Navigating ADA Website Accessibility Claims

Title III of the Americans with Disabilities Act (ADA) requires places of public accommodation, such as hotels, shopping centers, retailers, health care providers, restaurants, and private educational institutions to maintain facilities accessible to the disabled. Most businesses understand their obligations to make their physical facilities accessible under the ADA. Increasingly, however, companies also face the threat of legal action based on claims that their websites and/or mobile applications are inaccessible to disabled users. What many businesses do not realize is that in the internet age, ADA accessibility may involve more than compliance with architectural and structural requirements for physical facilities - websites and mobile applications may be required to be accessible as well.

In 2016, more than 250 lawsuits were filed against businesses, primarily in the retail, hospitality, and financial services industries, alleging that the companies' websites were inaccessible to users with disabilities. The exposure in these cases can entail not only injunctions, but also defense costs and an award of the claimants' attorneys' fees. It is vital for businesses and defense counsel to understand the need for ADA website accessibility and identify strategies to mitigate exposure.

This program, taught by Gibbons P.C. attorneys Mark S. Sidoti and Jeffrey L. Nagel, the Directors of the Business & Commercial Litigation practice, will outline the current law surrounding website accessibility, describe the threat facing businesses and discuss ways to mitigating these threats.

Learning Objectives: 

1. Become familiar with the nature of ADA website accessibility claims, including their statutory and regulatory basis
2. Learn how to effectively respond to a letter notification regarding website accessibility
3. Understand the current regulations and guidance from the DOJ
4. Assess how different jurisdictions have addressed website accessibility claims, including claim viability and available defenses
5. Identify strategies to mitigate the threat of legal action based on website inaccessibility, including proactive measures