How to Navigate ADA Compliance and Website Accessibility Lawsuits
How to Navigate ADA Compliance and Website Accessibility Lawsuits
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With ADA lawsuits on the rise, businesses must take proactive steps now to minimize their risks. Below, you’ll learn how to avoid an ADA lawsuit and website accessibility lawsuits. You’ll also learn the best steps to take if you’re currently facing a lawsuit.
Originally Published on January 31, 2024
2024 saw a meaningful increase in federal Americans with Disabilities Act (ADA) Title III lawsuits from 2023, according to Seyfarth Shaw.
Factors behind the lawsuits range from poor color contrast, lack of text alternatives, inaccessible online forms, lack of assistive technology compatibility, and a myriad of other issues. Regardless, each of these issues prevents individuals with disabilities from accessing and using digital content — a violation of ADA Title III. Organizations wishing to avoid hefty legal fines and damage to their reputation need to adhere to ADA compliance standards for website accessibility.
Below, you’ll learn the accessibility standards you must meet under the Web Content Accessibility Guidelines (WCAG) to be ADA-compliant, who files lawsuits for ADA non-compliance, and how to successfully defend against these lawsuits. You’ll also learn how to avoid ADA website accessibility lawsuits and minimize your legal and financial risk.
Understanding ADA Website Compliance
The ADA was created to prohibit discrimination against individuals with disabilities. The act later added Title III, which prohibits discrimination in places of public accommodation, which the U.S. Department of Justice (DOJ) has stated includes websites. ADA compliance differs from Section 508 compliance as Section 508 applies to federal agencies and organizations that receive federal funding. More simply, the ADA applies to all private organizations.
As mentioned above, more than 4,800 accessibility lawsuits were filed against organizations that failed to comply with ADA accessibility guidelines in 2024. Some of these lawsuits resulted in hefty fines and permanent damage to reputation. Initial fines for ADA violations start at $55,000 for the first violation and $150,000 for every subsequent violation. This includes attorney’s fees, plaintiff costs, and the money needed to make your digital content accessible.
To avoid this, organizations need to ensure their digital offerings — including website content, mobile apps, videos, online documents, and forms — conform to WCAG 2.1 Level AA and meet additional website accessibility requirements outlined in the ADA.
What is WCAG 2.2?
The ADA itself does not have technical standards for web accessibility. Rather, the act requires sites to be accessible. To create accessible websites, the DOJ has recommended businesses follow WCAG requirements, which is a list of guidelines created and published by the World Wide Web Consortium (W3C).
The latest version of WCAG, WCAG 2.2, was released in August 2023 and includes 9 new success criteria, bringing the total number of success criteria to 87. Each success criteria caters to one of WCAG’s four principles:
- Perceivable: All information on a website is presented in a way users can understand. More simply, content should not be invisible to any of a user’s senses.
- Operable: Users should be able to easily navigate and operate a website, whether on their own or through assistive technologies like screen readers.
- Understandable: The information and how to use a website should be easily understood.
- Robust: Digital content and interfaces should be robust enough to be interpreted by various users, including assistive technologies.
In addition to these four principles, WCAG 2.2 requirements are sorted into three levels of conformance:
- Level A is the minimum requirement for accessibility and is typically the easiest to fulfill.
- Level AA conformance results in a website that is accessible to most users. Level AA also includes all Level A criteria.
- Level AAA is the highest level of accessibility and the most difficult to fulfill. It also contains criteria from Level A and Level AA. Most companies pick and choose Level AAA criteria to follow depending on their specific audience and needs.
For organizations to be considered ADA compliant, they must meet Level AA guidelines.
Common Accessibility Issues that Lead to Lawsuits
Organizations fall into the same traps around website accessibility that result in web accessibility lawsuits. Among the most typical issues that lead to legal action include:
- Lack of screen reader compatibility
- Poor navigation structure
- Missing or non-descriptive alt text for images
- Inability to decrease font size or change color contrast levels
- Inability to use keyboard shortcuts for navigation
- Inaccessible online documents, forms, or buttons.
According to recent trends, accessibility cases are becoming more common. Major companies like Walmart, Amazon, Domino’s Pizza, and CVS (among others) have faced or are currently facing violations of accessibility laws. We’ll explore some of these lawsuits in more detail below.
Walmart
Walmart has faced numerous lawsuits in the last few years. In 2018, the company was sued by three blind residents from Maryland and the National Federation of the Blind. The lawsuit cited a lack of accessibility in self-checkout kiosks for blind or visually impaired users.
The company faced another lawsuit in 2021 when Tyrone Thompson filed a lawsuit in California claiming Walmart’s website was not compliant with WCAG standards, including HTML issues, poor keyboard navigation, improper link labeling, and more.
Target
One of the more well-known accessibility lawsuits occurred in 2006 against Target. The National Federation of the Blind sued the company due to its lack of accessibility for individuals who are blind. Target eventually settled the lawsuit and paid damages of $6 million, in addition to making necessary accessibility improvements to its digital content.
Netflix
In 2012, the National Association for the Deaf (NAD) filed a lawsuit against the streaming company. The lawsuit stated the streaming service was not accessible for individuals who are d/Deaf or hard of hearing. A judge ruled in favor of NAD, stating that online streaming services were not exempt from ADA requirements and needed to provide accessibility options for individuals with auditory disabilities. Since then, Netflix has provided closed captions for all their streaming content. However, this only occurred after the lawsuit was settled and Netflix paid $755,000 in legal fees.
Stanley Steemer
In 2023, Stanley Steemer was served with a lawsuit from Frangie Espinal in the U.S. District Court for the Southern District of New York. The lawsuit stated that the website was not compatible with screen readers and did not provide blind or visually impaired users with full and equal access to Stanley Steemer’s offerings. As of the time of this writing, the case is still ongoing.
Winn-Dixie
Florida resident Juan Carlos Gil sued the grocery store chain over its inaccessible website. The judge ultimately ruled that because the physical store was required to comply with ADA accessibility standards, the Winn-Dixie website did, too. The grocery store was required to improve accessibility on its site, including ensuring it was compatible with screen readers.
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4 Steps to Avoid an ADA Website Lawsuit
The best way to avoid an ADA lawsuit is to detect and fix accessibility issues on your website and other digital content on a regular basis. Taking proactive steps to make your content more accessible and usable by individuals with disabilities is the best way to minimize your legal risk and protect your business reputation.
Below are four ways to help you better understand the accessibility requirements you need to meet to be ADA-compliant and how to ensure ongoing compliance.
1. Conduct an Accessibility Audit
You can’t enhance your site’s accessibility without knowing where existing accessibility issues lie. Accessibility testing tools like AudioEye’s free Web Accessibility Scanner can help. Our tool scans your digital content for 30 WCAG violations (more than any other tool on the market), giving you a clear starting point for accessibility. AudioEye’s Automated Accessibility Platform then automatically fixes these issues while our team of accessibility experts and individuals with disabilities identify more complex accessibility issues. With AudioEye’s three-pronged approach to accessibility, the path to ADA compliance is faster, easier, and more cost-effective.
2. Implement Continuous Monitoring
Every time your site is updated, or new content is added, you may be creating new accessibility issues. Continuously monitoring and auditing your site ensures ongoing compliance with the ADA and ensures users with disabilities can still navigate your new content.
To ensure you’re staying on top of website updates and evolving accessibility standards, consider using an active monitoring solution. For example, AudioEye’s Active Monitoring provides real-time monitoring of every web page, for every user. Anytime a user loads a page on your website, AudioEye scans your content, allowing you to detect and fix issues before they impact your customers.
3. Invest in Accessibility Training
Understanding the ADA and WCAG accessibility requirements is crucial for all members of your team. Everyone should have at least a basic understanding of digital accessibility guidelines and how to fulfill them in their unique role. To help with this, consider providing accessibility training at least once a year (preferably more). This ensures everyone stays on top of changing accessibility standards and can follow accessibility best practices in their unique role.
4. Create an Inclusive Design
Accessibility should be included in the very beginning stages of the design and development processes. For example, as you’re designing a web page, think about whether or not someone who relies on a screen reader or keyboard navigation can easily navigate your site. If you’re building a form, think about how someone who is blind or who has physical disabilities will complete it. This will help you avoid common accessibility issues and create a more inclusive digital environment.
What to Do if Facing an ADA Website Lawsuit
If you do face an ADA website lawsuit or receive a demand letter, the most important thing is not to panic. Carefully review the claims against you, then get an audit of your website. We recommend partnering with legal experts who specialize in ADA and accessibility compliance. Doing so can increase your chances of a successful defense.
The results provided by a digital accessibility audit can also help you determine whether to fight the claims or settle. Oftentimes, it’s cheaper to settle than to go to trial; however, if you have a valid case and can show you’re working towards ADA compliance, you may have a good chance of winning.
For example, AudioEye provides ongoing legal support in the midst of ADA and website accessibility lawsuits. Our process starts with a detailed risk assessment of your site followed by an Expert Audit conducted by accessibility experts and members of the disability community using assistive technology. Results are compiled into a custom report which determine whether or not the claims against you are true and suggestions for next steps. If issues are true, AudioEye will defend you throughout the entire legal process and help fix found accessibility issues.
One organization that benefitted from AudioEye Assurance was Babylon Marine. AudioEye successfully defended the full-service marina after it received a demand letter, alleging their website had several accessibility issues. AudioEye audited the validity of the claim, verified the issues were false, and demonstrated the marina’s proactive approach to accessibility. The case was ultimately dismissed with a $0 penalty and zero settlement cost.
Learn more about how AudioEye Assurance provides 400% more protection than consulting or automation-only approaches.
Evolving with the Web Accessibility Landscape Using AudioEye
Rather than waiting for an ADA lawsuit to find you, take proactive steps to meeting ADA accessibility standards. And do it with the help of AudioEye.
AudioEye’s powerful accessibility platform combines automation and human-assisted technology to help you detect and fix digital accessibility issues. With our three-pronged approach to accessibility, you’ll achieve industry-leading compliance with accessibility standards, including the ADA and WCAG. We start with a free accessibility scan that identifies 30 WCAG violations while our Automated Accessibility Platform automatically resolves these issues. We supplement this testing with Expert Audits from our team of human experts, streamlining and simplifying your path to ADA compliance.
Maintaining ADA compliance can be challenging — AudioEye makes it easy, giving you peace of mind that your digital content is compliant, accessible, and usable.
Ready to get started? Check your website's accessibility with AudioEye's Website Accessibility Checker.
Want to see AudioEye in action? Schedule a demo today.
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