Here's everything you need to know about ADA compliance laws and how to protect your website and business against compliance lawsuits.

The education industry is facing another challenge as the school year begins: a skyrocketing number of digital accessibility lawsuits. In July and the first week of August, we have tracked 35 federal lawsuits targeting the education industry filed in U.S. Federal District Court. To put that in perspective, there were just two federal lawsuits the entire first half of 2020. That’s a 1,750% increase, with new cases filed almost every day. If your institution doesn’t have a strong position on digital accessibility, there could be trouble ahead.

A lawsuit filed against Gimlet Media, a leading digital media company, recently garnered plenty of attention both within and beyond the website accessibility community. This lawsuit, among others, elevates the importance of digital accessibility being a core capability of any modern digital platform, especially as companies are required to comply with legislation such as Title III of the ADA and the California Unruh Civil Rights Act.

Lawsuits against companies suspected of flouting the online accessibility requirements related to the Americans with Disabilities Act (ADA) are now a regular feature of courtrooms in the US. From 2017 to 2018, the number of cases surged and they continued to increase throughout 2019. To help companies better understand the risk of litigation, we continuously track ADA-related proceedings. So, how is the picture changing as we start a new year?

An estimated 25 percent of adults in the United States are living with disabilities, and government organizations are mandated under Title II of the Americans with Disabilities Act (ADA) as well as Sections 504 and 508 of the Rehabilitation Act of 1973 to ensure that their online content is accessible to this large and growing population. For commercial organizations, the picture is less clear. Strictly speaking, Title III of the ADA mandates accessibility in the physical world but not the virtual world.

If the issue of digital accessibility is on your radar, you may be closely following the now-infamous Domino’s digital accessibility case. If not, let’s get you up to speed… Three years ago, Guillermo Robles, who is blind, filed suit against Domino’s claiming its website and mobile app are not accessible to those who rely on a screen reader to navigate online content. Robles claims inaccessible online content equates to a violation of Title III of the Americans with Disabilities Act (ADA).

Fifteen percent of the world’s population lives with some form of disability. Seventy-five percent of that population uses computers or digital devices. Digital Accessibility is about people, a lot of people. It is about their right to access all of the information in the digital world and to use digital tools to lead a happier and more productive life. Websites that are not built accessibly are barriers that prevent people with disabilities from having equal access to information and tools they need. 

Recently, our AudioEye team attended the CSUN Assistive Technology Conference in San Diego. CSUN is the largest international conference on assistive technology. The conference brings together participants from across the industry, everyone from makers of talking pill boxes, to our colleagues at Level Access, Siteimprove, ADA Site Compliance, and the accessibility teams from Microsoft and Google who are leading the way in making technology more accessible.

What You Need to Know: Educational establishments are being investigated in response to complaints received by the Office for Civil Rights. Complaints on disability discrimination were high with a focus on website accessibility. The U.S. Department of Education’s has reached settlements in response to complaints received.

The following list summarizes some of the many high profile Web Accessibility Lawsuits and complaints filed in association with Finance & Banking industries. Check-in regularly for updates.

Affordable Care Act. Under the Affordable Care Act (ACA) of 2010, the United States Department of Health and Human Services (HHS) is implementing a Meaningful Access Rule. The Meaningful Access Rule will apply to the ACA’s Section 1557’s anti-discrimination policies. This section defines that any health care provider that receives funding from the federal government must not discriminate any individual on the basis of race, color, nationality, sex, age, or disability. The new regulations will require theses health care providers to provide physical and Electronic and Information Technology (EIT) accessibility.