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ADA Website Compliance:
Its Importance and
How to Avoid Related
Legal Problems

by Paul Dermody, Director of Technology

May 29, 2023


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ADA Website Compliance:
Its Importance and 
How to Avoid Related 
Legal Problems

Accessibility is at the forefront of website development nowadays. That's why ensuring your website complies with the Americans with Disabilities Act (ADA) guidelines has become a legal and ethical obligation. You must keep in mind that non-compliance can lead to legal consequences, an undesirable reputation, and even financial losses. 

This article will explore the importance of ADA website compliance, the consequences of not following their guidelines, and what you can do in the extreme scenario of receiving an ADA notice. This article and resources provide reliable information; it's also important to consult web accessibility legal professionals and experts to apply the specific requirements and regulations.

Understanding ADA Website Compliance

The internet has become integral to our lives, providing information, services, and opportunities for various activities. However, for individuals with disabilities, the digital world can present significant barriers if websites are not designed with accessibility in mind. ADA website compliance ensures that they can navigate and interact with them effectively, regardless of their impairment.

What is it?

The Americans with Disabilities Act (ADA) is a civil rights law prohibiting discrimination against individuals with disabilities. While it primarily focuses on physical spaces, the law extends to the digital realm. ADA compliance for websites means ensuring that those individuals can access and use the websites' content and functionality like anyone else.

Why is it so important?

ADA website compliance is essential because it promotes equal access to information and services, aligning with the principles of inclusivity and diversity, ensuring everyone can participate fully in the digital world.

Moreover, not following its guidelines may create potential legal issues for businesses. With the rise of digital accessibility lawsuits in recent years, organizations that fail to meet ADA requirements risk facing costly litigation and legal action.

Consequences of Non-Compliance

The consequences of not meeting ADA website regulations can be hard, both legally and reputationally. Let's examine some of the potential repercussions.

Lawsuits and legal action

Websites developed without a focus on inclusivityaccessibility, and usability are susceptible to legal action from individuals with disabilities who face barriers to accessing information or using services online. These lawsuits can result in significant financial damages, including legal fees, settlements, and court-ordered remediation efforts.

Fines and penalties

Government agencies and regulatory bodies can impose fines and penalties on businesses that fail to comply with ADA website regulations. These penalties vary depending on the severity of the violation and can amount to substantial sums.

Damage to reputation

This non-compliance can also harm an organization's reputation. Negative publicity as well as the perception that your business does not prioritize inclusivity and accessibility can lead to a loss of trust from both existing and potential customers.

Common ADA Website Compliance Issues

To achieve ADA website compliance, it is essential to address common accessibility issues that individuals with disabilities may encounter when using your website. The main ones are:

Lack of alternative text for images

Alternative text, or alt text, is a textual description that screen readers read to convey the meaning of images. Without alt text, individuals with visual impairments cannot understand the content and context of images on your website.

Inaccessible forms and input fields

Forms and input fields that are not adequately labeled or structured can be challenging to navigate for individuals using screen readers or other assistive technologies. Proper form design and labeling are mandatory for accessibility.

Poor color contrast

Low color contrast between text and background can make it difficult for individuals with visual impairments to read the content on your website. Paying attention to this is a simple measure since ensuring sufficient color contrast improves readability for all users.

Lack of intuitive navigation and illogical structure

Intuitive navigation and a logical website structure make the user's journey simpler. Proper use of headings, landmarks, and descriptive links can enhance accessibility for people with or without disabilities.

How to Avoid a Lawsuit

Taking proactive steps to achieve ADA website compliance can help you avoid potential lawsuits. Here are some measures you should consider:

Conducting an accessibility audit

Start by conducting an accessibility audit of your website. This involves reviewing its design, content, and functionality to identify areas that need improvement. An audit will help you understand the extent of the accessibility issues and guide your remediation efforts.

Implementing WCAG guidelines

The Web Content Accessibility Guidelines (WCAG) provide internationally recognized standards for web accessibility. Adhering to them ensures that your website is accessible to individuals with disabilities. Implementing WCAG guidelines, particularly WCAG 2.1 AA level, is widely considered the industry standard for ADA compliance.

Training your development team

Providing training and education to your development team is crucial for maintaining ADA website compliance. Make sure your team understands the principles of accessibility, WCAG guidelines, and best practices for designing and developing accessible websites.

Regular accessibility testing and monitoring

ADA website compliance is an ongoing process. Regular accessibility testing and monitoring help you identify new issues that may arise over time. So, periodically test your website using assistive technologies and gather feedback from users who have disabilities.

Receiving an ADA Notice

Despite your best efforts, there is still a possibility of receiving an ADA notice. To handle this situation promptly and professionally, you should:

Take it seriously and respond promptly

Upon receiving an ADA notice, provide a response quickly. Ignoring or delaying it can escalate the situation and increase the likelihood of legal action.

Consult with legal counsel

Seek legal advice from professionals experienced in ADA website compliance and accessibility law. They can guide you through the process, assess the validity of the notice, and provide appropriate guidance based on your specific circumstances.

Investigate the issue and make necessary changes

Thoroughly investigate the accessibility issues mentioned in the notice. Engage with accessibility experts to identify the remediation steps needed to address the problems. Make the necessary changes to your website and document the modifications made.

Communicating with the Plaintiff

Maintaining open and respectful communication with the plaintiff can help resolve the matter efficiently. Consider the following steps:

Understand their concerns

Listen to and understand the concerns raised by the plaintiff. Demonstrating empathy and a genuine willingness to address the issues can help find common ground and reach a resolution.

Offer a resolution or remediation plan

Present a resolution or remediation plan that outlines the steps you have taken or will take to address the accessibility issues. Be transparent about your commitment to accessibility and the timeline for implementing the necessary changes.

Maintain open lines of communication

Keep the lines of communication open throughout the process. Respond promptly to inquiries and provide regular updates on the progress of remediation efforts. This level of transparency can foster goodwill and minimize the potential for further legal action.

Taking Proactive Measures

Responding to a notice and taking proactive measures to ensure ongoing ADA compliance are crucial measures for your business' website. Here are some steps you can take:

Ongoing accessibility maintenance

Make accessibility a priority in your organization's ongoing website maintenance. Regularly test it for accessibility, promptly address issues, and stay current with evolving accessibility standards and guidelines.

Educating stakeholders and employees

Raise awareness about ADA website compliance and accessibility within your organization. Educate stakeholders, employees, and decision-makers about the importance of accessibility, the impact of non-compliance, and their role in maintaining an accessible digital presence.

Prioritizing accessibility in future projects

Integrate accessibility considerations into your project planning and development processes from the beginning. By prioritizing accessibility at the design and development stages, you can avoid costly retroactive remediation efforts.

Conclusion

ADA website compliance is not just a legal requirement; it's a moral obligation to ensure equal access for individuals with disabilities. By understanding its importance, addressing common accessibility issues, and taking proactive measures, you can minimize the risk of legal action, protect your reputation, and create a more inclusive digital experience for all users.

Frequently Asked Questions (FAQs)

1. Can I ignore an ADA notice?

Ignoring an ADA notice is not recommended. Taking prompt action, seeking legal advice, and addressing accessibility issues are crucial to minimize legal risks.

2. What are some common accessibility requirements?

Common accessibility requirements include providing alternative text for images, ensuring proper form labeling, maintaining sufficient color contrast, and implementing clear website navigation.

3. How can I make my website accessible to people with disabilities?

To make your website accessible, follow WCAG guidelines, implement alt text for images, use proper heading structure, ensure color contrast, and test with assistive technologies.

4. Is there a specific deadline for becoming ADA-compliant?

There is no specific deadline for ADA website compliance. However, it's important to demonstrate a proactive effort toward accessibility and address accessibility issues promptly.

5. Can I hire a third-party vendor to handle ADA website compliance?

Yes, you can hire a third-party vendor specializing in ADA website compliance to conduct audits, provide guidance, and assist with remediation efforts. However, it's essential to choose a reputable and experienced vendor.

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