Title III of the Americans with Disabilities Act (ADA) requires businesses that are open to the public to ensure that their goods and services are accessible to disabled individuals.
But did you know that these compliance requirements include not only the physical locations of these businesses, but possibly websites as well?
ADA compliance lawsuits related to website accessibility could likely be the next cash cow for legal professionals. A number of district court judges around the country have sided with the plaintiff in website accessibility cases, determining that these websites are subject to the ADA—regardless of whether the goods and services are offered both online and in physical locations.
Just a few months ago, in the case of Gil v. Winn Dixie Stores, Inc., a Florida federal judge issued a trial verdict against Winn Dixie for hosting a website that the blind plaintiff was unable to use.
The Florida Association of Insurance Agents is aware of just one case against an Ohio-based insurance agency for hosting a website that was not in compliance with the ADA, but others likely exist. Because the early case law on this issue is so mixed and there is little guidance as to who must be compliant and what exactly compliance looks like, all businesses may want to consider reviewing their websites and documenting reasonable efforts to make their websites accessible to the disabled.
Not sure where to start? The U.S. Department of Health & Human Services (HHS) offers a website requirements checklist which your agency can use to confirm your website meets all necessary requirements, including but not limited to:
In addition, the Winn Dixie case refers to a particular standard—the Web Content Accessibility Guidelines (WCAG) 2.0, now updated as the WCAG 2.1—for beginning the process of bringing your website into compliance.
Laura Pearce is vice president and general counsel at the Florida Association of Insurance Agents.
