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.

Title III of the ADA: What Businesses Need to Know

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.

• Some courts have ruled that websites must comply with the ADA just as physical locations do. Cases like Robles v. Domino’s Pizza have reinforced this stance.
• Other courts have ruled that the ADA only applies to physical spaces, leaving businesses in legal uncertainty.
• Despite the ongoing debate, thousands of lawsuits have been filed against businesses with inaccessible websites, pushing many organizations toward voluntary compliance.

What Does ADA Website Compliance Look Like?

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:

• Web Content Accessibility Guidelines (WCAG) – The industry-standard framework for making digital content accessible. WCAG outlines four key principles:
  1. Perceivable – Content must be presented in ways that all users can recognize (e.g., providing text alternatives for images, captions for videos).
  2. Operable – Users must be able to navigate and interact with content using various input methods (e.g., keyboard accessibility, voice commands).
  3. Understandable – Website content should be clear and predictable (e.g., avoiding complex navigation, using simple language).
  4. Robust – Websites must work across different technologies, including assistive tools like screen readers.
• Section 508 of the Rehabilitation Act – This law requires federal government websites to be accessible but also serves as a useful guideline for private businesses. Section 508 covers text alternatives, content sequencing, color contrast, and keyboard accessibility.

Why Businesses Must Act Now

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:

• Expensive lawsuits – Many ADA lawsuits settle for tens of thousands of dollars, with some cases reaching millions in penalties and legal fees.
• Reputational damage – Negative publicity from an ADA lawsuit can erode customer trust and damage brand reputation.
• Lost customers – An inaccessible website excludes millions of potential users, cutting off a valuable market segment.

Steps to Make Your Website ADA Compliant

To reduce legal risks and ensure accessibility, businesses should take the following proactive measures:

1. Conduct an Accessibility Audit
   • Use automated tools like WAVE Web Accessibility Evaluation Tool to identify common accessibility issues.
   • Perform manual testing with screen readers like NVDA or VoiceOver to evaluate real-world usability.
2. Ensure Website Content Meets WCAG Standards
   • Add alternative text (alt text) to images so that screen readers can describe them to visually impaired users.
   • Provide closed captions and transcripts for all video content.
   • Enable keyboard navigation so users can move through the site without a mouse.
3. Fix Common Accessibility Barriers
   • Increase color contrast for text to improve readability.
   • Avoid automatic pop-ups and animations that interfere with screen readers and keyboard users.
   • Structure website headings (H1, H2, H3) logically for easy navigation.
4. Work with an Accessibility Expert
   • Consider hiring a web accessibility consultant to ensure compliance.
   • Engage an accessibility-focused web development team when designing or updating your website.

Final Thoughts: Don’t Wait Until It’s Too Late

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.