What is the Law?
The Americans with Disabilities Act (“ADA”) was signed into law in 1990 and prohibits discrimination “on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations” offered by businesses.
What About Websites & Apps?
The ADA was passed before the Internet as we now know it existed. However, U.S. Department Justice (“DOJ”) has taken the position that the ADA applies to websites, and that to avoid illegal discrimination a website must be designed to be accessible through and compatible with electronic screen reader technology commonly used by blind and visually impaired persons.
What does “accessible” mean?
The DOJ and many well-known advocacy organizations take the position that to be accessible a website must comply with the Web Content Accessibility Guidelines (WCAG 2.0). Formal regulations from the DOJ are expected in 2018. (see Advanced Notice of Proposed Rulemaking), however the absence of formal regulations has not stopped the DOJ or plaintiff law firms from initiating litigation, and multiple courts have found that the ADA applies to websites even without formal regulations.
Ensure that you have done all you can to abide by the laws and regulations. Get a free consultation today so you know where you stand.