Americans with Disabilities Act
The federal Americans with Disabilities Act (ADA) require certain businesses to make accommodations to people with disabilities, including such measures as wheelchair accessibility to physical locations, access for service animals and the use of braille. In addition to these physical considerations, In most Jurisdictions, Title III of the ADA requires businesses to maintain an accessible website.
REMEMBER… ADA Compliance of your website is required in most jurisdictions under Federal Case Law
Case Domino’s Pizza vs Guillermo Robles
The case was originally brought by a blind man named Guillermo Robles, who sued the pizza chain after he was unable to order food on Domino’s website and mobile app despite using screen-reading software.
A panel of the 9th U.S. Circuit Court of Appeals sided with Robles, writing that the “alleged inaccessibility of Domino’s website and app impedes access to the goods and services of its physical pizza franchises—which are places of public accommodation.”
The Supreme Court denied a petition from pizza giant Domino’s to hear whether its website is required to be accessible to the disabled, leaving in place the lower court decision against the company.
Most businesses are required to comply with the Americans with Disabilities Act (ADA)?
Businesses considered “public accommodations” are required to comply with ADA Title III. Essentially, any business that regularly serves the public is considered a public accommodation.
Here is a list of some public accommodations:
- Inns, hotels, and motels
- Restaurants and bars
- Bakeries and grocery stores
- Any sales/retail outlet
- Social service centers
- Laundromats and dry cleaners
- Accountants and lawyers’ offices
- Health care providers’ offices
- Public transportation
- Recreation venues
- And more
Liability for failure to comply:
Failing to comply with the ADA means your business is susceptible to lawsuits, and it’s common for attorneys to seek out non-compliant businesses both in the physical and digital space.
The costs of an ADA lawsuit can add up quickly. Other than a business being forced to comply, which is costly, the business will have to pay for their attorney’s fees and the attorney’s fees and expert cost of the plaintiff. This can run into the tens of thousands of dollars. Depending on the size of your business and size of your website the cost could go into the hundred of thousands of dollars which would include remediation of your website to attain full compliance.
If your business has a website, you need to know if it is fully ADA compliant and accessible.
You can use our EZ Check app. to check your websites compliance and accessibility or Call Us at (833) 232-9321 and speak with one of our experts and explore your options.
The bottom line is that remediating your website to be ADA compliant insulates your business from being targeted by lawsuits.
Section 508 of the Rehabilitation Act of 1973
If you are doing business with the government or maintaining electronic and information technology as a government entity, your digital content must be accessible and compliant to all end users. By law you must comply with Section 508 of the Rehabilitation Act of 1973.