ADA WEBSITES
ADA-Compliant Websites
BY : ERIC P . WOKAS , CSP ARM RISK CONTROL CONSULTANT
JGS INSURANCE
Title III of the Americans with Disabilities Act ( ADA ) prohibits any “ public accommodation ” from denying “ full and equal enjoyment ” of its services or facilities on the basis of a disability .
To file an ADA claim , a plaintiff must establish ( 1 ) that he or she is disabled ; ( 2 ) that the defendant owns , leases , or operates a place of public accommodation ; and ( 3 ) that the defendant denied the plaintiff — on the basis of the disability — full and equal enjoyment of the premises . In addition , the plaintiff must have personally encountered the barrier complained of or must have been deterred from visiting the public accommodation as a result of the barrier .
Since the ADA was passed before the internet boom , there is no exact language requiring website or digital access , but there are many lawsuits now alleging a violation of the ADA due to “ the inability of a disabled person to use a website thus impeding access to enjoy a physical location .” These claims often imply that the US Department of Justice ( DOJ ) has established firm guidelines for ADA website or app compliance . This is false and misleading . Nevertheless , plaintiff attorneys continue to file claims since there is a one-sided attorney ’ s fee provision where only the plaintiff ( but not the defendant ) can get attorney fees paid by the losing side . These provisions present the opportunity for abuse and often results in bad consequences due to a “ no-lose ” situation for the plaintiff even when their case is weak .
Even though the DOJ has not issued specific and binding website accessibility regulations that govern ADA violations , courts have consistently ruled that the ADA requires commercial websites to be accessible to disabled users . Thus , at minimum , it is prudent to make your website accessible to persons with disabilities and it is a good business practice as well .
Since no formal government standards exist for private websites , a consortium of international web innovators called World Wide Web Consortium ( W3C ) has created a series of web content accessibility guidelines ( WCAG ) that serve as standards website developers need to follow to ensure that all Americans can access websites more easily .
The WCAG summarizes its requirements into four main parts , called POUR :
PERCEIVABLE
All website owners should offer their users information and user interfaces in an easily perceivable manner . Moreover , they must provide text alternatives for nontext content such as images , voice , and videos . They must also offer captions or text summaries for audio and video content . Being perceivable also requires that the content should be easy to identify programmatically . This includes ease of listening and reading that features good contrast and easy volume controls .
OPERABLE
This requirement means every user interface component and navigation needs to be easy to operate . For example , the interfaces must include keyboard usage . Moreover , users should have enough time to read content and perform necessary tasks .
Also , website owners need to avoid creating and uploading content that could cause seizure among users .
UNDERSTANDABLE
All information and user interface operations should be easy to understand . The interface has to assist users to avoid and rectify mistakes when entering input . Lastly , the interface and content should function predictably to enhance reliability .
ROBUST
The WCAG require all content to be robust enough to allow various user agents , such as assistive technology , to interpret it easily . The content must also be accessible to every user and remain abreast with technological advancements such as mobile tech . Finally , the content and website must offer utmost compatibility with most , if not all , web browsers .
As an alternative , according to the Department of Justice , any business that has an inaccessible website can also comply with the ADA by providing an accessible option , such as a staffed telephone information line , for individuals to enjoy its goods or services . +
Eric P . Wokas has over 25 years of experience as a risk management consultant working for various major property / casualty insurance carriers including Continental , Zurich and Gerling as well as Aon an international insurance brokerage firm . At JGS Insurance Eric Wokas continues to assist clients in development and implementation of practical solutions in reducing risk .
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