On July 15, 2016, Attorney General Loretta Lynch signed a final rule revising the ADA title II and III regulations to implement the requirements of the ADA Amendments Act of 2008. The final rule was published in the Federal Register on August 11, 2016, and took effect 60 days after publication, on October 11, 2016.  Congress enacted the ADA Amendments Act to clarify the meaning and interpretation of the ADA definition of “disability” to ensure that the definition of disability would be broadly construed and applied without extensive analysis.
The ADA prohibits discrimination on the basis of disability and says that places of public accommodation (including private commercial enterprises) need to make accommodations for the disabled (42 U.S.C. § 12182).  Importantly, a place of public accommodation, per 42 U.S.C. § 12181(7), amounts to a privately operated facility whose operations affect commerce.   However, since the ADA came pre Internet era, the ADA didn’t contemplate or mention websites or apps.
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As Kevin Rivenburgh frames it, “ The ADA is the legal side, are you in compliance with the law? And accessibility is the technical or developmental side, how well can persons with disabilities access your website?” Making a website accessible means that it meets all of the WCAG 2.0 Level AA success criteria. This is where you come in. WCAG guidelines have three varying levels of accessibility: Level A, Level AA, and Level AAA. This helps you understand your website’s accessibility and the urgency of what you need to change. Level A is most urgent and includes anything that prevents a disabled user’s ability to utilize a website. Level AA refers to areas of a website that could be enhanced in some way to give the disabled user the full experience. Level AAA is the gold standard for websites and ultimately meets and expands on the standards of level A and AA.

A 1993 consent decree resolving a claim alleging disability-based distinctions in a union's health insurance plan which limited lifetime benefits for AIDS to $50,000, while providing benefits up to $500,000 for other catastrophic conditions. In this case, the defendant company and union agreed to pay $100,000 for medical expenses and damages, and to remove the limit on AIDS coverage retroactive to the ADA's effective date.


* New bus stations must be accessible. Alterations to existing stations must be accessible. When alterations to primary function areas are made, an accessible path of travel to the altered area (and the bathrooms, telephones, and drinking fountains serving that area) must be provided to the extent that the added accessibility costs are not disproportionate to the overall cost of the alterations.


On September 15, 2010 the Department published final regulations revising the Department’s ADA regulations, including the adoption of updated ADA Standards for Accessible Design (2010 Standards).  The revised final rules went into effect on March 15, 2011.  Compliance with the 2010 Standards was required on March 15, 2012, except that compliance with the requirements in the 2010 Standards with respect to existing swimming pools was subsequently extended to January 31, 2013. (77 FR 30174 (May 21, 2012)).
To be protected under the ADA, you must have, have a record of, or be regarded as having a substantial, as opposed to a minor, impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working.
Title III requires that owners of public places of accommodation give people with disabilities equal access to resources. Given that we live in 2019 and a great deal of business transactions occur online, the bar for online compliance should be higher, and companies who don’t meet basic standards are in violation, just as clearly if a company’s bathroom was too small to accomodate wheelchairs.

Title III requires that owners of public places of accommodation give people with disabilities equal access to resources. Given that we live in 2019 and a great deal of business transactions occur online, the bar for online compliance should be higher, and companies who don’t meet basic standards are in violation, just as clearly if a company’s bathroom was too small to accomodate wheelchairs.
The Internet brought a new wave of ADA concerns, with solutions which have not been fully defined. We know more and more of our daily interactions happen online, and that 19 percent of Americans (56.7 million people) have disabilities, many of which affect their ability to use the web. Because many companies’ core business is online, it has become increasingly important for them to stay in the know about how its accessibility (or lack thereof) can impact them legally. Before diving in deeper, let’s start by defining ADA Law.
Title II prohibits disability discrimination by all public entities at the local level, e.g., school district, municipal, city, or county, and at state level. Public entities must comply with Title II regulations by the U.S. Department of Justice. These regulations cover access to all programs and services offered by the entity. Access includes physical access described in the ADA Standards for Accessible Design and programmatic access that might be obstructed by discriminatory policies or procedures of the entity.
Another important consideration is that the ADA does not allow businesses to simply provide an alternative such as a phone number. Lastly, include accessibility issues as part of your website and mobile strategy. When new technologies are implemented or pages added, part of the process should include the implications for persons with disabilities. 

While legal considerations might be your biggest worry, making your site more accessible is simply good customer service. More than 39 million Americans are blind and another 246 million have "low vision," Another one million are deaf in the U.S. Add to that people with mobility issues that prevent them from using their hands and that's a huge portion of the country's buying power.
The ADA defines a covered disability as a physical or mental impairment that substantially limits one or more major life activities, a history of having such an impairment, or being regarded as having such an impairment. The Equal Employment Opportunity Commission (EEOC) was charged with interpreting the 1990 law with regard to discrimination in employment. The EEOC developed regulations limiting an individual's impairment to one that "severely or significantly restricts" a major life activity. The ADAAA directed the EEOC to amend its regulations and replace "severely or significantly" with "substantially limits", a more lenient standard.[42]

In 2018 alone, there were around 1,000 lawsuits related to website accessibility. Industries affected include e-commerce stores, restaurants, consumer goods companies and more. These lawsuits even impacted major corporations such as Hershey's, Burger King and Nike, to name a few. With no slowdown in lawsuits expected, it's essential that companies comply with ADA standards to avoid costly litigation and negative press.
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