Supreme Court Ruling in ADA Compliance for Websites (October 2019)
The Supreme Court justices turned down an appeal from Domino’s and let stand a U.S. 9th Circuit Court of Appeals ruling stating that the Americans With Disabilities Act protects access not just to restaurants and stores but also to the websites and apps of those businesses.
According to the LA Times, the number of ADA non-compliance lawsuits filed against websites jumped 90 percent from 1,053 to more than 2,000 in 2017 to 2018 respectively. Winn-Dixie Stores Inc., Domino’s Pizza Inc., Harvard University, and MIT have all been on the receiving end of a web accessibility lawsuit.
Many speculate that this ruling could set a precedent for judges nationwide and create a mass litigation scenario where legal firms target any ‘out of compliance” business that falls under the category of public accommodation (ADA compliance).
Is Your Business or Organization at Risk?
Improving accessibility on your business website and other digital properties isn’t just a smart business decision; it’s may now be a legal obligation. Now is the time to be pro-active and take things to the next level regarding ADA website compliance
The Americans with Disabilities Act (ADA) requires businesses to make reasonable accommodations for those with recognized disabilities.
Title I of the ADA covers areas of private employment and requires eligible businesses to provide employees with equal opportunity to enjoy privileges of employment. It also prohibits discrimination based on disability.
Title III of the ADA focuses on private and public entities that are considered “public accommodations,” and requires that businesses not discriminate against customers based on disability, including providing reasonable access. (FindLaw)
Under Title I of the ADA, any business with 15 or more employees that operate over 20 weeks of the year are covered by the ADA along with businesses that fall under Title III, those categorized as “public accommodation”.
“Public accommodation” includes:
Sales and Retail Outlets | Healthcare Providers | Accountants and Lawyers | Schools | Inns, Hotels, and Motels | Restaurants and Bars | Bakeries and Grocery Stores | Banks | Laundromats and Dry Cleaners | Recreation Venues | Gyms
The US 9th Circuit Court decision has determined that websites and apps for businesses are covered by the ADA which strongly suggests that businesses falling under Title I or Title III must make a reasonable effort to ensure their online presence is accessible.
How Do I Know if My Website is Compliant?
Currently, the standards and guidelines as they apply to websites and evolving, and there are no clear website or app accessibility guidelines. However, this doesn’t protect businesses from litigation.
Killerwebsites.com provides ongoing website scanning and integrated usability tools for users to help prevent compliance issues. Ongoing updates are made to your website to make it accessible to the blind, deaf, and those who must navigate by voice, screen readers, or other assistive technologies.
Killerwebsites.com is helping business owners take a pro-active preventative action regarding ADA compliance with website codebase monitoring, privacy, and compliance disclaimers, user issues reporting and overall compliance updates as needed.
ADA Monitoring enables you to be one step ahead in order to prevent any penalties associated with ADA compliance, including lawsuits, financial penalties, and loss of brand reputation.
How can I start ADA Compliance and Monitoring?
Killerwebsites.com will work to determine needs, update your website and show, that in good faith, your business is taking the right steps to meet accessibility requirements for all users. If you are interested in learning more about our website compliance and monitoring services, please fill out the form below: