How Can You Receive A Website Discrimination Claim?
A website discrimination claim arises when your website is inaccessible to someone with a disability.
Just as an example, if your website relies on visual content – videos and photos – but there is no closed captioning or descriptions for these videos/photos, then you can be sued.
The reason you can be sued is because your site violates the Americans with Disabilities Act. And, even though the lawsuit may seem frivolous, the consequences of this lawsuit can be very serious.
If You Don’t Respond To A Website Discrimination Claim, What Happens?
Even if the website discrimination claim you have received seems frivolous or ridiculous, you must respond to it as soon as you possibly can.
A failure to respond to the website discrimination claim you receive will, in many cases, lead to something known as a “default judgment.”
To understand the significance of receiving this default judgment, you must understand what a default judgment is and the ways in which it will affect your business.
What Is A Default Judgment?
A default judgment – also known as a “judgment by default” – is a ruling granted by a judge/court in favor of the person who filed a particular lawsuit.
Someone who is granted a default judgment will receive damages for their claim. These damages include fees for their attorney, as well as any other related costs, all of which you must pay.
The most important thing to know about a default judgment is that it can only be granted if you either fail to respond to the website discrimination claim that you’ve received or if you fail to show up to court.
You can contest a default judgment if you can establish valid reasons for not responding to the summons. But, if you didn’t respond to the summons due to believing it was frivolous or ridiculous, then it’s unlikely that the default judgment will be vacated, thereby ensuring that you must pay damages to the person who filed the claim.
Can You Prevent Website Discrimination Claims?
The answer to this question is “Yes.” Or, at least, “Yes,” for the most part.
If your website meets the appropriate website accessibility standards, then it is unlikely that you will be sued. And, to meet these standards, your website must be:
-Operable
-Perceivable
-Understandable
-Robust
You can still receive a website discrimination lawsuit if your website meets these standards. But, so long as you respond to it, it’s unlikely you will need to pay any damages.