society (called “titles”).
Public Sector Enterprises (also known as places of public accommodation)
In addition to federal statutes and rules, the United States also (miscellaneous provisions)
The ADA is a “strict liability” statute because violating a person’s civil rights inherently harms the integrity of American democracy.
Legally speaking, if someone causes you harm, it doesn’t matter if you were at fault or not. Strict-liability legislation precludes the raising of any possible defenses in the event of a violation. You have no legitimate excuses, such as ignorance of the rules or lack of malice.
You will be required to make your website ADA compliant if you are found liable in a lawsuit about the accessibility of your website to people with disabilities.
Ways to Avoid Litigation Concerning Americans with Disabilities Act (ADA) Website Compliance
There should be no slack in ensuring ADA compliance. Either your site conforms with the law, or it doesn’t.
To guarantee your site does not discriminate against individuals with disabilities, you should attempt to adhere to WCAG 2.0 AA, which comprises 38 criteria that must be satisfied — 25 items from the level-A standards and 13 more demanding AA items.
To better illustrate the requirements, below are five examples to meet the criteria:
Establishing a textual equivalent for every media with no textual equivalent (pictures, form fields, video, audio, etc.).
Not relying solely on color to draw attention, motivate an action, express meaning, or differentiate between visual elements on the page.
Make sure everything on the site can be done using a keyboard interface.
Titles should accurately reflect the content or function of each page.
Making sure the site’s navigational components are consistent and predictable across every page.
Since a single website can have hundreds of thousands of errors, you may want to run your URL through a compliance scanner if you are unsure of your site’s ADA compliance and lack the resources or expertise to verify conformity with the 38 WCAG 2.0 level-AA criteria on your own.
To help you avoid legal trouble and get back to doing what you do best, Local Power SEO can assess whether your website poses a legal risk and provide quick and easy ADA compliance solutions to make your site accessible to everyone.
With an ADA compliant website, you can provide equal access to your online content for all page visitors. Get in touch today.