Guide to ADA Website Compliance Lawsuits

Failure to comply with web accessibility laws could lead to costly legal consequences. As website accessibility lawsuits continue to rise year after year, businesses face mounting pressure to ensure their digital compliance. What started with 814 cases in 2017 has exploded to over 4,600 cases⁽¹⁾ in 2023.

To avoid becoming part of this alarming trend, businesses must prioritize compliance. To guarantee your website complies with the ADA, you need to follow guidelines provided by Web Content Accessibility Guidelines (WCAG).⁽²⁾

What is ADA Website Compliance?

ADA website compliance, which falls in line with more general web accessibility legislation, ensures that a website is accessible to people with disabilities. It includes making digital content usable for people who are blind or have low vision, deaf or hard of hearing, have a physical disability, have a cognitive or intellectual disability, or have a mental health disability. To comply with the ADA you need to ensure that every user can have full online access to their services and goods.

What is The Role of WCAG in ADA Compliance?

WCAG (Web Content Accessibility Guidelines) is the international standard for accessibility. Its creators in the Worldwide Web Consortium (W3C) show clear criteria alongside compliance levels about designing accessible digital platforms that everyone will be able to use.

WCAG operates on the POUR principles:

• Perceivable: Content must be accessible through various sensory modalities.
• Operable: Navigation and interface elements must work for all users.
• Understandable: Information should be clear and logically organized.
• Robust: Content must function reliably across diverse technologies, including assistive tools.

Are ADA Website Lawsuits Common?

The following table highlights the national trends in ADA Title III web accessibility lawsuits filed in federal courts:

These statistics only represent lawsuits proceeding to trial, with many more being settled out of court or withdrawn. Critically, businesses can face legal action regardless of physical location, as any digital presence potentially triggers ADA website litigation.

Which Companies Have Been Sued Over Website Accessibility?

Major companies like Netflix, Walmart, and Fox News have faced accessibility lawsuits.

Winn-Dixie

Juan Carlos Gil, a Florida resident, sued Winn-Dixie for the inability of its website to be accessed by screen readers. The court ruled that Winn-Dixie’s website was covered under the ADA because it was considered an extension of its physical stores.

Domino’s Pizza

The Domino’s accessibility lawsuit happened when Guillermo Robles, a blind customer, could not access the Domino’s website and app using a screen reader. The court ruled on the side of Robles, reiterating the fact that online platforms should comply with ADA Title III.

Fox News Network

Fox News Network resolved a 2018 class-action lawsuit alleging that its website lacked alt text for all images, contained dead links, and was not usable with keyboard navigation, which discriminated against individuals with low vision.

Beyonce Knowles (Parkwood Entertainment)

In 2019, Beyoncé’s company, Parkwood Entertainment, was sued for violating the ADA on its website. Issues listed included missing alt text, inaccessible navigation, and failure to include keyboard functionality.

Sweetgreen

A lawsuit was filed against Sweetgreen in 2024, alleging ADA violations that prohibit blind users from accessing its website. It’s not the first offense for the company, as it settled a similar case in 2016.

Netflix

In 2012, the National Association of the Deaf (NAD) sued Netflix for failing to provide closed captions. The court ruled that streaming services must comply with ADA requirements. Netflix added captions to all its content and paid $755,000 in legal fees.

Target

Target reached a settlement over a 2006 ADA website lawsuit filed by the National Federation of the Blind. The retailer agreed to pay $6 million in damages and promised to improve the accessibility of its website.

Walmart

In 2018 and 2021, Walmart faced a website accessibility lawsuit. This included the use of self-checkout kiosks and website WCAG violations, such as poor navigation and bad link text.

What Common Accessibility Issues Lead to ADA Website Lawsuits?

Most ADA compliance website lawsuits occur due to the following common issues:

• Lack of screen reader integration: Websites that do not properly function with assistive technologies pose barriers for visually handicapped or blind individuals.
• Less alternative text on images: Inadequate or missing descriptions prevent the screen reader from getting that information.
• Poor color contrast: The low contrast between the text and its background is hard to read for color-blind or low-vision users.
• Inaccessible navigation: Confusing menus or broken links disrupt user experience and accessibility.
• Non-responsive design: Incompatibility with mobile devices and inability to zoom effectively can restrict access.
• Keyboard navigation issues: Users relying on keyboards often encounter inaccessible forms, buttons, or content.
• Inaccessible online forms: Forms that are not labeled properly and contain no instruction cannot be easily interpreted by assistive devices.
• Video captions missing: This creates video accessibility issues. Users with hearing impairment are unable to access video content since no captions are present.

Who Enforces Website ADA Compliance?

Several governmental agencies enforce the ADA.

The Department of Justice has the authority to investigate complaints, and conduct reviews, Titles II and III, which cover public services and facilities, are instead the responsibility of the Department of Justice. Government agencies, including the Equal Employment Opportunity Commission (EEOC) and the Department of Health and Human Services (HHS), have the authority to enforce the ADA in particular situations.

What Penalties Can Result from ADA Website Violations?

An ADA website lawsuit will leave a business facing both significant financial and reputational implications. When cases are tried, monetary damages may involve:

• Statutory damages: $55,000 for first-time offenses, and then increase to $110,000 for subsequent offenses.
• Compensatory damages: A business may compensate a plaintiff with damages for emotional distress and alternative service costs.
• Remediation costs: Expenses for making websites fully accessible.
• Attorney fees: Companies may be liable to pay both their attorney fees and that of the plaintiff.
• Resource strain: Legal disputes demand time and funds, diverting resources from key operations.

In addition to financial penalties, violating companies or businesses can experience the following indirect consequences:

• Negative public relations: Lawsuits can quickly damage brand reputation and erode public trust.
• Customer loyalty erosion: Consumers who value accessibility may permanently switch to more inclusive competitors.
• Employee morale decline: Legal challenges create workplace stress and potential productivity losses.
• Stakeholder confidence reduction: Continuous compliance issues may discourage potential investors and business partnerships.

How Can You Reduce the Risk of ADA Website Compliance Lawsuits?

As a website owner, you should take several actions to reduce the risk of facing an ADA website lawsuit and avoid the consequences mentioned above:

Understand ADA Requirements

To minimize the risk of ADA website compliance lawsuits, you should prioritize understanding and implementing accessibility requirements. The WCAG serves as the foundation for creating accessible digital platforms.

Key actions include:

• Ensure compatibility with screen readers.
• Provide descriptive alt text for images.
• Enable keyboard navigation.
• Use contrasting colors for web accessibility to improve readability.

Conduct Regular Accessibility Audits

Regular website accessibility auditing reduces the risk of facing ADA compliance website lawsuits. You can manually test your website to achieve ADA compliance and other web accessibility standards. You can also use a website accessibility checker like ADARocket to see where your website needs improvements.

Conduct Usability Testing with People with Disabilities

Conducting usability testing with people with disabilities is another powerful strategy to reduce web accessibility lawsuits. This method invites participants with different impairments to test the website systematically to identify various barriers that an automated scan misses.

By observing how individuals with vision, hearing, mobility, and cognitive disabilities interact with digital platforms, you can identify accessibility issues, guide improvements, and ensure WCAG compliance to reduce the risk of facing accessibility lawsuits.

Fix Issues on Your Website

Common legal complaints about website accessibility typically involve important structural and descriptive elements. These include missing alternative text for images, undefined link labels, empty or redundant hyperlinks, and absent page titles. Fixing these issues may not only reduce the risk of facing an ADA website lawsuit but also help you reach wider audiences.

Write an Accessibility Statement

Writing an accessibility statement can also reduce the risk of having an ADA website lawsuit because it shows commitment to accessibility. It provides users with important information about the accessibility of the website, standards applied (for example, WCAG 2.2), contact details for support, and any known limitations.

The statement should be in very simple, clear language with an explanation of functionality and limitations in terms that the end-user can understand. Accessibility statements must be easy to find with links in the footer or in the help menu.

Invest in Continuous Improvement

Lastly, organizations can make sure they do not have risks of ADA website lawsuits through continuous improvement. To invest in continuous improvement for accessibility on a website, the following must be done:

• Regular audits
• Gathering of user feedback
• Staff training on accessibility best practices
• Implementation of the latest tools and technologies
• Monitoring for issues and updating the website to ensure it remains compliant with the latest guidelines

Frequently Asked Questions (FAQs)

What Is an ADA Website Lawsuit?

An ADA website lawsuit refers to a scenario when the website fails to abide by the set ADA guidelines, and the users having any kind of disability can not access the site and therefore sue for it.

What Is the Average ADA Website Settlement?

An ADA website lawsuit settlement amounts range from $5,000 to $20,000. Small businesses typically settle for less, but big corporations have higher settlement costs. These depend on the extent of accessibility issues and how willing the company is to be compliant with the ADA.

What Are the First Steps To Avoid a Website Accessibility Lawsuit?

Preventing a website accessibility lawsuit begins with auditing the website routinely for accessibility issues, checking into compliance with WCAG guidelines, and fixing things like adding alt text, bettering color contrast, and enabling keyboard navigation, among many others. Posting an accessibility statement will also speak to that effort at inclusivity.

References

1. New York Led The Way In U.S. Web Accessibility Lawsuits In 2023, Report Shows

2. Web Content Accessibility Guidelines (WCAG)