What is ADA Title III?
In 1990, the Americans with Disabilities Act (ADA) was enacted to ensure that people with disabilities have equal access to public facilities, services, and accommodations. Title III of the Americans with Disabilities Act focuses on nondiscrimination on the basis of disability for public accommodation and commercial facilities.
In simpler terms, Title III sets standards that businesses must follow in order to make their physical locations accessible to individuals with disabilities. While Title III does not explicitly provide any regulatory guidance for the internet, websites, or mobile apps, it does not limit its coverage to brick-and-mortar locations or exclude online locations.
The Department of Justice (DOJ), the primary federal government agency trusted with enforcing the ADA, has taken the position that Title III applies to all public-facing websites used by companies that would qualify as places of public accommodation. In short, companies must follow the standards set forth by ADA Title III in regards to their website as it acts as a place of public accommodation.
ADA Compliance for Your Organization's Website
ADA compliance for websites refers to the practice of making digital content accessible to all individuals, including those with disabilities. When making websites ADA compliant, the content should be perceivable, operable, understandable, and robust for all users so that individuals with disabilities are not discriminated against. All content on a company's website should be equally accessible for individuals with or without disabilities in order to stay compliant with ADA Title III. So, why is it important to keep your website ADA compliant?
- Inclusivity: An ADA compliant website promotes inclusivity by ensuring that individuals with disabilities can access and navigate a website without impediment, resulting in a more diverse and inclusive online community.
- Legal Obligation: Non-compliance with ADA regulations can lead to costly legal consequences including lawsuits, penalties, a damaged brand reputation, and more.
- Improved User Experience: Not only do ADA compliant websites promote ease of use for individuals with disabilities, but enhance the user experience for all users. User-friendly websites can often lead to higher sales and more satisfied customers.
- SEO: User-experience is not only important for users, but for search engines like Google too. Google takes website accessibility into consideration as a ranking factor, which could potentially boost a site's visibility in search engine results.
ADA Lawsuits for Website Accessibility
ADA lawsuits for website accessibility have risen significantly in recent years, especially in the state of New York. There were over 250 ADA lawsuits filed for website accessibility in September 2023 in NY alone. The uprise in ADA lawsuits for website accessibility issues can be attributed to several factors, but namely the increased need for technology in our everyday lives. ADA compliance can affect any organization, no matter how big or small.
Some ADA Compliant Website Lawsuits Include:
- Laufer v. Acheson Hotels, LLC
- Slade v. Life Spectacular, Inc.
- Loadholt v. Shirtspace
- Weekes v The Outdoor Gear Exchange, Inc.
- Jenny Hwang v. Zola, Inc.
- Rodriguez, et al. v. Barnes & Noble, Inc.
- Gil v. Winn-Dixie
- Jovan Campbell, on behalf of herself and all others similarly situated, v. Goop Inc.
- Hobbs v. Ally Financial Inc.
- Robles v. Domino's Pizza, LLC
- Nat’l Fed’n of the Blind v. Scribd Inc.
- Markett v. Five Guys Enterprises LLC
- Andrews v. Blick Art Materials, LLC
- Winegard v. Newsday
How We Can Help You Stay ADA Compliant
ACS Web Design & SEO specializes in creating, auditing, and maintaining sites to follow ADA compliance. We offer the following services to help you stay ADA compliant:
- ADA Compliant Website Designs: Our websites are designed with ADA compliance and SEO focus in mind, so your new website will be optimized and ADA compliant from the start.
- ADA Safeguard Site Assurance: ACS offers exclusive Safeguard services that ensure one of our ADA site experts is monitoring your website monthly. We review your site regularly and monitor for any issues that will negatively impact the user experience and/or violate ADA, such as broken links, missing alt text, and more. Our ADA Safeguard Site Assurance Plan gives you the confidence and peace of mind that your website stays on the right side of the law and provides a positive user experience.
- ADA Website Audit: While we recommend Safeguard services to have an ACS ADA expert review your site regularly, we also perform one-time ADA audits to examine your site for any ADA violations.