Website requirements for ADA compliance is a serious matter for any responsible business owner, especially considering the proliferation of related lawsuits in recent years. And, although the ADA does not explicitly call out website requirements, the DOJ has proactively enforced web accessibility laws. Moreover, federal and state courts have ruled that the ADA and related state statutes apply to inaccessible websites.
Why are we seeing more lawsuits related to website accessibility?
The surge in website accessibility lawsuits is largely due to the increasing necessity of the internet for daily activities, requiring that digital spaces be accessible to people with disabilities. Additionally, the lack of specific regulatory guidelines under the ADA for web accessibility leaves room for legal challenges as organizations struggle to meet varied standards of compliance.
Statistics reveal a dramatic uptick in legal action:
• Over 4,000 lawsuits in 2021 – 79% against retail/e-commerce.
• 816 ADA Title III lawsuits in 2017
• 2,200 Title III cases in 2018 (180% increase)
While there was a decline in ADA Title III lawsuits in federal courts, the count still topped 8,200 for the second straight year. (https://www.adatitleiii.com/#:~:text=Seyfarth%20Synopsis%3A%20In%202023%2C%20the,a%20staggering%2011%2C452%20in%202021.)From 2013 to 2021, there was a steady climb in these cases, peaking at a significant 11,452 in 2021. Navigating this evolving landscape requires staying informed on ADA guidelines and proactively making web accessibility a priority.
