In the digital age, websites serve as the primary gateway for consumers to interact with businesses. However, as online engagement grows, so do legal challenges surrounding website accessibility. Businesses across the United States, particularly in New York and California, are increasingly facing lawsuits alleging that their websites violate the Americans with Disabilities Act (ADA). Since 2013, these two states have seen more ADA website accessibility lawsuits than any others, highlighting a pressing need for businesses to ensure their digital presence is inclusive and legally compliant.
While there is still no federal consensus on whether the ADA explicitly applies to websites, courts have increasingly ruled in favor of accessibility, reinforcing the importance of proactive compliance measures. The cost of defending these lawsuits—even if a business ultimately prevails—can be significant. The best defense against legal action is a strong offense: ensuring your website meets accessibility standards before a lawsuit even arises.
The ADA Title III was enacted to prohibit discrimination against individuals with disabilities in places of public accommodation—traditionally defined as restaurants, hotels, retail stores, parks, and medical offices. While the law originally applied to physical locations, many courts have extended its reach to websites, arguing that an inaccessible website effectively denies individuals with disabilities equal access to goods and services.
One of the biggest challenges businesses face is that the ADA does not explicitly outline compliance requirements for websites. However, in March 2022, the U.S. Department of Justice (DOJ) issued new guidance reinforcing that websites should be accessible to all users, including those with disabilities.
Rather than introducing strict technical requirements, the DOJ has pointed to existing standards as a framework for accessibility compliance:
The rapid increase in ADA website lawsuits means that no business is immune from legal action. Companies operating in eCommerce, healthcare, finance, hospitality, and education have been prime targets. Failure to comply could lead to:
To reduce legal risks and ensure accessibility, businesses should take the following proactive measures:
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) to images so that screen readers can describe them to visually impaired users.H1
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) logically for easy navigation.ADA compliance lawsuits are on the rise, and businesses that take a proactive approach to website accessibility will be in a stronger position to avoid legal risks, enhance user experience, and expand their customer base.
By implementing WCAG-compliant accessibility features, businesses can ensure that their digital presence is inclusive, legally compliant, and future-proof.
For ongoing updates on ADA compliance, digital accessibility best practices, and website audits, visit Zenyth’s Accessibility Blog.