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ADA Compliance and Business Websites: A Defense Attorney Perspective

The Americans with Disabilities Act (ADA) was enacted in 1990 with the aim of ensuring that people with disabilities are not discriminated against in all areas of life, including employment, transportation, and public accommodations. However, in recent years, there has been a debate about whether the ADA applies to business websites.

The New York ADA defense lawyers at The Samuel Law Firm detail more on this below.

Applicability of the ADA to Business Websites:

The ADA prohibits discrimination against people with disabilities and requires public accommodation places to be accessible. While the ADA does not explicitly mention websites, the Department of Justice (DOJ) has clarified that websites are included in the definition of “places of public accommodation.” Therefore, businesses that operate websites are subject to the ADA, and they must ensure that their websites are accessible to people with disabilities.

Web Content Accessibility Guidelines (WCAG) 2.0 and 2.1:

The WCAG 2.0 and 2.1 are the international standards for website accessibility. The guidelines provide a set of recommendations for making websites more accessible to people with disabilities, including those with vision, hearing, or mobility impairments. The WCAG 2.0 and 2.1 have three levels of compliance: A, AA, and AAA. The DOJ recommends that businesses comply with the AA level of the WCAG 2.0 standards.

Hypothetical Examples of the Applicability of the ADA:

1. A blind person tries to access a business’s website to make a purchase, but the website is not accessible using screen readers or other assistive technologies. The business is in violation of the ADA.

2. A person with a mobility impairment tries to book a hotel room through the hotel’s website, but the website does not provide alternative text for images or has poor color contrast, making it difficult for the person to navigate the site. The hotel is in violation of the ADA.

3. A deaf person tries to watch a video on a business’s website, but the video does not have captions or transcripts, making it impossible for the person to understand the content. The business is in violation of the ADA.

New York State Laws and Federal Laws:

New York State’s Human Rights Law provides additional protections for people with disabilities. Under the law, businesses with four or more employees are required to provide reasonable accommodations to employees and customers with disabilities, including making their websites accessible. The law also allows individuals to file complaints with the New York State Division of Human Rights if they believe that they have been discriminated against because of their disability.

In addition, businesses that operate websites are also subject to federal law, including the ADA and the Rehabilitation Act of 1973. The Rehabilitation Act applies to federal agencies, contractors, and recipients of federal funds, and it requires them to make their electronic and information technology accessible to people with disabilities.

How the Samuel Law Firm Can Assist Business Owners

At The Samuel Law Firm, we understand the complex and evolving nature of ADA compliance and website accessibility. We provide legal services to businesses, including counseling on website accessibility, responding to demand letters and complaints, and defending businesses in litigation. Our experienced New York ADA defense lawyers can assist business owners in complying with the ADA and other relevant laws, ensuring that their websites are accessible to people with disabilities and minimizing the risk of costly litigation.

If your business is facing an ADA claim regarding your website being inaccessible for a person with a disability, it is vital to seek legal assistance from a knowledgeable attorney. The Samuel Law Firm has experience defending businesses against ADA claims and can provide effective representation. It is crucial not to ignore these types of claims or attempt to handle them without the assistance of an attorney. Contact us now for a comprehensive consultation.

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If you are looking for a personal injury attorney in New York, have a wage and hour claim or are involved in web accessibility litigation, consider Samuel Law Firm. Our attorneys are approachable and responsive, available 7 days a week to provide you with instant legal help and solid advice.