Top tips for avoiding an ADA website compliance lawsuit

Recently, potential lawsuits have been developing across the country related to website accessibility. Several companies have received demand letters claiming that their website isn’t accessible to disabled users and that their website violates the Americans with Disabilities Act (ADA).

Shumaker, Loop and Kendrick attorneys Douglas A. Cherry and Robert A. Koenig are experts on ADA website compliance. They recently authored a Shumaker client alert on the emerging threat of litigation related to ADA website compliance.

“The law in this area is evolving, and we are happy to advise businesses regarding proactive steps to take to help reduce potential exposure,” Cherry said. “While the landscape is murky, there are certainly guidelines for best practices.”

There aren’t specific standards for ADA website compliance for businesses now, and there won’t be for several years (the Department of Justice said it would issue regulations in 2018), but here are seven steps you can take to protect your business:

• Follow the website accessibility guidelines published by the World Wide Web Consortium. The guidelines include providing text alternatives for non-text content and making all functionality available by using a keyboard.
• Shumaker attorney Jan Pietruszka has helped a web developer explain why his client was getting sued for accessibility. He suggests asking your web developer to comply with website standards that apply to the government when building or updating your company’s website.
• Pietruszka also suggests including accessibility in your contract with your web developer so it’s clear up front what you expect. This could protect you from future legal action and further development fees.
• If you already have a website, put together a document that shows your plan for implementing changes that will make your website more accessible.
• Include captions for all videos on your website. Pietruszka said the majority of legal action surrounding this issue now relates to people who are color blind or who are visually impaired in another way.
• Pay attention to contrast. There should be a contrast between the background colors on your website and the text. If there’s not enough of a contrast, the words on your website might be difficult to read for people who are visually impaired.
• Consider font size. If your website features text in a small font size, increase the point size to improve readability.

In the coming months, additional legal action is likely to emerge related to ADA website compliance. These simple steps can help you avoid a potential lawsuit, and Shumaker, Loop & Kendrick attorneys are always available to provide further assistance and advice.