Thus, if there are barriers preventing a customer with a disability from doing business in a place of public accommodation, those barriers must be removed (as long as it’s not a great hardship to do so) in order to comply with the ADA. Barriers could be physical, such as a display rack that is out of reach. They could be in the form of discriminatory policies, like a “no animals allowed” rule that excludes people with guide dogs and other service animals. Barriers could also be digital, such as a public website or app that is not accessible to people with certain disabilities.

“The idea of equal access, equal opportunity has sort of evolved in its application from brick and mortar to eCommerce. At first, many companies were worried about the desktop experience. Now, the concern extends to both smart phones and devices.  Wherever a consumer accesses your content – whether it be directly through the web or an app – you need to be concerned about accessibility.”
It isn’t a problem by default, a lot of it comes down to how it is built. I’d suggest either considering a highly accessible contingency option, or build those components in such a way that there is a level of accessibility baked into it. If you need help with that testing or review email us at questions at yokoco.com and we’ll be able to let you know the cost for us to lend a hand.
For most businesses, the need for ADA web compliance means they will need to make at least some adjustments to all of their online marketing strategies. For instance, if your company provides tax preparation services, all of the tax forms you provide for customers to download would need to meet accessibility standards. Any online tax preparation services that you offer would also need to be configured so they meet ADA standards, as would your mobile app.
Furthermore, if your organization has developed a mobile app – as many companies have – to make it easier for customers to interact with your brand, then this, too, must be free of barriers in order to comply with the ADA. Online grocery delivery service Peapod and tax preparer H&R Block are two examples of companies that agreed, after ADA complaints were launched, to improve the accessibility of their mobile apps.
Pa11y is a program offered through the Nature Publishing Group. It monitors the web accessibility of your web sites with the pa11y-dashboard specifically. The most recent version 1.6.0 was released on April 8, 2015, and it covers guidelines including WCAG 2.0 — W3C Web Content Accessibility Guidelines 2.0, Section 508, and U.S. federal procurement standards.

eSSENTIAL Accessibility has developed a comprehensive accessibility solution to help organizations follow the Web Content Accessibility Guidelines (WCAG) and achieve and maintain compliance with ADA standards and ADA regulations. This includes integrating web compliance evaluation services with assistive technology to deliver a transformative experience for people with disabilities.


The most recent version 1.1 was released in August 19, 2006. The guidelines covered include WCAG 2.0—W3C Web Content Accessibility Guidelines 2.0, WCAG 1.0 — W3C Web Content Accessibility Guidelines 1.0, Section 508, and U.S. federal procurement standards. Supported formats include CSS, HTML, and Images. Licenses for the software are commercial, but trial or demo versions are available.
Talk to your web designer about other techniques that will make your site more user-friendly for people with disabilities. Worried that’s not in your budget? Consider the fact that DOJ fines start at $75,000. And it's still yet to be determined if a non-compliant website is liable for one fine or will be charge per page for each violation. As the recent lawsuits illustrate, though, settlements quickly add up into the millions.
Level AA is a little more significant, and makes sites accessible to people with a wider range of disabilities, including the most common barriers to use. It won't impact the look and feel of the site as much as Level AAA compliance, though it does include guidance on color contrast and error identification. Most businesses should be aiming for Level AA conformity, and it appears to reflect the level of accessibility the DOJ expects. 

In an August 2016 case involving the University of California Berkeley, the DOJ ruled that the public university was in violation of ADA Title II (similar to Title III but it instead applies to government organizations) because their YouTube channel’s videos didn’t include captions for hearing impaired visitors. The DOJ found this to violate the ADA as deaf users did not have equal access to the online content.
In recent cases, the U.S. Department of Justice has repeatedly sided with plaintiffs arguing that a private company’s website needs to be accessible, despite any other mitigating factors. One thing is for certain, however: The number of federal lawsuits alleging violations of the ADA is currently accelerating at a rapid pace. Between January and August 2017, there were 432 ADA lawsuits filed in federal court—more than the total number of ADA lawsuits in 2015 and 2016 combined.
Website barriers weren’t on anyone’s radar when the ADA came into force in 1990. At that time, the Internet wasn’t an integral part of our day-to-day lives. Since then, however, the Department of Justice (DOJ) has made it clear that websites are nevertheless covered by this law. For instance, it has written: “Increasingly, private entities of all types are providing goods and services to the public through websites that operate as places of public accommodation under title III of the ADA. Many websites of public accommodations, however, render use by individuals with disabilities difficult or impossible due to barriers posed by websites designed without accessible features.”4
For most businesses, the need for ADA web compliance means they will need to make at least some adjustments to all of their online marketing strategies. For instance, if your company provides tax preparation services, all of the tax forms you provide for customers to download would need to meet accessibility standards. Any online tax preparation services that you offer would also need to be configured so they meet ADA standards, as would your mobile app.
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