The ADA does not specifically address its application to business websites. As a result, the courts have had to determine whether and to what extent the ADA requires businesses to make their websites ADA compliant. A number of courts have ruled that commercial websites are places of public accommodation and are thus subject to ADA rules. However, uncertainty remains concerning business’s legal obligations to bring their websites into following ADA compliant website requirements.
The Americans with Disabilities Act (ADA)
Title III of the ADA requires that every owner, lessor or operator of a “place of public accommodation” provide equal access to users who meet ADA standards for disability.
Website Compliance with ADA for 2020
To minimize risks associated with non-compliance, many businesses have erred on the side of caution and voluntarily complied with the Web Content Accessibility Guidelines (WCAG). The WCAG is regarded as best practices for accessibility to websites. Compliance with WCAG is a good way for a business to make its website accessible to users who are disabled while protecting itself against allegations of non-compliance.
Under the most recent WCAG standards, accessibility includes the following the ADA compliant website requirements:
1. Website presentation –
- Descriptive text: Any text used to describe the page titles, headings and link anchor text should be clear and must accurately convey the page or content that follows on its own
- Nested Headings: For each page, headings start with one tag and optionally then flow down based on the hierarchy of subheadings within the page content
- Color: Color on its own cannot convey meaning; if color is used to differentiate between two elements of the website, an alternative must be provided as well
- Clear forms: Each field of a form must have coded labels, clear instructions on how to fix errors and use common formats
- Uniform labels: All images like icons, frames and fields should have descriptive alt tags. Identical elements should have identical labels and tags
- Clean code: Make sure the website is free of code errors to allow easier navigation by screen readers. Eliminate broken links and HTML errors
2. Website Appearance –
- Zoom text: The user must be able to increase the text by up to 200% without negatively affecting the readability of a website
- Color contrast ratio: All text must have a color contrast ratio of 4.5:1 against its background
- Distinctive links: Text links inside a body of text and not inside header or footer navigation menus must use at least two of the following markups: underline, bold, italics and color to differentiate the links from normal text
- Consistent layout and navigation: Maintain a consistent layout framework and header and footer navigation throughout the website. The main pages (About Us vs. Product Page) can have different layouts but pages within those categories must carry the same layout. All product pages must have the same layout
3. Content Alternatives –
- Descriptive alt text: All important images on a website must have descriptive alt text. This also includes charts and infographics that need to have a descriptive caption to connect the alt text with the information in the image
- No images of text: Instead of using images of texts, websites must use text. The exceptions being logos, branding, graph labels, etc
- Text transcripts: Audio or video media must have a text transcript that conveys the full meaning of the audio or video
- Closed captioning: All videos with understandable sounds/voices should have synced closed captioning
- Table data: A large table data must be either accompanied by a body of text that explains the content of the table or it should be broken down into smaller tables
- Extraneous documents: External documents like PDFs, PowerPoint presentations, Excel files or Microsoft Word documents should meet basic respective accessibility requirements like large text, contrast, captions and so forth
4. User Control –
- No automatic pop-ups for commercial purposes: Popups for assistance are allowed. These include popups with instructions like that indicate errors or show a time-warning
- No automatic video or audio: Autoplay is not permitted
- No unexpected changes: No aspect of the website should change unexpectedly. Use mild transitions
- Pause updating/refreshing content: The user should have the ability to pause content that updates or refreshes automatically. Rotating ads are permitted
- Adjustable time limits: All time limits must provide a warning before they expire and the user should have the ability to extend the time limit by up to 8x the original limit before the time limit begins. There are exceptions here like time limits on auction bids
- Important submissions: Users must be able to review and correct critical financial/personal/scheduling information such as credit card numbers, social security numbers, reservation dates and so forth, before finalizing the submission
5. Website Usability –
- Keyboard only: The entire website including all of its elements must be accessible by keyboard only
- Focus indicator: A website should have a focus indicator box that shows on all links and fields
- Skip navigation: A skip navigation link should be available at the top left of every page on a website
- Search function: A search function, at the very least, must be placed on the homepage. If placed on multiple websites, it should remain the same
- Sitemap: A link to a sitemap must be provided for, at a minimum, on the homepage
- Language: A default language is set for the website
Risks of Non-Compliance
Plaintiffs are getting judgments against businesses for discrimination based on non-compliant websites, and businesses are finding themselves having to pay out monetary damages and cover the expense of compliance.
Common problem areas of non-compliant websites include:
- Alt Tags: Alt tags are a frequent culprit behind ADA compliance lawsuits. The lack of descriptive alt text for images and other elements can make it impossible for people using screen readers to choose and buy products
- Keyboard Access: In a case against Sephora, the plaintiff, a blind woman, argued that Sephora’s website failed to meet accessibility standards required by federal and state disability laws. According to the plaintiff, the website had no alt-text keyboard-only use and accessible forms with checkboxes and drop-down menus
- Closed Captioning: Closed captions are crucial in enjoying video content for anyone with impaired hearing. Three large companies have been sued at different times for lack of closed captioning, resulting in judgments or settlements and the businesses had to modify their websites accordingly
Contact Roy Banerjee at KPPB LAW for more information about Any ADA Compliance Matter
Make sure you protect your business against an ADA discrimination claim, follow all ADA website compliant requirements. Consult with an expert in this area of law, Roy Banerjee at KPPB LAW, to find out what you need to do to bring your website into ADA compliance.
