Written by Martins Svikkalns
The Rise of ADA Lawsuits: Protect Your Business with Accessibility Audits
In today’s digital age, having an online presence is crucial for businesses of all sizes. However, with the increasing reliance on websites and mobile applications, a new legal threat has emerged: accessibility lawsuits. These lawsuits, filed under the Americans with Disabilities Act (ADA), have seen a dramatic rise in recent years, targeting businesses whose websites fail to meet accessibility standards. In this post, we’ll explore why accessibility matters, the legal landscape surrounding it, and how regular UX and accessibility audits can protect your business from potential litigation.
The Growing Trend of ADA Lawsuits
The number of ADA Title III lawsuits filed in federal courts has been steadily increasing over the past decade. In 2020 alone, despite the global pandemic, there were over 10,000 ADA Title III lawsuits filed, with a significant portion related to website accessibility. This trend shows no signs of slowing down, making it more important than ever for businesses to prioritize digital accessibility.
Read more about ADA Title III lawsuit statistics
Understanding the Legal Landscape
The Americans with Disabilities Act (ADA)
The ADA, enacted in 1990, prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. While the ADA predates the widespread use of the internet, courts have consistently interpreted Title III of the ADA to apply to websites and mobile applications.
Learn more about the ADA and its implications for web accessibility
Web Content Accessibility Guidelines (WCAG)
While the ADA doesn’t provide specific technical standards for website accessibility, courts often refer to the Web Content Accessibility Guidelines (WCAG) as a benchmark. WCAG, developed by the World Wide Web Consortium (W3C), provides a set of recommendations for making web content more accessible to people with disabilities.
European Accessibility Laws
It’s not just the United States that’s focusing on digital accessibility. The European Union has also taken steps to ensure web accessibility through legislation such as the European Accessibility Act (EAA) and the Web Accessibility Directive.
Read about the European Accessibility Act
The Rise of “Drive-By” Lawsuits
One of the most concerning trends in ADA litigation is the rise of so-called “drive-by” lawsuits. These lawsuits are often filed by a small group of plaintiffs and their attorneys who systematically target businesses with inaccessible websites. They may use automated tools to scan websites for accessibility issues and then file lawsuits against non-compliant businesses, often without any prior notice or attempt to resolve the issue informally.
While some argue that these lawsuits help enforce accessibility standards, others view them as predatory, exploiting businesses that may be unaware of accessibility requirements or lacking the resources to quickly address them.
The Cost of Non-Compliance
The financial impact of an ADA lawsuit can be significant. Businesses may face:
- Legal fees and settlements
- Costs associated with quickly remediating accessibility issues
- Damage to brand reputation
- Loss of potential customers with disabilities
In many cases, the cost of proactively addressing accessibility issues is far less than the potential cost of litigation.
Benefits of Accessibility Beyond Legal Compliance
While avoiding lawsuits is a compelling reason to prioritize accessibility, it’s far from the only benefit. Accessible websites often provide:
- Improved user experience for all users, not just those with disabilities
- Enhanced SEO performance, as many accessibility best practices align with SEO best practices
- Broader market reach, tapping into the significant population of users with disabilities
- Demonstration of corporate social responsibility
The Role of UX and Accessibility Audits
Regular UX and accessibility audits play a crucial role in protecting your business from potential ADA lawsuits while also improving your overall digital presence. These audits typically involve:
- Comprehensive evaluation of your website or application against WCAG guidelines
- Identification of potential accessibility barriers
- Recommendations for remediation
- User testing with individuals who have disabilities
By conducting regular audits, businesses can:
- Proactively identify and address accessibility issues before they become legal liabilities
- Demonstrate a good-faith effort to comply with accessibility standards
- Continuously improve the user experience for all visitors
- Stay ahead of evolving accessibility standards and best practices
Key Areas to Focus On
While a comprehensive accessibility audit will cover all aspects of your digital presence, some key areas to focus on include:
- Alternative Text for Images: Ensure all images have descriptive alt text for screen reader users.
- Keyboard Navigation: Make sure all functionality is accessible without the use of a mouse.
- Color Contrast: Ensure sufficient contrast between text and background colors.
- Form Labels: Properly label all form fields for screen reader users.
- Video Captions: Provide captions for all video content.
- Semantic HTML: Use proper heading structure and semantic HTML elements.
- Responsive Design: Ensure your site is usable on various devices and screen sizes.
The Importance of Ongoing Maintenance
It’s important to note that accessibility is not a one-time fix. As your website evolves and new content is added, new accessibility issues can be introduced. Regular audits and ongoing maintenance are crucial to maintaining compliance and providing a consistently accessible experience.
Choosing an Accessibility Audit Partner
When selecting a partner for UX and accessibility audits, look for a provider that:
- Has a deep understanding of both WCAG guidelines and ADA legal requirements
- Employs a team of experts, including those with disabilities
- Uses a combination of automated tools and manual testing
- Provides clear, actionable recommendations for remediation
- Offers ongoing support and education
Conclusion: An Ounce of Prevention
In the face of rising ADA lawsuits, the old adage “an ounce of prevention is worth a pound of cure” has never been more relevant. By investing in regular UX and accessibility audits, businesses can protect themselves from potential legal action while also improving their digital presence for all users.
Don’t wait until you’re facing a lawsuit to address accessibility. Take proactive steps today to ensure your website is compliant, inclusive, and user-friendly for all. Your business’s reputation, financial health, and commitment to social responsibility all stand to benefit.
Remember, creating an accessible website isn’t just about avoiding lawsuits—it’s about opening your digital doors to everyone, regardless of ability. In doing so, you’re not only protecting your business but also contributing to a more inclusive digital world.