DOJ’s September 25 response did not do what the members asked, but it did provide some helpful guidance and invited Congress to take legislative action to address the exploding website accessibility litigation landscape. DOJ first said it was “evaluating whether promulgating specific web accessibility standards through regulations is necessary and appropriate to ensure compliance with the ADA.” (This is helpful – to at least know this issue has not fallen totally off DOJ’s radar.) It continued:
The statement that “noncompliance with a voluntary technical standard for website accessibility does not necessarily indicate noncompliance with the ADA” is new and significant.  It is a recognition that a website may be accessible and usable by the blind without being fully compliant with the privately developed Web Content Accessibility Guidelines (WCAG) 2.0 or 2.1.  The statement confirms what some courts have said so far:  That the operative legal question in a website accessibility lawsuit is not whether the website conforms with WCAG, but whether persons with disabilities are able to access to a public accommodation’s goods, services, and benefits through the website, or some alternative fashion.
Webpage designers often have aesthetic preferences and may want everyone to see their webpages in exactly the same color, size and layout. But because of their disability, many people with low vision do not see webpages the same as other people. Some see only small portions of a computer display at one time. Others cannot see text or images that are too small. Still others can only see website content if it appears in specific colors. For these reasons, many people with low vision use specific color and font settings when they access the Internet – settings that are often very different from those most people use. For example, many people with low vision need to use high contrast settings, such as bold white or yellow letters on a black background. Others need just the opposite – bold black text on a white or yellow background. And, many must use softer, more subtle color combinations.
As a web developer, Ryan's work is what makes the magic happen. He spends most of his time creating custom websites, which involves turning the designers' visual mockups into code. It's lucky that he's such a good problem solver, because many of Ryan's projects involve working with clients to create complex custom functions. He's also one of the few developers in the country with extensive experience developing for the HubSpot CMS.
The 2014 case involving Peapod, an online grocery retailer emphasizes that being ADA compliant goes beyond your website. The settlement required Peapod to make its mobile applications accessible by March 2015 and its website accessible by September 2015. Since mobile apps are fast becoming the preferred method of online shopping, e-commerce sites must focus on app accessibility too. 

Enacted in 1990, this civil rights statute was created for the purpose of limiting discriminatory practices towards individuals with disabilities. This act and its amendments guarantee equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation. Both public and private entities are affected by the ADA.
The fastest, most certain way to be sure your website is in compliance is to contact a qualified web design agency and have them perform an audit of all your online properties. Make sure you interview the agency thoroughly first, as not all agencies are up to speed on ADA website compliance rules. A qualified web design firm will be able to identify any violations of ADA Website Compliance and outline a plan for updating your online content and properties. 

Absent the adoption of specific technical requirements for websites through rulemaking, public accommodations have flexibility in how to comply with the ADA’s general requirements of nondiscrimination and effective communication. Accordingly, noncompliance with a voluntary technical standard for website accessibility does not necessarily indicate noncompliance with the ADA.


As a web developer, Ryan's work is what makes the magic happen. He spends most of his time creating custom websites, which involves turning the designers' visual mockups into code. It's lucky that he's such a good problem solver, because many of Ryan's projects involve working with clients to create complex custom functions. He's also one of the few developers in the country with extensive experience developing for the HubSpot CMS.
As organizations around the world scramble to bring their sites into compliance with the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG), focus on other, preexisting accessibility regulations has also intensified. The United States’ Americans with Disabilities Act (ADA) is one of the most visible and complicated pieces of accessibility legislation. Let’s look at some of the ins and outs of what an ADA compliant website means today. Or, if you're interested in seeing the nitty-gritty details of your site's accessibility, request a free website audit report using the form on this page.
Use the plugin, follow its instruction, and resolve the compliance issues identified. You’ll find that using the plugin will save you an incredible amount of time as you maintain your site’s compliance on a month-to-month basis. The best part, it identifies the compliance issues and tells you exactly which code elements are out of compliance and why! Our average customer is reporting a 10x-20x time savings over manually identifying and fixing these problems. In extreme cases more than 30x time savings has been reported! Using the plugin alone does not guarantee compliance. Some parts of accessibility can’t be automatically scanned and must be manually audited but we also provide independent 3rd-party audits and certifications of compliance. The Accessibility Suite Pro Plugin for WordPress makes this process profoundly easier.
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