ADA Compliance: The Legal Side of Accessibility

Learning from others’ experiences with the law.

Open a new browser and log into any online account and the first thing you’ll see is a CAPTCHA test requiring the user to prove they are not a robot. While their purpose is to prevent wrongful activity within the account, these tests can also prove to be prohibitive for people with disabilities. One online provider suggests, “CAPTCHAs require human problem-solving skills — which can be difficult or impossible for users with cognitive disabilities — and often require sensory abilities — which can be difficult or impossible for users who are blind, deafblind, or deaf.”

What was created as a safety gate for some created a barrier for others. Are your current security practices keeping information in or inadvertently keeping some users out?

A CAPTCHA method should be available in a text-based format (either as the main CAPTCHA or as an alternative) that can be converted by a screen reader to braille output. Web developers need to provide accessible forms of verification. It is best to avoid CAPTCHAs altogether, and instead implement smart algorithms that do not require human input.
CREDIT: https://dequeuniversity.com/checklists/web/captcha

This is just one example of how businesses might be impacted by the ADA (American with Disabilities Act). And whether intentional or not, businesses are missing the mark on compliance when it comes to the digital world. The truth is that businesses need to prioritize inclusivity in their online offerings to avoid legal challenges and better serve all customers.

Published in 1990, the ADA is a civil rights law that provides protection against discrimination in all areas of public life, including websites.

To be compliant and accessible, websites are required to follow ADA and Web Content Accessibility Guidelines (WCAG). In recent years, noncompliance has been documented in a growing number of legal cases. Among those cases, e-commerce businesses see the highest number of lawsuits. Coming in at a distant second place is the category of retail and restaurants, and coming in third is the field of education.

According to 3Play Media, “The education industry jumped to number three on the list of industries most targeted by ADA lawsuits in 2023. This movement is unsurprising, given the recent spotlight on accessibility in higher education and a number of high-profile lawsuits against colleges and universities. According to UsableNet’s report, one active plaintiff firm filed 100 of the 104 lawsuits against education organizations in 2023.”
CREDIT: https://www.3playmedia.com/blog/what-does-the-latest-doe-doj-dear-colleague-letter-mean-for-online-accessibility-in-higher-education/

And while large companies comprise the majority of those challenged in court, it is becoming more critical for smaller companies and businesses to take action to make their websites and digital presence fully accessible now that plaintiffs and firms continue to move their attention beyond large e-commerce entities.

What can we learn from court cases?

As the online environment continues to shift toward accessibility, it is important to learn from the lawsuits that are on record. Legal cases involving businesses sued for noncompliance with the Americans with Disabilities Act (ADA) provide several key insights:

1. Understanding Compliance Requirements: These cases clarify the specific accessibility standards required by the ADA, including physical accessibility, effective communication, and reasonable accommodations.
2. Importance of Training: Businesses often learn that employee training on ADA compliance is crucial. This includes educating staff on how to interact with individuals with disabilities and recognizing their rights.
3. Liability Risks: Cases highlight the potential financial and reputational risks of noncompliance, including legal fees, damages, and loss of customer trust.
4. Proactive Measures: Successful cases often show the benefits of proactive compliance measures, such as regular audits, accessibility assessments, and timely modifications to facilities and services.
5. Engagement with the Community: Many cases illustrate the importance of engaging with the disability community to better understand their needs and perspectives, fostering a more inclusive environment.