ADA Lawsuits Are Rising. Cut Costs, Not Corners by Making Your Website Compliant

Apr 3

I'm continually surprised by how often ADA compliance is overlooked. From small startups to large enterprises, I see entrepreneurs, product owners, and C-suite executives treating ADA compliance as an expendable line item—a corner to cut, especially when working with lean marketing budgets, under the assumption that a lawsuit won't happen to them.

However, recent data tells a different story. In 2023, 4,605 lawsuits were filed against businesses with non-compliant websites under the Americans with Disabilities Act, a 42% increase compared to 2022.

Some law firms are even filing dozens of lawsuits on behalf of a single plaintiff, underscoring that any business, regardless of size or industry, could be the next target of this widespread legal strategy. The process is costly and can reflect poorly on your brand.

While it may be tempting to debate the merits and predatory nature of these lawsuits, the reality is that such discussions are irrelevant; this is simply the world we live in. Plus, you can shield your business from costly legal repercussions by resolving compliance issues quickly and affordably. Doing so may even enhance customer conversion and loyalty, as it can bolster your content strategy and help reach the 42.5 million Americans with disabilities—approximately 13% of the population—who might otherwise be excluded.

People with disabilities navigate the web using various tools: screen readers for those who are blind, captioning for those who are deaf or hard of hearing, and voice recognition software for those unable to use a mouse. Poor website design can create unnecessary barriers to accessing information and services online.

What is ADA Website Compliance?

ADA website compliance is ensuring a website is accessible and inclusive for people with disabilities. This means that all visitors, regardless of their abilities, should be able to perceive, operate, understand, and interact with the site effectively on various accessibility devices.

You wouldn’t build a brick-and-mortar business without considering accessible parking, entryways, seating, restrooms, and more. In the same vein, you shouldn’t build a digital space that can’t be accessed by all users.

Why ADA Web Compliance Matters for Your Business

Under the ADA, businesses can face fines of $75,000 for a single violation, with penalties rising to $150,000 for repeated offenses. Some businesses are given the opportunity to settle if sued, or they may receive a demand letter outlining specific violations and a deadline to address them, potentially avoiding a lawsuit.

Beyond legal compliance, it's essential to provide an inclusive web experience. People with disabilities navigate the web using various tools: screen readers for those who are blind, captioning for those who are deaf or hard of hearing, and voice recognition software for those unable to use a mouse. Poor website design can create unnecessary barriers to accessing information and services online.

What Businesses are Most At-Risk for Website Lawsuits?

The short answer is all businesses are at risk for ADA website lawsuits. Being a small business will not protect you–77% of lawsuits are being filed against organizations with under $25 million in revenue.

The e-commerce sector is hit hardest, accounting for 84% of lawsuits. Federal agencies and those receiving federal funding must adhere to Section 508, facing potentially greater scrutiny.

While ADA compliance is essential for most business websites, religious organizations and private clubs are currently exempt, though this could change.

What Level of ADA Website Compliance Do You Need?

Businesses are encouraged to follow the Web Content Accessibility Guidelines (WCAG) for ADA web compliance, which encompasses three levels. WCAG 2.0 Level AA is widely perceived as the benchmark for web accessibility, meaning it will likely give you the protection you need to prevent a lawsuit.

The guidelines are complex. You should rely on your web developer and content strategist to interpret what they mean for your business and consult with a lawyer for the best outcome.

Level A

Starting with Level A compliance is a solid foundation for any business. It ensures that your website incorporates essential accessibility features, making it more inclusive for users with disabilities. At this level, you’ll focus on key aspects such as:

Text contrast: Ensures readability for users with visual impairments.
Well-structured and accurately labeled content: Facilitates easy navigation and understanding.
Alt text on images: Provides descriptions for users who rely on screen readers.
Text resizability: Allows text to be scaled up to 200% without loss of content or functionality.
Limit flashing: Web content should not flash more than three times in a single second.

Implementing these features is a step towards compliance as well as a hallmark of effective web design. While many modern sites naturally incorporate these elements, older sites may require additional adjustments to meet these basic standards.

Level AA

Federal agencies, organizations receiving federal funding, and those serving federally funded bodies must comply with Section 508 of the Rehabilitation Act, which mandates Level AA accessibility. This applies to entities like doctors' offices accepting Medicaid or Medicare, museums, and universities.

Level AA compliance addresses the most common barriers that users with disabilities encounter and serves as the benchmark for accessible websites. Building upon the foundation established by Level A, Level AA introduces additional requirements to enhance accessibility, including:

Captioning and transcripts: Providing captions and transcripts for video content ensures that users with hearing impairments can access the information.
Keyboard navigation: Ensuring that users can navigate your site using only a keyboard, accommodating those who cannot use a mouse.
Accessible authentication: Implementing authentication methods that avoid challenging puzzles, making it easier for users with cognitive disabilities.

Level AAA

Level AAA represents the highest standard of accessibility, though achieving this level can sometimes limit your website's design and functionality. This stringent compliance is often ideal for organizations serving specific disability populations or those committed to the most comprehensive accessibility. Key requirements include:

Simplified language: Content should be written at a reading level no higher than lower secondary education, ensuring broader comprehension.
Enhanced standards: It also demands higher standards for features introduced in Levels A and AA, such as more robust color contrast, extended time limits for content, and more stringent keyboard navigation options.

Steps To Make Your Website ADA-Compliant

ADA Compliance Audit
Use a website ADA compliance tester to scan your website for potential issues. Free tools like accessScan, Lighthouse, WAVE, or the ARC Toolkit make it easy for you or your web developer to identify barriers for users with disabilities.
Complete the Website Accessibility Checklist
Businesses are encouraged to follow the Web Content Accessibility Guidelines (WCAG) for ADA web compliance, which encompasses three levels. WCAG 2.0 Level AA is widely perceived as the benchmark for web accessibility, meaning it will likely give you the protection you need to prevent a lawsuit.

In most cases, the WCAG guidelines can be simplified into practical action items, and this downloadable HubSpot web accessibility checklist does just that. Whether you're building a new site or updating an existing one, this checklist provides clear, actionable steps for you and your web developer to enhance accessibility.
Follow SEO and Content Marketing Best Practices
Following SEO and content marketing best practices often inherently improves website accessibility because both disciplines prioritize user experience and clarity, which are essential for accessibility. For example, optimizing meta tags, headers, and alt text for search engines also ensures that screen readers can effectively interpret content for visually impaired users. Practices like responsive design, fast load times, and mobile optimization also benefit users with disabilities while bolstering SEO. Creating clear, concise, and well-structured content benefits all users by making information easy to navigate and understand.
Manually Test Accessibility
Put yourself in the shoes of a person with disabilities by navigating your site through various methods. Try using your site with just a keyboard, a screen reader, or other assistive devices, and test it on mobile devices and across different browsers. Consider asking people in your network—especially seniors, those with impaired vision, or other disabilities—to test your site. Their feedback can provide valuable insights into how user-friendly and accessible your site truly is.
Create an Accessibility Page
Add an accessibility page or statement to your site to demonstrate a genuine commitment to inclusivity for all users. Clearly state the level of WCAG compliance you're targeting, and provide contact information so users can request additional accommodations if they encounter challenges accessing the information, products, or services you offer.

ADA website compliance is a nonnegotiable investment. It's about ensuring that the disability community has equal access to the digital world. By prioritizing inclusivity in your web design and functionality, you’ll broaden your audience and provide greater value to all users because your site is well organized and has a clear user journey.

Website Accessibility Checklist

Web Pages

Each web page has a unique page title.
There is a distinct contrast between text and background colors
Page content is organized with section headers.
Color alone is not used to convey action.
Lists formatted properly & with headings.
Content does not have time restrictions.
Web pages can be crawled by screen readers.

Images

Images have descriptive alt-text.
Text-only images are not used.
Tables have alt-text describing the contents or the data.

Video & Media

Written transcripts are available for all audio and video content.
Audio transcripts are available for videos.
All media have a text description.
Description contains a way to view or access the written transcript.
All videos (including live) have captions.
On-page media does not auto-play.
Media can be stopped, paused, or muted.

Animations

Content does not flash 3+ times/second.
Users can stop content from blinking or
flashing excessively.

Navigation

All web pages have the same header nav.
Your website has breadcrumb navigation.
Users have access to a clear site map.
All parts of the site are accessible through keyboard navigation.
Dropdown functionality is accessible with keyboards.
There are no keyboard traps or dead ends.
Users can access “Skip to Content” feature.

Text

Text can be manually magnified by 200%.
Small text has a contrast ratio of at least 4.5:1.
Large text has a contrast ratio of at least 3:1.

Other Considerations

Content is accessible in multiple ways without a user losing information.
Content & instructions are not limited to one sense.
Link text is clear and actionable, rather than vague or the link itself.
Your site is accessible by all browsers.
You have a documented web accessibility policy.
Your accessibility policy is linked on your site.
Users have a way to report accessibility issues with your website.

Maggie Sullivan