If you run a business, regardless of its size and industry, the chances are that you also have a website where you promote your products or services. Now, take a look at that website. Is it easy to read and navigate? Are you using user-friendly fonts and colors? Is your site optimized for mobile devices?
These, and many more, considerations all fall under the umbrella of web accessibility. And while, of course, ensuring web accessibility is important from a UX point of view, this article will explore its crucial relevance in terms of legal implications.
By the end of it, you’ll have learned why ensuring that your website is fully accessible is a must, what regulations like the ADA and the WCAG are and what they imply for businesses, as well as find out more about some infamous cases of websites not meeting the web accessibility standards and being targeted with high-profile lawsuits.
Let’s dive in!
Before we jump into why having an accessible website is so vital for so many reasons, let’s quickly recap the concept of web accessibility.
Web accessibility includes all the aspects that make a website easy to access, use, and navigate by taking into consideration a wide range of user abilities and requirements. If your website is accessible, it means that you have designed it in such a way that users with disabilities – including auditory, cognitive, visual, physical, and more – can interact with it easily and effectively.
Aside from enabling better and equal web access to all users, web accessibility is important for other reasons – let’s find them out below.
Did you know that approximately one in four US adults has some type of disability? Whether it be a hearing, visual, or mobility impairment, this accounts for a large portion of the country’s population.
By boosting your website accessibility, therefore, not only do you boost the overall user experience for anyone with a disability, but you are also better able to reach those parts of your audience who might otherwise feel neglected or forgotten, should you choose not to prioritize web accessibility.
And, with more people able to easily access and navigate your website, you will automatically be able to expand your business’s potential opportunities when it comes to promoting and/or selling your products or services.
We bet you hadn’t considered this: with better web accessibility, you also gain better SEO scores. How? Through elements that work to improve both aspects, such as metadata, alt text, captions, headings, and any other markup or formatting choice.
Another often overlooked reason why you should definitely prioritize web accessibility is a legal one – and that’s also the focus of our article. In particular, in the United States, there are two laws that require businesses to provide website accessibility: the Americans with Disabilities Act (ADA) and the Web Content Accessibility Guidelines (WCAG).
We’ll examine both in more detail later on, but for now, it’s important to clarify that both these laws intend to provide people with disabilities with fair and equal access to digital assets, including websites.
Importantly, other countries have similar regulations around web accessibility – for example, the Canadian Human Rights Act, the EU’s Web and Mobile Accessibility Directive, and China’s Law on the Protection of Persons with Disabilities.
Any company that is either based in these regions or doing business in these regions is legally mandated to comply with these regulations.
The legal side of web accessibility is something you must never forget, particularly if you operate in the United States. Here, in fact, the law has two specific provisions around website accessibility that, when not adhered to, might mean businesses face fines, penalties, or even lawsuits.
And while the US Department of Justice (DOJ) used to be pretty slow at setting regulations around web accessibility, things have changed during the Biden administration. In March 2022, for example, the DOJ issued a document titled “Guidance on Web Accessibility and the ADA”, signaling a renewed focus on this topic, whereby all websites and digital-only businesses are now mandated to comply with Title III of the Americans with Disabilities Act.
Let’s find out more.
Issued in 1990, the Americans with Disabilities Act (ADA) features five different titles (or sections). In particular, Titles II and III now refer to digital assets such as websites, web apps, online SaaS, mobile apps, and, of course, all their content.
Title II applies to both local and state governments, as well as all their agencies and any state-funded project. Updated in April 2024, Title II of the ADA states that the content of digital assets – websites, mobile and web apps, etc. – must comply with WCAG 2.1 A, AA (we will explain this in more detail in the following section).
Essentially, by 2026, all public businesses must adhere to these standards, to avoid the risk of fines or other penalties.
Title III of the ADA, on the other hand, is focused on private entities that operate in so-called “places of public accommodations”. This includes businesses such as cafes, restaurants, malls, hotels, and retailers, but also doctors and other healthcare professionals.
Originally, Title III simply stated that these entities are legally obliged to offer people “full and equal enjoyment of such places”, which includes, of course, people with disabilities. Over time, this definition has expanded and it now includes digital spaces, too – such as websites.
Another important set of regulations to consider when discussing web accessibility is the Web Content Accessibility Guidelines (WCAG). These were developed by the W3C, or international web standards group, and are the gold standard for online accessibility.
Currently in their 2.2 version – officially released in November 2023 – these guidelines apply to a range of different legal contexts. While this version is already into effect, businesses are still required to abide by the previous – 2.1. – version, too.
In recent years, many companies in the US have been caught not abiding by these – and more – regulations around web accessibility. In particular, there are three hot spots in terms of states: New York, California, and Florida.
Around 75% of lawsuits filed in 2023 happened in New York, whereas, in 2022, a total of 3,255 ADA website accessibility lawsuits were filed in federal court. However, it’s important to clarify something: if your business is not based in one of these states, it can still be liable to a lawsuit, if it fails to meet the standards outlined in both ADA and WCAG.
This is because you might be doing business with these states, especially if you are selling products or services online. And do you know how much this could cost you? On average, an ADA settlement is in the range of $5,000 and $20,000, although it depends, of course, on the type – and number – of violation. In some cases, as we are about to find out, companies had to pay millions of dollars in settlements.
With an increasing number of lawyers and attorneys specializing in web accessibility lawsuits, you’ll need to protect yourself and your business by ensuring you comply with all the current rules on the topic.
One of the most infamous cases of law accessibility lawsuits was, no doubt, the one involving Beyoncé’s Parkwood Entertainment. In this case, the website was deemed to be inaccessible to people with impaired eyesight, and the lawsuit was eventually settled for an astronomical – yet not officially disclosed – amount.
The prestigious Harvard and MIT universities, too, made a costly faux pas in terms of web accessibility, when The National Association of the Deaf filed a lawsuit against both institutions because it claimed that they did not provide adequate closed captioning to their deaf or hard-of-hearing students and staff. The final sum paid by the Ivy League schools was $750,000.
Much-loved US store Target was another big name to receive a pricey lawsuit. This time, it was filed by The National Federation of the Blind, which stated that the company’s website and app were inaccessible to people with impaired sight. Target settled things by enhancing its web accessibility and paying a whopping $6 million.
In 2019, Domino’s Pizza’s web accessibility case was brought all the way up to the Supreme Court, which declined to hear it and, instead, ruled that the case should proceed in federal court. The issue here was that the company’s website and app were considered inaccessible to people with disabilities. The lawsuit is still ongoing.
Lastly, uber-popular streaming service Netflix was also not immune to web accessibility mishaps. In 2012, the National Association of the Deaf sued the company because it didn’t provide closed captioning for some of its videos, which is a violation of the ADA. The following year, Netflix settled the lawsuit by paying $755,000 and agreeing to including closed captioning to its entire library by 2014.
Now that you know more about web accessibility and the potential risks you run if you don’t abide by the rules and regulations, it’s time to equip you with the tools you need to always stay on the right side of the law.
To begin with, you’ll want to make sure you – and your team – fully understand the law around web accessibility. So, it’s time to do your homework: read carefully through the entire ADA and WCAG guidelines, and make sure the rest of your team does the same, particularly those figures who will be actively involved in developing, implementing, and managing your website.
Conveniently, the WCAG website doesn’t just outline its web accessibility standards, but it also offers advice on how to comply with these standards so you always safeguard web accessibility.
Another important initial step is to look at your current website and figure out how accessible it is at present. Not sure how to run this type of audit? It’s actually easier than you may think. Simply visit the World Wide Web Consortium (W3C) Validator website and type in the URL of your company’s site.
Doing so will show you some basic information around accessibility for your website. Because the data you’ll be provided with is highly technical, it’s best to have an expert person look at it – whether an in-house employee or an external consultant.
With all the potential accessibility issues identified, you can now begin to fix these problems one by one, prioritizing from the most urgent down to the least crucial.
Of course, having your web development and designer team on board when kicking off your web accessibility project is vital – but what about the rest of your team? To make sure that the whole project goes smoothly and delivers the expected results, you’ll want everyone to be in the loop and able to bring their perspective to the table.
Therefore, consider organizing regular meetings with your team, as well as training sessions that can give them the tools and knowledge they need to better understand what web accessibility is, what it looks like, and what the law says about it.
At a minimum, you’ll want to rope in designers, site architects, editors, copy and content writers, and developers.
We briefly touched on this earlier, but it’s worth mentioning it in more detail here: when you embark on a web accessibility project, it might be all too tempting to try and fix everything at once. However, doing so is not only unrealistic, but it could also take you too much time, money, and resources.
Instead, take small steps and begin by identifying priority areas. For example, you could:
Then, with your priority list ready, start by working on the simplest and quickest task, to tick it off your list and give you – and your team – that motivational boost that you need. Keep going like this, until all your list is cleared.
When undertaking such a crucial endeavor as a web accessibility project, you might realize that you don’t have the required skills or expertise in-house. If that’s the case, then don’t throw in the towel: there are plenty of trusted and qualified professionals out there who can help you every step of the way.
At Basecamp Studios, we offer a comprehensive web development service, which includes web accessibility support. If you feel that going it alone won’t work for you, then get in touch with our team today and schedule a first chat to find out how we can help!
You’ve put all the previous steps into practice, and are now satisfied with your fresh, fully accessible website. However, if you think your job is now done, you might need to think again! First of all, when it comes to something as fast-paced as the digital world, you need to bear in mind that things can change at the speed of light.
Overnight, you might be faced with new requests, if not a whole new set of rules and regulations to abide by in order to maintain your hard-won web accessibility. Second, and just as important, you need to keep your finger on the pulse of your UX – yes, even after launching (what you think is) a beautifully accessible site.
What do we mean by that? It’s simple. You’ll want to carefully review any complaints that you might receive from your web users. For example, if a user with a specific disability contacts you to point out that a section of your site is not accessible to them, don’t ignore them!
Doing so, in fact, may ultimately result in a potential lawsuit, if the person decides to go down that route. Instead, get straight back in touch with them, try to collect as much information on the issue as possible, and act on it fast.
As we have examined in this article, website accessibility is an absolute must these days. By complying with guidelines such as the ADA and the WCAG, you’ll not only be able to provide a much better, fairer, and more user-friendly experience to your entire audience, but you’ll also be protected from a legal point of view.
Do you need help creating or refreshing a website that’s fully accessible to people with disabilities? Get in touch with the Basecamp Studios team today, and we’ll be thrilled to help you!