Is Your Website a Litigation Risk?

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In 2018, 2,285 Americans with Disabilities Act (ADA) web accessibility related lawsuits were filed, which is up over 181% from 2017 which had 814. The impact of disability is radically changed on the web because the web removes barriers to communication and interaction that many people with disabilities face. When websites, applications, technologies or tools are poorly designed, they can create barriers that exclude certain people from utilizing the web.

The Department of Justice (DOJ) made it clear that the ADA’s mandate reaches the goods and services provided by public accommodations using Internet websites. With this mandate many businesses sites will be non-compliant, leaving them open to lawsuits. Nearly 1 in 5 people in America are considered disabled which is a huge audience of people that can’t properly view your website.

Compliance is an issue that we have barely scraped the surface of in the US. The fact of the matter is that many large companies have already been sued for neglecting website compliance. Many suits have been filed within the last few years with settlement agreements that range greatly. A lawsuit concerning the Target Corporation has already cost them $6,000,000! It’s best to be ahead of the proverbial curve and ensure that your website is compliant.apple-apple-device-design-285814

Website compliance is an issue that will be taking precedent in the next few years. Many large companies already have been sued over compliance, including Target, H&R Block, Pizza Hut and 1-800 Flowers to name a few. These cases may only be the beginning of an onslaught of website accessibility cases, in the years to come. Aside from the legality benefit, a compliant website also offers additional advantages as well including:

Increases Target Audience- Nearly 1 in 5 people in the United States have disabilities ranging from sight, hearing, physical and cognitive. Offering a website that can be navigated by people with any disability opens more demographics, showing your company is committed to diversifying.

Improve Search Engine Optimization (SEO)- Enhancing functionality and usability on your site can aware you a higher ranking by search engines which includes Google, when your site is crawled.

Help Your Reputation- Having a compliant website shows the public and customers that everyone is valuable to your company, because it allows everyone to view it regardless of what disability they might possess.

Improve Website Usability- Make your web pages easy to comprehend, this allows everyone, disabled or not, to find what they need quickly. Your website will likely convert more leads, because users will trust they can find the content they need quickly.

The Web Content Accessibility Guidelines (WCAG) are a series of guidelines that are recognized by the Department of Justice. These guidelines are organized into three levels (A, AA, AAA) with similar types of accessibility features in each with AAA having the highest standards. For most, the objective is to satisfy Level AA guidelines, however some government agencies or nonprofits that cater to a larger impaired audience may work towards satisfying many of the AAA guidelines.

Companies will continue expanding their activism and investment into issues that matter to employees, customers and communities. Taking a proactive stance to website accessibility is the best way to ensure that you avoid potential lawsuits and improve aspects of your website. TAG can provide you with a website audit, giving you detailed information on key aspects of where your website is failing and assist you in creating a site that is compliant. For information regarding website design and functionality visit our website for more information and register for our Website Compliance seminar as well!

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