Check if your website is ADA-compliant

Online shopping seems to be at an all-time high. Just a few clicks of a button on your phone or computer results in a package being at your front door in just a few days, sometimes within hours. This means that many companies are looking to utilize their website to enhance and increase sales. But in the haste to compete, many companies forget to ask themselves one key question — is our website in compliance with the ADA?

That’s right, while most employers are aware the ADA require public places to be accessible to those with disabilities (i.e., parking spaces, ramps, curbs and bathrooms), few are aware that this obligation can extend to the company website. Here is what you need to know to get started in this area.

Yes, the ADA applies to websites

The U.S. Department of Justice (DOJ) — the primary enforcer of Title II of the ADA — has taken the position that ADA-accessibility requirements can extend to company websites and“apps.” As part of its enforcement efforts, the DOJ has required a wide variety of companies to make both their websites and their mobile “apps” ADA-accessible. The emerging consensus is that if your company sells goods or services through its website, then there is likely an obligation to comply with the ADA.

ADA-accessibility for websites, apps

While this question requires an answer that far exceeds the word count of this article, the example of screen readers for the blind can be illustrative. For blind individuals, the Internet can be navigated using “screen reader” software that reads text on a webpage, converting it to a format that blind users can understand, such as audio or Braille. These screen readers can also identify links and graphics to help with site navigation using only a keyboard. While the ADA does not require the provision of screen readers to members of the public who are blind,it would require the website to use code which is compatible with screen readers. Most websites lack such a code.

How big of a deal is ADA-accessibility?

Companies may find themselves asking whether it is really necessary to undergo efforts to make their websites ADA-accessible and wondering “what is the worst that could happen?”

The short answer is that plaintiffs and the federal government have pushed this issue to the forefront and the DOJ is empowered to level substantial civil penalties for noncompliance. Of course, there are also significant PR concerns.

As far as financial damages, there can be substantial penalties. Additionally, the DOJ typically mandates settlement terms which require substantial time and effort by company personnel such as: ongoing testing and reporting to DOJ; retention of an independent ADA-accessibility consultant; adoption of an ADA-accessibility policy; and annual training of website content personnel.

And, putting aside legal concerns, most businesses wanting to maximize their own sales will want their websites accessible to all, including those with vision and hearing difficulties.

Ensuring ADA-accessibility also protects companies against negative publicity or being singled out as unfriendly to the disabled.

What’s next?

If your company has a website that sells goods or services to the public, it is the time to evaluate your website (and most likely talk to a specialist). Companies should start this process by asking themselves three basic questions:

1. Is your website accessibility/navigation/use limited in any way?

2. Does your website sell goods or services to the public?

3. Does your website use screen reader technology without the necessary code?

If the answer to any of these questions is “yes,” then it is time to take action. As many companies have learned the hard way, ADA-accessibility for websites and apps is not a fad but an inevitable reality that can expose companies to substantial civil penalties and unwanted negative publicity. If you this applies to your website, then it is time to talk to a legal and technical expert.