As I completed an online shopping purchase the other day, I started thinking about how often I utilize online resources to fulfill tasks I once completed in person. In the year 2023, and especially after a global pandemic that hindered in-person events and errands, many people continue to perform daily tasks online. From online shopping, executing documents electronically, placing online grocery orders, and even communicating with family and friends from afar, you will be hard-pressed to find someone who does not utilize online platforms to complete many of their daily tasks.
Because of this change, retailers and other companies utilizing websites as a means of conducting business spend significant time and effort to ensure their platforms run seamlessly and are aesthetically pleasing. But one aspect they may overlook is whether those platforms are accessible to all patrons, including those with disabilities.
Website accessibility is a rapidly developing topic, due largely in part to the significant rise in litigation stemming from website inaccessibility. In 2022, plaintiffs with disabilities filed approximately 3,255 lawsuits across the United States wherein they alleged that certain websites were not accessible to individuals with disabilities and/or compatible with assistive technologies. Plaintiffs traditionally bring these lawsuits under Title III of the Americans with Disabilities Act, which requires places of public accommodation (including their websites) to be accessible to all, as well as state statutes enacted to provide similar protections.
With all of this in mind, what should businesses do to avoid litigation and increase accessibility? The first step is to determine whether your business constitutes a “place of public accommodation” and is subject to Title III of the ADA. Places of public accommodation traditionally include retail establishments, professional offices, restaurants, and more. Next, businesses should work with companies that specialize in reviewing and remediating website accessibility issues. Additionally, working with attorneys familiar with website accessibility topics can help businesses ensure legal compliance while minimizing the risk of litigation.
Beyond these steps, businesses have access to many free resources to learn more about the rise of accessibility awareness, especially as we approach Global Accessibility Awareness Day on May 18, 2023. As we continue evolving to an increasingly online community, businesses that work to increase website accessibility not only help alleviate legal concerns, but also ensure a broader reach for their business.
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