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With the tangible advancements made for people with disabilities since the Americans with Disabilities Act (ADA), it is important to consider the intangible things they might not be able to access without assistance. There has been major discussion and recent law amendments that websites must include to ensure disabled people can access them, but some companies are slow to adapt. Not implementing these changes can cause businesses to be faced with a website accessibility lawsuit, which can be detrimental to business. In fact, there were 19 lawsuits filed in California, 44 in Florida, and 123 in New York alone during the month of June. Strategic Marketing is here to help by shedding light on what website accessibility means, highlighting some examples of recent lawsuits, and explaining how to make a website accessible with the help of our services.
With the tangible advancements made for people with disabilities since the Americans with Disabilities Act (ADA), it is important to consider the intangible things they might not be able to access without assistance. There has been major discussion and recent law amendments that websites must include to ensure disabled people can access them, but some companies are slow to adapt. Not implementing these changes can cause businesses to be faced with a website accessibility lawsuit, which can be detrimental to business. In fact, there were 19 lawsuits filed in California, 44 in Florida, and 123 in New York alone during the month of June. Strategic Marketing is here to help by shedding light on what website accessibility means, highlighting some examples of recent lawsuits, and explaining how to make a website accessible with the help of our services.
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Website accessibility is a means of creating a positive, user-friendly experience for everyone, regardless of how they access the internet. This can be anything from closed captioning on videos to different forms of keyboard and mouse navigation to including alt text or text-to-speech functions for those who are hearing or visually-impaired. It can also be related to the color scheme you use, the size of your text, and how your site is viewed on different devices (r.g., is it easy to read on a desktop and a mobile device?).
Not only is it respectful to have an ADA-compliant website for those who need the accessibility, but it can affect how people view your brand if you are not inclusive. Fixing how people access your website will put a positive perception into the heads of your potential customers, as well as improve business. These changes will open your company up to a new set of consumers who will appreciate your accessibility efforts and want to choose your products or services. Most importantly, it is the law to be in compliance with ADA guidelines. Since 2018, website accessibility lawsuits have increased by 53% due to companies neglecting or refusing to make changes. These laws are continuously updated, so it is important to stay up to date with them by visiting https://www.ada.gov/.
One example of a major website accessibility lawsuit is KitchenAid (Whirlpool Corporation). A man named Andrew Toro filed a lawsuit against the appliances conglomerate stating that the kitchenaid.com website was not accessible for and discriminatory against blind and visually impaired people. The site was found to lack alt text, navigation controls, and more.
Another example is the lawsuit against Blue Apron, an online meal kit company, where the plaintiff argued that the company’s website was incompatible with screen readers, making the content difficult or unable to be viewed or used. Blue Apron came back with the fact that Title III of the ADA was not relevant since the company did not have a physical location. A New Hampshire court ended up finding Blue Apron’s site not compliant and needing to be updated since they are a place of public accommodation. This case set the example for online-only companies, clarifying that you can still be sued for violating the ADA.
Even people as famous as Beyonce can be served papers for having a non-compliant website. A blind woman came forward stating that she was unable to use Beyonce.com without the help of someone else, resulting in a lack of access to the singer’s products and music. She was unable to browse the website freely due to a lack of alt text, accessible drop-down menus, navigation links, and an inability to use a keyboard instead of a mouse. When music is a major piece of a visually-impaired person’s life, it is disheartening to see that some artists – no matter how big or small – have yet to make the necessary adjustments to their websites in order for everyone to access their content.
You’re probably wondering how to make a website accessible before you find yourself in your own lawsuit. Strategic Marketing is here to help make your website ADA-compliant and avoid any type of legal action.
Fix the technical basics. The most common legal complaints about websites are missing alt text (short descriptions of the photo), lack of navigation tools, missing page titles, or having illegible color contrasts and fonts. You can find out what your website is doing wrong by conducting an audit. Everything should be readable, and web content should have the correct coding. These are the quickest ways to reduce your chances of a website accessibility lawsuit.
Include people with disabilities in your accessibility testing. Automated scans can be helpful, but cannot always emulate the nuances of human interactions with digital interfaces like navigating through links and pages. Using case testing by native users can provide a more holistic understanding of your website or app’s user experience.
Commit for the long-term. The key on how to make a website accessible is to monitor and make changes continuously. The digital landscape is ever-evolving, as are your users and customers. Lasting compliance requires a commitment to ongoing monitoring and maintenance to stay within guidelines and improve your customer experience.
Still need to know how to make a website accessible? Strategic Marketing has the tools and resources to ensure your website is in full compliance with the ADA. Our team is dedicated to ensuring you provide the best user experience for your customers, and that you get the most out of your marketing budget. With our knowledge and proprietary technology, we can have your website fully accessible in no time. To discuss how we can enhance your website, and how you can avoid a website accessibility lawsuit, contact us today.
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