Tag: ada compliance

Does the Americans with Disabilities Act Apply to Your Website?

A surge in lawsuits has businesses asking about website accessibility requirements under the Americans with Disabilities Act, but there are few answers. Figuring out how websites fit into a law that predates the Internet has proved challenging. Courts are divided and specific regulations don’t exist. However, businesses can use the rapidly developing body of case law as a tool to better understand which websites may be subject to Title III of the ADA.

Is your business a “public accommodation” under Title III of the ADA?

Title III generally prohibits places of public accommodation from discriminating on the basis of disability. Public accommodations include various private entities that affect commerce, like restaurants, bars, hotels, theaters, retail and grocery stores, banks, doctors’ offices and shopping centers. Businesses should consult an attorney to determine Title III’s applicability.

Does the ADA apply to your website?

For web-based businesses, it could depend on your location. Courts are split on whether the ADA applies to websites that are not connected to a physical place. Some apply the ADA regardless of any physical location, while others require a sufficient connection (nexus) between the website and an actual physical place. An attorney should be consulted to determine how the law is interpreted in a specific jurisdiction.

For brick-and-mortar businesses, the Title III of ADA may apply if there is a sufficient connection between a business’s website and its physical location. What is a sufficient connection? Instead of applying a well-established, universal test (there isn’t one), courts consider various factors to find a connection.

  • Does the website provide more than basic information about a physical location?
  • Is the website heavily integrated with a physical location?
  • Does the website operate as a gateway to a physical location?
  • Does the website offer services relative to a physical location?
  • Are consumers required to use the website to access a physical location?

Providing basic information online may not be enough, but case law suggests that as integration, functionality and interactivity increase, so too does the likelihood of finding a sufficient connection under the ADA. For example, can consumers use the website to:

  • find locations?
  • view inventory (information, descriptions, images, etc.)?
  • place orders or pre-orders?
  • fill prescriptions?
  • purchase gift cards?
  • learn about sales or promotions?
  • obtain discount codes?
  • sign-up for member rewards programs?
  • manage store accounts?

So, at what point does a website become sufficiently connected for the ADA to apply? It’s too soon to know where the final line will be drawn, but it’s probably safe to assume that each “Yes” brings you one step closer.

Did You Know…. the Americans with Disabilities Act Applies to Websites?

Businesses are increasingly being sued under the Americans with Disabilities Act for operating websites that are not accessible to people with disabilities. Website accessibility case filings nearly tripled from 2017 to 2018. What started as a spike is now looking like a trend. And, since most businesses have websites, most businesses should be concerned.

Title III of the ADA generally prohibits places of public accommodation from discriminating on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations they provide. The ADA defines “public accommodation” to include various private entities that affect commerce, like restaurants, bars, hotels, theaters, banks, doctors’ offices, pharmacies, retail stores, grocery stores and shopping centers.

The ADA does not specifically address website accessibility because the Internet was in its infancy when the law was enacted in 1990. Nevertheless, the Department of Justice Civil Rights Division, which enforces Title III, has repeatedly taken the position that Title III applies to websites of public accommodations. Courts, however, are split on when a website is considered a place of public accommodation that is subject to Title III.

Some courts hold that Title III can apply to websites regardless of any connection to a physical place. Others, however, will not apply Title III without some connection between the website and a physical place. A connection that exists when a website is heavily integrated with and operates as a gateway to physical place.

Domino’s Pizza, for example, let people place orders for pick-up and delivery through its website and app. This was a sufficient connection to apply Title III because the website and app connected customers and facilitated access to the good and services available at Domino’s physical restaurants. The required connection may also be found if a website lets users:

  • locate stores;
  • view inventories (information, descriptions, images, etc.);
  • place orders or pre-orders;
  • purchase gift cards;
  • learn about sales or promotions;
  • obtain discount codes;
  • sign-up for member rewards programs;
  • manage store accounts; or
  • interact with pharmacist or fill prescriptions.

It’s difficult to predict what other factors or features courts may consider when deciding whether a website must comply with the ADA because the law is still evolving. If the ADA does apply, how do businesses comply? Courts often refer to the Web Content Accessibility Guidelines (WCAG), which are private industry standards for website accessibility that have been adopted by other federal agencies. Unfortunately, the DOJ has yet to adopt these or any other guidelines for website and app accessibility under Title III of the ADA.

As a result, businesses have been left to navigate the ADA’s website accessibility requirements with little guidance. A lack of clarity has left many businesses exposed to a surge in lawsuits that is no doubt fueled by the current state of uncertainty.