Can You Really Be Sued For Website Accessibility Issues?
November 1, 2016 | dehs
What You Should Know About Website ADA Compliance
Last updated November 1, 2016. This article has not been updated to include recent court decisions or guidance issued by the Department of Justice.
Nearly 19 percent of adults in the United States live with a disability, according to the 2010 census from the US Census Bureau. Of these, 48 percent reported they used the internet – or, 27.2 million people. Today’s marketplace has also shifted online. Most American businesses have an internet presence. Many provide goods and services online, with some now 100 percent web-based, foregoing a physical storefront. While the Americans with Disabilities Act of 1990 didn’t address the internet, the online provision of services has raised new questions and compliance risks.
All businesses should strive to meet the needs of their consumers, including those with disabilities. So it’s wise to consider how features of your website might be adjusted for those using Assistive or Adaptive Computer Technology for web browsing, such as the visually-impaired, color blind, or hearing-impaired. As these are new considerations for most companies, many may be uncertain of how to evaluate their websites for accessibility. In addition, companies across the US have begun receiving demand letters alleging their websites are not in compliance with the ADA, requiring costly legal settlements.
Davenport Evans and Click Rain Offer Solutions
When inquiries about website accessibility compliance skyrocketed this year, Davenport Evans partnered with Click Rain, a Sioux Falls marketing technology agency, to investigate what was behind this trend—and whether their clients needed to worry. Together, the two companies created an accessibility white paper that outlines ADA liability and compliance. It also includes a quick reference accessibility audit to get you started.
Be proactive. Download this free white paper to understand what the courts have to say and how you can control your company’s risk.
See this related story from KSFY: Out-of-state law firms target websites in South Dakota
Davenport, Evans, Hurwitz & Smith, LLP, located in Sioux Falls, South Dakota, is one of the state’s largest law firms. The firm’s attorneys provide business and litigation counsel to individuals and corporate clients in a variety of practice areas. For more information about Davenport Evans, visit www.dehs.com.