Website ADA Compliance

Donʻt Take a Chance at Being Fined for Inadequate ADA Website Access 

ADA Compliant Website

All websites are required to meet the Americans with Disabilities Act (“ADA”) Standards. Failure to meet ADA requirements can result in a $75,000 fine for first offenders and $150,000 for second offenders, plus compensatory damages and attorney fees. Contact Us »

FAQs

All websites are required to be ADA compliant. No business is immune from being sued for failing to have a website that is accessible to everyone.

POSSIBLE EXCEPTIONS: Some legal experts argue that ADA should not apply to religious organizations and private clubs, as they are entities which historically have been exempt from federal civil rights laws. Some legal experts also argue that businesses with less than 14 employees and companies that operate less than twenty weeks per year may be exempt from ADA compliance. NOTE THAT WE DO NOT RENDER ANY LEGAL CONCLUSIONS AND THAT WE RECOMMEND YOU CONSULT AN ATTORNEY TO DETERMINE YOUR LEGAL STRATEGY.

Websites at the highest risk for ADA accessibility infractions are typically in industries or sectors that face high public visibility or are legally required to ensure inclusivity. These include:

1. E-Commerce Websites: High risk due to transactional nature. Users must be able to browse, select, and purchase goods or services with accessibility features like keyboard navigation, screen reader compatibility, and proper form labeling.

2. Healthcare Websites: Includes hospitals, clinics, pharmacies, and telemedicine platforms. These websites provide essential services and must be accessible for scheduling appointments, accessing medical records, and reviewing health information.

3. Government Websites: Federal, state, and local government sites are legally obligated under Section 508 of the Rehabilitation Act to ensure accessibility. Includes public service announcements, voting information, and citizen services.

4. Educational Institutions: Schools, universities, and online learning platforms must accommodate students with disabilities. ADA compliance ensures accessibility for course materials, virtual classrooms, and enrollment processes.

5. Financial Services: Includes banks, investment platforms, and insurance providers. Users must be able to manage their accounts, access statements, and complete financial transactions.

6. Hospitality and Travel: Hotels, airlines, and travel booking sites need to provide accessible reservation systems, itineraries, and accommodation details.

7. Media and Entertainment: Streaming services, news websites, and entertainment hubs are required to offer features like closed captions, audio descriptions, and accessible navigation.

8. Nonprofit Organizations: These websites often receive federal funding, making ADA compliance mandatory. Accessibility ensures inclusivity for donations, event participation, and service access.

9. Legal and Law Enforcement: Legal firms, courts, and law enforcement agencies provide critical services that must be accessible to all, including people with disabilities.

10. Retail and Food Services: Restaurants, grocery stores, and delivery platforms must enable users to make reservations, order food, and view menus with ease.

Factors Contributing to Higher Risk:

  • High traffic volume: Increased visibility means more scrutiny.

  • Essential services: Failure to comply directly impacts users’ ability to access crucial resources.

  • Lack of awareness: Small businesses often unintentionally overlook accessibility.

For a first violation, the fines can reach up to $75,000, while subsequent violations can result in penalties of up to $150,000. Additionally, businesses may be ordered to pay compensatory damages to the aggrieved parties, cover attorney fees, and implement corrective actions to bring the website into compliance.

There are several compliance software services for websites that perform on-going audits to ensure adherence to Web Content Accessibility Guidelines (WCAG) standards and notify you when your website is at risk. Most also offer AI features to translate content for specific disabilities such as color blindness and epilepsy.

Key items that relate to ADA conformance include alternative text for images, keyboard navigability, captioning for multimedia, proper color contrast, clear navigation, and compatibility with screen readers.

The timeline depends on the website’s size and complexity. Small websites may take 2-4 weeks, while larger or more complex sites could require several months.

The cost to make a website ADA-compliant varies based on factors like website size, complexity, and existing accessibility issues. On average:

  • Compliance Software: One of our favorites is Userway.com which costs around $500/year for small websites (1K page views/mo) and $1,500/year for medium size websites (1M page views/mo).
  • Initial Content Upgrades: To implement compliance software and upgrade existing content to conformance, a small website typically costs around $3,000, a mid-size website up to $10,000, and large or complex sites exceeding $50,000.
  • Maintenance Costs: Ongoing maintenance varies depending on amount of new or edited content on your website.