As a small to midsize business (SMB) in Michigan, your business website is often the first point of contact with potential customers. But what if that digital doorway is inadvertently closed to individuals with disabilities? The Americans with Disabilities Act (ADA) isn’t just about physical ramps and elevators anymore—it’s increasingly being applied to the virtual world. And the consequences for non-compliance can be costly.
In 2023, according to UseableNet, there was a 42% increase in ADA website accessibility lawsuits compared to the previous year, with over 4,600 cases filed across the United States. SMBs in Michigan are not immune to this trend, and it’s critical for business owners to understand the fundamentals of ADA website compliance, the risks of noncompliance and, more importantly, the steps you can take to make your digital presence accessible to all while protecting your business from potential legal challenges.
Understanding ADA Website Accessibility
The ADA, enacted in 1990, prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places open to the general public. While the ADA predates the widespread use of the internet, courts have increasingly interpreted the law to apply to websites, considering them “places of public accommodation” (addressed primarily in Title III of the ADA). Courts and the Department of Justice have increasingly interpreted this title to apply to websites and online platforms, arguing that they are extensions of physical spaces of public accommodation.
For businesses, this means ensuring your website is accessible to people with various disabilities, including visual, auditory, motor, and cognitive impairments. Common accessibility issues leading to noncompliance complaints include lack of alternative text for images (which screen readers use to describe images to visually impaired users), poor color contrast, inability to navigate using only a keyboard, and absence of captions for video content.
SMBs are particularly vulnerable to website-related ADA accessibility lawsuits—often filed by a relatively small number of plaintiffs and law firms, commonly referred to as “serial filers.” Unlike large corporations with dedicated legal and IT departments, smaller businesses typically lack the internal resources to stay ahead of accessibility requirements. Plaintiffs’ attorneys are aware of this vulnerability, making these businesses attractive targets. The consequences of non-compliance can be severe, potentially including legal fees, settlements, damages, and mandatory website overhauls.
Best Practices and Action Steps to Avoid Liability
To mitigate the risk of ADA website accessibility lawsuits, consider implementing these key practices:
a. Conduct a comprehensive website accessibility audit
Don’t wait for a complaint to assess your website’s accessibility. Conduct regular audits using internal resources or hire an outside consultant. Automated tools can provide a good starting point, but remember that they may not catch all issues. An audit will help identify problems and provide a roadmap for improvements.
b. Follow Web Content Accessibility Guidelines (WCAG)
The WCAG, developed by the World Wide Web Consortium (W3C), are the most widely accepted standards for web accessibility. For example, all State of Michigan government websites are required to meet the WCAG 2.1 Level AA standard for digital accessibility.These guidelines provide a framework for making your website perceivable, operable, understandable, and robust for all users.
c. Implement key technical improvements
Based on your audit and WCAG guidelines, prioritize essential accessibility features. This may include steps like adding alt text to images and providing closed captions for videos, among other things.
d. Train staff on accessibility
Accessibility should be a company-wide initiative. Provide your staff with guidelines and best practices for creating accessible content, and training to ensure that accessibility remains a priority as your digital presence evolves.
e. Stay informed about ADA requirements and legal updates
The legal landscape around website accessibility is continually evolving. Consult with legal counsel to ensure you’re up to date with the latest standards and obligations for accessibility.
f. Respond promptly to accessibility complaints
If you receive a complaint about your website’s accessibility, take it seriously and address it promptly. Consult with legal counsel immediately if faced with a demand letter or lawsuit. Depending on the situation, several resolution paths may be available. Your lawyer can guide you through these options, weighing the costs and benefits of each. Facing an allegation of ADA noncompliance can be a significant challenge, but with the right approach and expert legal support, your business can navigate the situation effectively.
Conclusion
The rise in ADA website accessibility lawsuits highlights the growing importance of digital inclusivity for businesses. For Michigan’s small to midsize enterprises, addressing website accessibility is an important step for both risk management and customer service.
Take proactive steps today to assess and improve your website’s accessibility. With the right approach and expert guidance when needed, you can protect your business from potential legal challenges. If you have questions or require assistance, please contact Zana Tomich.
