Do you really need to get worried about the new website accessibility lawsuits?
The Americans with Disabilities Act (ADA) was introduced into the genre in 1990 as one of the most wide-ranging pieces of civil rights legislation. This act has merged deeper in order to raise the standard for public accommodation especially for the disable people. With the rapid technological inventions and the popularity of the internet has given birth of a question and that is, does ADA can get applied on the websites too or not. In the recent years, it is getting noticed that ADA plays a greater role when it comes to prevent the discrimination based on disability. But the present concern is that in which way the ADA lawsuits can affect your business regime. Actually, in the recent past years, it is getting noticed that the number of lawsuits against the business websites getting increased for failing to meet the requirements of the ADA. For instance, it can get mentioned that only in 2017 near about 814 ADA federal lawsuits have taken place due to cases of inaccessible websites.
Before identifying the next target of new accessibility lawsuits, understanding the actual mission and overview of the ADA is important.
Overview of ADA
Actually, in the era of avant-garde usages of the Internet, the ADA regime was took place into the genre. And there was no specific mentioning of the laws which can get applied to website accessibility but the interpretation space is broader and easily the website accessibility issue can take place.
The fact got prominent with the help of DOJ as it has helped with the hint in 2000 and that is ADA can get applied to websites although there was no specific regulation. After a certain time period, in 2008, tech community decided to enable protection from the potential future litigation and formed a set of guidelines which is presently known as Web Content Accessibility Guidelines –WCAG. And mainly these get used in order to accelerate and complete the projects of designers and developers. Along with these, a fact needs to get mentioned and that is DOJ has not yet adopted the guidelines officially or introduced any legislation in order to relate the guidelines.
Do the web developers really need to get worried about new web accessibility lawsuits?
In the recent past years, it is getting noticed that the lawsuits have only targeted the business organisations regardless of the industry type that are considered as the subject of website and for the instance Domino’s Pizza and Dominos.com can get mentioned. According to a recent lawsuit, both of the websites and the developers are considered as responsible for forming the websites as defendants. Especially for the case of disable people, a recent case needs to get mentioned here. And that is, in January 2018 plaintiff Juan Carlos Gil has filed an ADA case against the management corporation of Wet Willies, the owner of the Wet Willies chain of bars, Sabre technologies and the website developers. According to Gil, as a blind person he uses the screen reader software in order to access the internet and he could not access the website of Wet Willies as the site failed to meet the website accessibility standards based on website content accessibility guidelines 2.0. For the entire disable people community, the site is not properly designed rather accessible. And Gil referred both the business and its website development partner liable for the ADA violation.
But in the next turn, the management of Wet Willies referred the web developers as the main responsible bodies for the inefficient accessibility of the website. If the lawsuit gets succeed then it can get said that it will enable a significant shift in the responsibility of the web developers in order to create and maintain the accessibility of the websites.
In order to align the fact with the subtitle it can get said that the web developers should get worried rather take the job and their area of perform a bit more seriously in order to provide advanced website accessibility or wordpress accessibility from the very initial period otherwise any lawsuit can easily take place and charge huge compensation. In order to make the entire thing more advanced and safe from the lawsuits, having a partnership or consulting with the professional accessibility experts and the legal firms is very beneficial as they offer effective advice in order to measure and reduce the risk of being sued.
What do you need to do if you receive an alleging violation of ADA?
In order to run a business, facing this type of interruption is common but this fact needs to get cared in the right way otherwise it can raise a lot of other interruptions too. If you receive an alleging violation of the ADA then you need to carefully check your contacts in order to check the protections and responsibilities of you. And along with this, you need to start to take action in order to mitigate your liability. You can improve the setting with the proper drawing of compliance plan with a perfect timeline in order to outline the ways of improve the accessibility. And the entire regime should get accelerated under the guidance of legal firms and accessibility experts.
Actually, all the business regime should offer equal opportunity to the user and should take care of the a vital fact and that is never leaving a space where discrimination based on religion, caste, sex and even the disability can take place.
So, if you are a business owner or a web developing service provider and the discussed fact is getting serious to you then come with us and learn more about website compliance for websites. Actually, we are here to offer you a free scan and graded report through which you can easily measure and reduce the risk factors such as your site’s performance against WCAG 2.0 checkpoints. Just contact us and enjoy the free 30 minute consultation about your website’s accessibility. “Ananyoo Team” will be very happy to let you make your website be more accessible to all the people.
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about the author
WordPress and Accessibility Lover. I realize that a Website or an Application is a constantly developing project and requires long-term assistance to make it perfect. Let me blend my accessibility skill with seamless design and development integration using WordPress to make a perfect website for you. I can be your team or become part of your team or let me help when you have a tricky design or development issue and need support. Whatever it is, I will be there to make your things beautiful, accessible, and functional.