On March 18, 2022, the U.S. Department of Justice (DOJ) issued new guidance on web accessibility requirements under the Americans with Disabilities Act (ADA). The new guidance describes how businesses that are open to the public and state and local governments can ensure that their websites are accessible to individuals with disabilities.
Equal Access Under the ADA
The ADA requires public and private entities that are open to the public to provide individuals with disabilities full and equal access to their services.
DOJ Position on Websites
Since 1996, the DOJ’s position has been that the ADA’s accessibility requirements apply to websites.
Flexibility and Enforcement
While public and private entities have flexibility to determine how to comply with the ADA, the DOJ provides compliance tips and resources to help organizations avoid enforcement actions for inaccessible web content.
Under the Title III of the ADA, businesses open to the public must provide full and equal enjoyment of their goods, services, facilities, privileges, advantages or accommodations to people with disabilities. Similarly, Title II of the ADA requires state and local governments to provide equal access to all services, programs and activities.
The DOJ, which enforces Titles II and III of the ADA, has consistently taken the position that these ADA requirements apply to web content. In the new guidance, the DOJ indicates that it will continue prioritizing web accessibility.
While acknowledging that no specific, enforceable standards apply to businesses or state and local governments, the DOJ guidance suggests that these entities follow the Web Content Accessibility Guidelines (WCAG) and other standards that apply to the federal government. The guidance also provides examples of common web accessibility issues and samples of enforcement actions that the DOJ has taken against businesses in the past.
According to the DOJ, some barriers make it difficult or impossible for people with disabilities to use websites. Some examples include the use of poor contrast (which can make it difficult for those with limited vision to read) and mouse-only navigation (as some individuals may only be able to use keyboard navigation) and the lack of captions on videos for the hard of hearing.
This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. ©2022 All rights reserved.
Insurance services provided by Granite Insurance Brokers and its licensed agents and affiliates. The information contained within these materials are confidential and not to be distributed. Descriptions are general in nature only. Please refer to the terms and conditions of policies offered or purchased. Insurance products are subject to application and underwriting requirements. Pricing depends on a variety of factors including policyholder location. Not all discounts available in all states. Not all products available in all states. Use of and access to this information, site or any of the links contained within this site does not create a relationship between the user and Granite. © 2022 Granite Insurance Brokers, Inc. All Rights Reserved.
