Web accessibility refers to the inclusive practice of making websites usable by people of all abilities and disabilities. When sites are correctly designed, developed, and edited, all users can have equal access to information and functionality. Title III of the Americans with Disabilities Act (ADA) requires businesses to provide disabled individuals the same access as non-disabled individuals. Title III has been found to apply to websites that are in the activities of places of "public accommodations". These are businesses that are generally open to the public and that fall into one of 12 categories listed in the ADA, such as restaurants, movie theaters, schools, day care facilities, recreation facilities, and doctors' offices.
Examples of Worrisome Web Accessibility Features
- Auto Play Videos
- Strobe Like Effects
- Decorative Graphics
- Flashing Graphics
- Captcha Programs
According to an article on JD Supra, ADA Title III lawsuits increase by 37 percent in 2016 and 14 percent in 2017. Since lawsuit trends continue to rise, it is important for businesses to become familiar with the WCAG Level AA standards and determine whether there might be website or other accessible measures that would improve accessibility for disabled users and avoid costly litigation.
by Andrew J. Baer
Andrew J. Baer is a member of the Commercial Litigation and Labor & Employment teams defending clients against claims of professional liability and labor and employment litigation.