On July 26, 2010 (on the anniversary of the Americans with Disabilities Act) President Obama stated that ADA accessibility must also apply to the Internet. With that declaration, the Justice Department was tasked with setting rules for ADA accessibility for the Internet and websites. Since that time, the Justice Department has formulated recommended rules for ADA website accessibility. Those rules will soon be refined and officially released in the near future. Until then, there is a set of guidelines currently in place (http://www.w3.org/WAI/WCAG20/quickref) for websites to become ADA accessible. Even with these guidelines in place, many hospitality businesses have not yet complied with the guidelines. Now is the time to begin the process of making your current website ADA accessible or to consider a new website design that is ADA accessible.
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 one case where the defendant, Bang & Olfusen, won its motion to dismiss, the court noted that the plaintiff had failed to plead a nexus between the physical place of public accommodation and the website in question. In the other case, the court dismissed the claims made against Domino’s because requiring the defendant to comply with a set of web accessibility guidelines that are not yet law would violate due process principles.  The Domino’s decision is on appeal and will be reviewed by the Ninth Circuit in 2018.  Our post about these cases is here.

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:
Ensure that in-house staff and contractors responsible for webpage and content development are properly trained. Distribute the Department of Justice technical assistance document “Accessibility of State and Local Government Websites to People with Disabilities” to these in-house staff and contractors on an annual basis as a reminder. This technical assistance document is available on the ADA Home Page at www.ada.gov. 

First, these lawsuits will be very easy for plaintiffs to work up. The plaintiffs do not need any site inspection, experts or research. They can just surf the web from the convenience of their homes or offices. Marty says the "surf by" complaints could dwarf the "drive by" ADA lawsuits that looked for missing accessible parking spaces and other readily visible shortcomings.
Upon first recognizing this possible application of Title III of the ADA in 2003, the DOJ laid out a Voluntary Action Plan for government agencies and private entities, and later followed that up with a short list of recommendations in 2007. In 2010, the DOJ seemed to be picking up steam on this topic when they released a Notice of Advance Rulemaking -- stating that they were “considering revising the regulations implementing Title III of the ADA in order to establish requirements for making the goods, services...offered by public accommodations via the Internet, specifically at sites on the World Wide Web, accessible to individuals with disabilities.”
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ADA website compliance is about making sure that everyone has equal access to all the elements on your website and apps. That may mean you need to provide alternatives for some of the functions and content on your site in order to meet ADA website compliance standards. Here’s a quick rundown of some of the accommodations that need to be incorporated into your website to meet the ADA guidelines:


"Candyce's company has done work for me for close to 5 years and has done a superb job with everything from business card design, to marketing materials like case studies, sales proposals, PDF brochures, as well as updating our Website. Her designs are always fresh and new so it is not the same recasting of old designs. Very reliable, also at times when we have to complete...
As I mentioned above, under each WCAG 2.1 principle is a list of guidelines, and under each guideline are compliance standards, with techniques and failure examples at each level. Some guidelines include only Level A items; others include items for multiple levels of conformance, building from A to AAA. At each stage, you can easily see what more you would need to do to reach Level AA or AAA. In this way, many websites include elements at multiple levels of accessibility.
Additionally, in February 2018, Congress passed the ADA Education and Reform Act, a bill designed to make it harder for disabled Americans to sue businesses for discrimination. Republican lawmakers who wrote and passed the bill argue that the law will help curb “frivolous” lawsuits, while opponents have argued that this law will gut the ADA, essentially giving businesses little reason to follow the ADA guidelines at all.
This particular lawsuit amounted to nothing more than a shakedown for cash, as the current laws would make it difficult to win the suit in court (more about this later) but it prompted me to dive deeper into the issue of ADA compliance. Through my research, I discovered there are some new laws on the horizon that could make ADA compliance mandatory, which means web designers and digital marketers need to know how to prepare.
Title III also has applications to existing facilities. One of the definitions of "discrimination" under Title III of the ADA is a "failure to remove" architectural barriers in existing facilities. See 42 U.S.C. § 12182(b)(2)(A)(iv). This means that even facilities that have not been modified or altered in any way after the ADA was passed still have obligations. The standard is whether "removing barriers" (typically defined as bringing a condition into compliance with the ADAAG) is "readily achievable", defined as "...easily accomplished without much difficulty or expense".

In short, the ADA is meant to protect disabled individuals as they go about their daily lives. These regulations ensure that people with disabilities are not denied entry into the above places or denied services by a company due to their disability. It is important to note that these regulations are now applicable to services that are provided online or through other digital formats. For example, if a company accepts job applications online, then it must ensure that a person with a disability can also apply for the job online. In other words, it is illegal to have barriers on the website that would keep the disabled individual from successfully completing their application. Fortunately, the ADA guidelines help to remove barriers and ensure that the Internet remains a space that people of all backgrounds and disabilities can use.
That’s good news if you are one of the many Americans who have a visual, hearing, or mobility disability that makes it difficult to access some information on the web. If you are a business owner who hasn’t made provisions to ensure that your website and other online assets are ADA compliant, you could be looking at a host of legal and financial penalties.
ADA website compliance is about making sure that everyone has equal access to all the elements on your website and apps. That may mean you need to provide alternatives for some of the functions and content on your site in order to meet ADA website compliance standards. Here’s a quick rundown of some of the accommodations that need to be incorporated into your website to meet the ADA guidelines:

The Americans with Disabilities Act (ADA) and, if the government entities receive federal funding, the Rehabilitation Act of 1973 generally require that state and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden.2 One way to help meet these requirements is to ensure that government websites have accessible features for people with disabilities, using the simple steps described in this document. An agency with an inaccessible website may also meet its legal obligations by providing an alternative accessible way for citizens to use the programs or services, such as a staffed telephone information line. These alternatives, however, are unlikely to provide an equal degree of access in terms of hours of operation and the range of options and programs available.


The Supreme Court decided under Title II of the ADA that mental illness is a form of disability and therefore covered under the ADA, and that unjustified institutional isolation of a person with a disability is a form of discrimination because it "...perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life." The court added, "Confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment."
That’s good news if you are one of the many Americans who have a visual, hearing, or mobility disability that makes it difficult to access some information on the web. If you are a business owner who hasn’t made provisions to ensure that your website and other online assets are ADA compliant, you could be looking at a host of legal and financial penalties.
Many people with disabilities use assistive technology that enables them to use computers. Some assistive technology involves separate computer programs or devices, such as screen readers, text enlargement software, and computer programs that enable people to control the computer with their voice. Other assistive technology is built into computer operating systems. For example, basic accessibility features in computer operating systems enable some people with low vision to see computer displays by simply adjusting color schemes, contrast settings, and font sizes. Operating systems enable people with limited manual dexterity to move the mouse pointer using key strokes instead of a standard mouse. Many other types of assistive technology are available, and more are still being developed.

Signed in 1990 at a time that most people hadn’t even used the Internet, the Americans with Disabilities Act does not explicitly regulate how websites need to follow nondiscrimination requirements. We now know that using the Internet is one of the most important ways for people with disabilities to fulfill their needs and desires. For many people with disabilities, especially impairments to sight and motion, visiting a store or other physical location can be a challenging experience. Online shopping, for example, allows people with disabilities to make the purchases they need easily and securely within the comfort of their own homes.

Web designers often design in such a way that does not allow the user to adjust font size or color. While they may be protecting their brand, they are also inhibiting some users. Many visually impaired need to use high contrast color settings or very large fonts to read a website. Don't design your website in a way that makes it impossible for them to do this. 
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