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Public & Private Web Accessibility Complaint Repository

Posted December 22, 2015

AudioEye

Posted December 22, 2015

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The following list summarizes some of the many high profile Web Accessibility lawsuits and complaints filed by various public and private organizations. Check-in regularly for updates.

The following list summarizes some of the many high profile Web Accessibility lawsuits and complaints filed by various public and private organizations.

Check-in regularly for updates.

eHarmony

  • Lawsuit filed by: Mary West
  • Year: 2015
  • Complaint: Disability discrimination on the basis of website accessibility

Summary: The lawsuit was filed, alleging that eHarmony is discriminating against people with disabilities because their website is inaccessible to people who are blind and use screen readers. According to the claims, the eHarmony website is inaccessible because it does not use alternative text (alt-tags) and relies on pop-up forms that screen readers cannot access.

Related Resources

eHarmony Discriminates Against the Blind: Lawsuit

WellPoint (Anthem)

  • Structured Negotiation with: Steven Mendelsohn and Sam Chen
  • Year: 2014
  • Complaint: Inaccessible website for people with disabilities

Summary: Mendelsohn and Chen are two people with visual impairments who are members of Anthem Blue Cross, which was an affiliate of WellPoint before the merger of the two to become Anthem. The two entered into a structured negotiation to ensure materials and the website follow WCAG 2.0 in order to be accessible for people with visual impairments. To follow WCAG 2.0 standards, WellPoint will have third party vendors test and evaluate the website, as well as have procedures and policies be put in place to ensure continued website accessibility.

Related Resources

WellPoint Accessible Information Agreement

Scribd, Inc.

  • Lawsuit filed by: National Federation of the Blind and Heidi Viens
  • Year: 2014
  • Complaint: Inaccessible mobile app and website to people who have visual impairments

Summary: According to the claims, Scribd, a service that offers a digital library of reading material to its members for a monthly fee, is said to have an inaccessible mobile app and website. Heidi Viens, a mother who is blind has stated that she would be a member but her screen reader cannot read Scribd’s web content. In not being fully accessible to people who are blind, Scribd is denying users equal access to their services and accommodations, violating the Americans with Disabilities Act (ADA). The judge presiding over the case ruled that Scribd falls under a place of accommodation under the ADA.

Related Resource

National Federation of the Blind et. al. v. Scribd Inc. Opinion and Order [PDF]

Redbox

  • Lawsuit filed by: Lighthouse for the Blind & People with Visual Impairments
  • Year: 2014
  • Complaint: Inaccessible self-service, touchscreen rental kiosks

Summary: According to the allegations, Redbox’s self-service, touchscreen DVD rental kiosks are not accessible to people with visual impairments. In the settlement with Lighthouse for the Blind and several individuals with visual impairments, Redbox will have non-visual user interfaces at the kiosks and they will make their website accessible to people with disabilities.

Related Resources

Redbox and Lighthouse for the Blind: DRA Announces Settlement Agreement

Peapod

  • Settled with: The U.S. Department of Justice
  • Year: 2014
  • Complaint: Violations of the Americans with Disabilities Act

Summary: Peapod is an internet grocer that delivers groceries that people order from their website. The Department of Justice alleged that their website was inaccessible to people with disabilities, violating the Americans with Disabilities Act. In the settlement, Peapod agreed to make its website and mobile applications accessible using the WCAG 2.0 standards, hire an accessibility coordinator and provide accessibility training, develop policy and procedures, and solicit feedback from people with disabilities.

Related Resources

Justice Department Enters into a Settlement Agreement with Peapod to Ensure that Peapod Grocery Delivery Website is Accessible to Individuals with Disabilities

Peapod Settlement Agreement [PDF]

General Services Administration (GSA)

  • Lawsuit filed by: American Council of the Blind (ACB) and three individuals who are blind
  • Year: 2014
  • Complaint: Inaccessible website and mobile applications

Summary: The federal contractors, GSA’s website SAM (System for Award Management) was inaccessible to government contractors who were visually impaired. This made the government contractors unable to register and renew their government contracts online. In the first cause of action, ACB outlines how GSA is in violation of Section 504 of the Rehabilitation Act. In their settlement, GSA agrees to make the SAM website accessible to people with disabilities.

Related Resources

Civil Action Class Action Lawsuit between ACB and GSA

WLC Reaches Landmark Settlement on Behalf of Blind Contractors

Weight Watchers

  • Structured negotiation with: American Council of the Blind (ACB), Alice Ritchhart, and Lillian Scaife
  • Year: 2013
  • Complaint: Inaccessible content for members who are visually impaired

Summary: Weight Watchers members, Alice Ritchhart and Lillian Scaife who are blind could not access Weight Watchers website and mobile content and did not have access to print material in accessible formats. In the structured negotiation with ACB and their members, Weight Watchers will have a website and mobile applications follow the standards in WCAG 2.0.

Related Resources

Weight Watchers Print and Digital Accessibility Settlement Agreement

Safeway

  • Structured negotiation with: Customers who have visual impairments
  • Year: 2013
  • Complaint: Inaccessible online grocery delivery website

Summary: According to the claims, customers who have visual impairments were unable to access the Safeway website used for grocery deliveries, violating the Americans with Disabilities Act. In the structured negotiation, Safeway will utilize WCAG 2.0 Level AA to make their website accessible for people with disabilities.

Related Resources

Safeway Web Accessibility Settlement Agreement

Monster.com (Monster Worldwide)

  • Settled with: National Federation of the Blind
  • Year: 2013
  • Complaint: Inaccessible web-based content for people with visual impairments

Summary: According to the NFB, Monster became the first in its industry to make a fully accessible website to users who are blind. In their settlement with the National Federation of the Blind, Monster made their website and mobile applications accessible to job seekers who have visual impairments.

Related Resource

Search Website to be Fully Accessible

Cavaliers Operating Company (Quicken Loans)

  • Settled with: The United States Attorney’s Office for the Northern District of Ohio
  • Year: 2012
  • Review: Americans with Disabilities Act

Summary: The Quicken Loans Arena, operated by Cavaliers Operating Company, was reviewed by the United States Attorney’s Office for the Northern District of Ohio (USAO) for Title III compliance, under the Americans with Disabilities Act. In the agreement, the Cavaliers Operating Company will provide accessible seating, accessible ticket purchasing, accessible real-time communication, accessible websites, and updated policies and procedures for accessibility. Under the website accessibility commitments, they will adhere to the standards set forth in the Web Content Accessibility Guidelines (WCAG) 2.0, Level AA.

Related Resources

Settlement Agreement Between the United States of America and the Cavaliers Operating Company, LLC

American Cancer Society

  • Structured negotiation with: American Council of the Blind
  • Year: 2011
  • Complaint: Accessibility formats for people with disabilities

Summary: Through a structured negotiation, the American Cancer Society (ACS) and American Council of the Blind (ACB) disputed about the legal extent ACS had to provide accessible materials and accessible websites for people with visual impairments. Through the structured agreement with ACB, ACS committed to making its website accessible following the Web Content Accessibility Guidelines (WCAG) 2.0, Level AA.

Related Resources

American Cancer Society Accessible Website and Alternative Formats Agreement

CBS Broadcasting, The Price is Right

  • Settled with: The U.S. Department of Justice
  • Year: 2011
  • Complaint: Violation of Title III of the Americans with Disabilities Act

Summary: The U.S. Department of Justice (DOJ) investigated The Price Is Right after three complaints that it discriminated against people with disabilities, violating Title III of the Americans with Disabilities Act. The DOJ found that The Price Is Right did fail to provide equal access to people with disabilities and that their website was not fully accessible. In their settlement, The Price Is Right agreed to not discriminate against individuals with disabilities and remove barriers to people with disabilities. Their website also went under a transition to become accessible to people with disabilities.

Related Resources

Settlement Agreement Under the ADA Between The United States of America, Fremantle Productions, Inc., and CBS Broadcasting Inc. Regarding the Price is Right

Walt Disney Company

  • Filed by: Cari Shields and Amber Boggs
  • Year: 2011
  • Complaint: Violation of the Americans with Disabilities Act

Summary: Shields and Boggs, two annual pass holders for the Disneyland in Anaheim, CA filed a suit that alleges that Walt Disney Park and Resorts and Disney Online violated Title III of the Americans with Disabilities Act, including discrimination on the basis of having an inaccessible website to people with visual impairments. The plaintiffs sought for Disney to be compliant with the ADA by making their websites accessible.

Related Resources

Class Action Lawsuit Against Disney Alleges Inaccessible Website and Failure to Accommodate Blind Persons in Violation of ADA

National Conference of Bar Examiners (NCBE)

  • Settled with: National Federation of the Blind
  • Year: 2010
  • Complaint: Violation of the Americans with Disabilities Act

Summary: Three law school graduates who are blind registered to take the bar exam but the Multi-state Bar Examination, which is needed to pass the General Bar Examination, was, according to the claims, not accessible to the blind. The three law school graduates requested to be able to take the examination on a computer with screen access software but the NCBE refused the request. The graduates and the National Federation of the Blind alleged that, in doing so, the NCBE violated the Americans with Disabilities Act. A Judge order NCBE to allow law school graduates to be able to take the examination on computers with screen readers.

Related Resource

Graduate

U.S. Small Business Administration

  • Settled with: National Federation of the Blind and Virgil Stinnett
  • Year: 2009
  • Complaint: Violation of Section 508 of the Rehabilitation Act

Summary: The NFB and Virgil Stinnett filed a lawsuit against the U.S. Small Business Administration (SBA) for violating Section 508 of the Rehabilitation Act because their website was inaccessible to people who are blind. In their settlement, SBA agreed to make their website accessible to comply with Section 508, as well as hire a coordinator and run testing periodically to find barriers that users who are blind might encounter.

Related Resources

Resolution Agreement among the U.S. Small Business Administration and National Federation of the Blind and Virgil Stinnett

Social Security Administration (SSA)

  • Settled with: National Federation of the Blind
  • Year: 2009
  • Complaint: Violation of Section 508 of the Rehabilitation Act

Summary: The National Federation of the Blind and a Social Security beneficiary, who is blind, filed a complaint against the Social Security Administration because their website is inaccessible to people with visual impairments. The website contains barriers so assistive technologies users cannot fill out forms and questionnaires and access information about their social security benefits.

Sydney Organising Committee for the Olympic Games

  • Settled with: Bruce Lindsay Maguire
  • Year: 2000
  • Complaint: Inaccessible website for people with disabilities

Summary: Bruce Maguire was trying to find information about seating at the Olympics but found there wasn’t any information in braille and the website was inaccessible to people with disabilities. The Australian Human Rights and Equal Opportunity Commission found that the Sydney Organizing Committee for the Olympic Games had to fix its website because it had engaged in conduct that was found to be unlawful. Instead of making their website accessible to people with disabilities, they ignored the ruling and paid compensation. As of 2014, Maguire was still fighting to make Australian websites accessible to people who have visual impairments.

Related Resources

Bruce Maguire still fighting to make websites accessible to people with disabilities

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