Small Businesses and Website Accessibility under the ADA

November 6, 2024 by

The Americans with Disabilities Act (ADA), enacted in 1990, is aimed at ensuring equal access and opportunities for persons with disabilities. Although the ADA primarily addresses physical spaces, its principles are increasingly applied to digital environments, such as websites.

While the ADA does not specify digital accessibility standards, the U.S. Department of Justice and courts interpret the ADA to include websites. Website compliance is generally guided by the Web Content Accessibility Guidelines (WCAG)—which courts, when dealing with website accessibility suits, often refer to—developed by the World Wide Web Consortium (W3C), and the Section 508 (of the Rehabilitation Act) Standards.

Absent steps to comply, small businesses might be exposed to liability under the ADA stemming from their websites. The cost of such liability could include litigation costs, settlement costs, and loss of goodwill arising from any publicized noncompliance suit.

To limit exposure, therefore, small businesses and entrepreneurs should ensure regular expert review and testing of their websites, with an eye, specifically, to compliance with laws and regulations, including the ADA. Further, small businesses should consider engaging individuals with disabilities to provide feedback on the accessibility of their websites. The foregoing steps must be thought of as ongoing, and entrepreneurs and small businesses should remain alert to, and be ready to incorporate, evolving standards and best practices into their websites.

Lastly, small businesses and entrepreneurs should consult with their technology vendors and consultants to ensure that their websites are ADA compliant. By ensuring such compliance, small businesses and entrepreneurs may limit liability exposure, while also reaching a wider market.


Samuel E. Fubara
sam@brownfoxlaw.com

Equipped with years of experience at international law firms, Mr. Fubara advises buyers and sellers in a variety of transactions, including mergers and acquisitions, strategic investments, restructurings, financings and dispositions. Mr. Fubara also advises clients on general corporate and commercial…Read More

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