In this day and age, when websites have become the shopfronts for businesses, ensuring accessibility isn’t just a moral obligation; it’s a legal requirement in the US. The domain owners must comply with the Americans with Disabilities Act (ADA). The Americans with Disabilities Act (ADA) mandates that businesses and organizations make their websites accessible to everyone, including individuals with disabilities. Failing to meet ADA compliance standards can expose domain owners to costly lawsuits, hefty fines, reputational damage, missed business opportunities, and eventually requiring legal help. Here, we will provide insights on the potential risks of running an ADA-non-compliant website and solutions for the same!
What Is ADA Compliance for Websites?
The ADA, enacted in 1990, prohibits discrimination against individuals with disabilities in all areas of public life. Although initially focused on physical spaces, the rise of the internet has extended its scope to include digital platforms. Websites are now considered places of public accommodation, meaning they must be accessible to people with disabilities, such as those with visual, auditory, motor, or cognitive impairments.
Compliance typically involves adhering to the Web Content Accessibility Guidelines (WCAG), which are outline standards for creating accessible digital content. These guidelines cover areas like:
- Providing text alternatives for non-text content (e.g., images and videos).
- Ensuring website functionality via a keyboard for users who cannot use a mouse.
- Maintaining clear and consistent navigation.
- Offering captions and transcripts for multimedia.
Failure to meet these standards can result in your website being classified as non-ADA-compliant, opening the door to several risks. However, you can prevent this by discussing the legal requisites of a website with an expert attorney beforehand.
Legal Risks of ADA Non-Compliance
Lawsuits and Legal Penalties
One of the most significant risks is the potential for lawsuits. Under Title III of the ADA, individuals with disabilities have the right to file lawsuits if they cannot access digital content. Settlements and penalties from these lawsuits can range from thousands to millions of dollars, depending on the nature of the violation and the organization’s size.
Increased Scrutiny and Compliance Audits
You may face increased scrutiny once your business is flagged for having a non-ADA-compliant website. Regulatory bodies or independent organizations could conduct audits to assess your compliance status, leading to additional penalties or mandatory adjustments that can be time-consuming and costly.
Financial Risks of ADA Non-Compliance
Fines and Settlements
The financial consequences of maintaining ADA-non-compliant websites extend beyond legal fees. Businesses may face hefty fines, especially if they’ve ignored prior warnings or complaints. Moreover, settlements often include monetary compensation for the plaintiff and the cost of making the website accessible.
Lost Revenue
A non-ADA-compliant website can alienate a significant portion of your audience. Over 61 million Americans live with a disability, and if they find your website difficult or impossible to use, they’re likely to turn to competitors. Accessibility barriers can lead to lost sales, reduced customer loyalty, and a tarnished brand reputation.
Unplanned Accessibility Overhauls
If your website’s accessibility issues are identified through legal action or customer complaints, you may need an urgent overhaul. Rushed updates can be far more expensive than proactive compliance efforts and may fall short of full accessibility standards.
Reputational Risks of ADA Non-Compliance
Negative Publicity
Lawsuits against ADA non-compliant websites often attract media attention. Negative publicity can harm your brand’s image and erode customer trust. In today’s social media-driven world, even a single lawsuit can lead to widespread backlash and calls for boycotts.
Perception of Neglect
A non-compliant website signals to users that your business does not prioritize inclusivity. This perception can deter not only individuals with disabilities but also their friends, families, and allies, who value brands that champion accessibility.
Increased Risk of Cybersecurity Threats
ADA-compliant websites can be less prone to common security vulnerabilities as they encourage good coding practices, strong form validation, and a focus on clear and secure user interactions. While non-ADA-compliant websites often lack these features, making them more exposed to cyberattacks. A poorly coded website can expose sensitive user data, potentially leading to breaches and identity theft. If your non-compliant website gets involved in identity theft, an identity theft lawyer can file a lawsuit against your business, which can be a risk of losing credibility and financial burden.
The Hidden Risks of ADA Non-Compliance
Overlooking Future Regulations
The legal system associated with digital accessibility is rapidly transforming. By ignoring compliance now, you’re not just exposing yourself to current risks but also failing to prepare for stricter regulations in the future.
Missed Opportunities
Inclusive design doesn’t just benefit people with disabilities—it often leads to a better user experience for all. For instance, captions on videos are helpful for users in noisy environments, and clear navigation benefits older adults with limited tech experience. By not embracing accessibility, you’re missing out on these broader benefits.
Steps to Avoid the Risks of ADA Non-Compliance
Conduct an Accessibility Audit
The first step toward compliance is identifying where your website falls short. Tools like WAVE and Axe can help diagnose accessibility issues. However, a professional audit by an experienced ADA website compliance attorney or consultant will provide a more thorough assessment.
Prioritize WCAG Standards
Adopt the WCAG (Web Content Accessibility Guidelines) 2.1 guidelines as a framework for accessibility improvements. Focus on key principles like perceivability, operability, understandability, and robustness.
Invest in Training and Education
Educate your team about the importance of accessibility and equip them with the skills to design and maintain compliant websites. Training can help prevent recurring issues and ensure your site remains accessible as it evolves.
Regular Monitoring and Updates
Web accessibility is not a one-time task. Regularly monitor your website and update content to maintain compliance. New features, pages, or third-party integrations must also meet accessibility standards.
Seek Legal Guidance
Partnering with an ADA website compliance attorney can provide clarity and confidence as you navigate the complexities of accessibility laws. Their expertise will help ensure your website meets both legal and ethical standards.
The Bottom Line
Ensuring you don’t have an ADA-non-compliant website is more than avoiding legal risks; it’s about fostering inclusivity, protecting your brand reputation, and enhancing user experience. By prioritizing accessibility, your business can avoid costly lawsuits, expand its audience reach, and demonstrate a commitment to equity. If you are already caught in a lawsuit for non-compliance or need any assistance, consider Zemel Law for the best support. We have been offering services in the field for years and are trusted among businesses and individuals. Besides this, we are also the top choice for debt harassment attorneys, successfully fighting for our client’s rights.
