In 2018, the Department of Justice affirmed that the ADA law applies to all websites. This resulted in a 300% increase in ADA papers served. The primary targets of these lawsuits are necessary, public-facing companies in the hospitality, finance, and other retail business areas.
Being Compliant with the WCAG Level AA standard is widely considered the baseline requirement for websites in the United States. While your website doesn’t have to be Compliant immediately, it is important to show a good-faith effort and plan to make your website Compliant in the future.
Given the increase in demand letters and as much as 93% of these lawsuits are settled out of court for an average of 30K and up, there is a compelling business reason to take action immediately to begin making your website accessible.
We recommend the following (this is not legal advice, rather heuristics based on experience):
- Medium to large companies should seek to Certify their website especially if their websites serve the general public in industries like hospitality, financial services, travel, and entertainment
- Small businesses should start by becoming partially Compliant showing a good faith effort and make this an ongoing effort