From Neglect to Nightmare: The Rise of ADA Lawsuits in the Digital Age
How My Work in Digital Accessibility is Saving Companies from Legal Peril
I spent over a year on the streets researching physical accessibility problems in underserved communities to better understand ways that digital accessibility is affecting people with impairments. I'll be writing a lot about this in the coming months.
Looking back on the history of the Internet, we can observe a surge in lawsuits from people with disabilities and technical impairments against companies for failing to ensure their websites and apps are ADA (Americans with Disabilities Act) compliant. This trend underscores the critical need for businesses to prioritize digital accessibility, not just for inclusivity but to avoid costly litigation.
The Rising Tide of ADA Lawsuits
The internet, invented in the late 20th century, revolutionized communication, commerce, and access to information. However, it also introduced new challenges for ensuring accessibility for all users, particularly those with disabilities. As digital presence became ubiquitous, the need for accessible websites and apps grew, leading to increased scrutiny and legal action over non-compliance.
Early Years: Limited Awareness and Regulation
In the early days of the internet, accessibility was not a primary concern. The ADA, enacted in 1990, primarily focused on physical spaces. Digital accessibility regulations were sparse, and awareness was limited. Lawsuits related to digital accessibility were rare.
2000-2010: Emergence of Digital Accessibility Issues
As the internet grew, so did the recognition of the importance of digital accessibility. The W3C introduced the Web Content Accessibility Guidelines (WCAG) in 1999, providing a framework for creating accessible websites. Despite this, many companies lagged in implementing these standards.
2006: The National Federation of the Blind (NFB) sued Target, alleging its website was inaccessible. The case settled in 2008, setting a precedent for digital accessibility lawsuits .
2011-2018: Rapid Increase in Lawsuits
The next decade saw a rapid increase in ADA-related lawsuits as awareness of digital accessibility grew. The number of lawsuits surged by 177% from 2013 to 2018.
2013: 2,722 lawsuits
2014: 4,436 lawsuits
2015: 4,789 lawsuits
2016: 6,601 lawsuits
2017: 7,663 lawsuits
2018: 10,163 lawsuits
The Department of Justice (DOJ) also began affirming that ADA applies to digital spaces, though specific regulations remained under development.
2019-2024: Exponential Growth and Legal Clarity
In recent years, the number of ADA lawsuits related to digital accessibility has continued to grow exponentially. This period has seen several significant milestones:
2019: 11,053 lawsuits
2020: 11,452 lawsuits
2021: 11,452 lawsuits
2022: 12,000+ lawsuits (estimated)
2023-2024: The trend continues, with projections indicating further increases as awareness and legal actions intensify.
Legal and Financial Implications
The average cost of defending an ADA lawsuit can exceed $25,000, not including potential settlements or fines . For small and medium-sized enterprises, these costs can be debilitating. Ensuring ADA compliance in your digital presence can save you these costs. By proactively addressing accessibility, you protect your business from litigation and foster a more inclusive user base.
My role in ADA Technical Compliance is crucial in ensuring that our clients' websites and apps meet ADA compliance standards. This proactive approach not only saves companies from costly lawsuits but also opens up their services to a wider audience, enhancing their market reach and reputation.
Notable Cases in the Airline and Hotel Booking Industries
The airline and hotel booking industries have faced significant scrutiny over website accessibility. Here are a few notable cases:
2014: JetBlue was sued by a blind traveler who alleged that the airline's website was not accessible, preventing her from booking a flight. The lawsuit claimed that JetBlue's website did not comply with the ADA, leading to a settlement that required the airline to enhance its digital accessibility .
2015: United Airlines faced a lawsuit from the National Federation of the Blind, alleging that the airline's website and mobile app were not accessible to blind customers. The case emphasized the necessity for airlines to ensure their digital platforms are navigable by screen readers and other assistive technologies .
2016: Delta Airlines was sued by a group of visually impaired travelers who argued that the airline's website was not ADA compliant. The plaintiffs cited issues such as difficulty in booking flights, checking in, and accessing essential travel information. The lawsuit resulted in Delta committing to overhauling its website to meet accessibility standards .
2017: Expedia and Hotels.com were sued for failing to provide accessible websites for booking hotel accommodations. The lawsuits alleged that visually impaired users could not navigate the sites to make reservations, highlighting the broader issue of accessibility in the travel industry .
Prioritizing Digital Accessibility: Lesser-Known Strategies by Uber and Airbnb
While well-known for their extensive accessibility features, companies like Uber and Airbnb have also implemented lesser-known strategies to ensure their digital platforms are accessible to everyone:
Uber
Voice Command Integration: Uber has integrated voice command functionalities to assist users with visual impairments. This allows them to book rides and navigate the app using voice prompts .
High-Contrast Mode: The app offers a high-contrast mode to improve readability for users with low vision or color blindness.
Screen Reader Compatibility: Uber continuously works to enhance its app’s compatibility with screen readers, ensuring that visually impaired users can navigate the app with ease.
Airbnb
Accessibility Filters: Airbnb has added accessibility filters that allow users to search for properties that meet specific accessibility needs, such as step-free access, accessible bathrooms, and wide doorways .
Detailed Accessibility Information: Hosts are encouraged to provide detailed information about the accessibility features of their properties, which is displayed prominently in the listings.
User Testing: Airbnb conducts regular user testing with individuals with disabilities to gather feedback and improve the accessibility of their platform .
The Legal Framework
The ADA, enacted in 1990, prohibits discrimination against individuals with disabilities in all areas of public life, including digital spaces. Title III of the ADA specifically addresses public accommodations, which courts have interpreted to include websites and mobile applications. The DOJ has consistently affirmed that ADA applies to the digital realm, although specific regulations for websites remain in development.
In 2018, the DOJ reaffirmed its stance that the ADA applies to websites under Title III. This interpretation has been supported by numerous court decisions, compelling businesses to ensure their digital platforms are accessible .
ADA Compliance: Best Practices
To achieve ADA compliance, businesses should adhere to the Web Content Accessibility Guidelines (WCAG) developed by the World Wide Web Consortium (W3C). The WCAG outlines principles for creating accessible web content, ensuring it is perceivable, operable, understandable, and robust. Key practices include:
Providing text alternatives for non-text content.
Making all functionality available from a keyboard.
Ensuring text is readable and understandable.
Creating content that appears and operates predictably.
Federal Resources for ADA Compliance
Businesses can access several federal resources to guide ADA compliance efforts:
Expert Guidance from Level Access
For businesses seeking comprehensive solutions to ensure digital accessibility, Level Access offers robust tools and services. Level Access provides a platform that helps organizations create and maintain ADA-compliant websites and applications, ensuring that digital experiences are accessible to all users.
Conclusion
The rising tide of ADA lawsuits highlights the urgent need for businesses to prioritize digital accessibility. By ensuring websites and apps are ADA compliant, companies not only avoid costly litigation but also embrace a broader, more inclusive audience. As a Senior Technical Compliance Manager, my work ensures that clients' digital platforms are accessible, saving them from potential lawsuits and fostering a more inclusive, profitable business environment.
Sources:
National Federation of the Blind v. Target Corporation Settlement Agreement.
Seyfarth Shaw, LLP. (2019). ADA Title III Federal Filings Hit Another All-Time High in 2018.
ADA Title III News & Insights. (2021). 2020 Year-End Review.
UsableNet. (2020). ADA Digital Lawsuit Recap Report.
Lainey Feingold. (2019). ADA Digital Accessibility Lawsuits in Federal Court.
Department of Justice. (2018). Statement of Interest in Robles v. Domino's Pizza.
Uber Accessibility. Uber Help
Airbnb Accessibility. Airbnb Help
This article outlines the critical importance of ADA compliance in digital design, highlighting how proactive measures can safeguard businesses from litigation while promoting inclusivity.