Washington Magazine

UsableNet Reports that DOJ Confirms Web Accessibility Subject to ADA

October 09
22:50 2018

New York, NY – UsableNet, the leading provider of Accessibility Technology and Services to the retail, hospitality, banking and insurance industries, has reported that the Department of Justice (DOJ) in its letter on September 25th 2018, as a response to a letter from 103 Members of the House of Representatives in June, restated:

“The Department (DOJ) first articulated its interpretation that the ADA Applies to public accommodations’ websites over 20 years ago. This interpretation is consistent with the ADA’s title III requirement that the goods, services, privileges, or activities provided by places of public accommodation be equally accessible to people with disabilities.”

Read the full letter here: (https://www.adatitleiii.com/wp-content/uploads/sites/121/2018/10/DOJ-letter-to-congress.pdf)

The letter did little to help businesses know or understand what specific and adequate accommodation is when it comes to websites. A number of lawyers have reviewed the language of the full letter from the DOJ and provided their opinion on the effect on current legal situations:

• Minh N. Vu: DOJ Says Failure to Comply With Web Accessibility Guidelines is Not Necessarily a Violation of the ADA

• Richard Hunt: ADA website regulation – half empty, half full or just empty?

Both of these articles include in their summary that the practical result will have little effect on the current volume of legal cases being brought against website owners in the name of disability access. The lack of clear guidance to businesses is a major driving factor in the volume of lawsuits brought against private companies that UsableNet recently covered in its 2018 ADA Web Accessibility Lawsuit report (http://info.usablenet.com/ada-web-accessibility-infographic-usablenet?hsCtaTracking=dbe5e81a-24cf-4bc5-8ed7-2bfdf44894e5%7Cabd5277d-8bb2-497b-9f18-5db4693fc57b).

However, it should not be overlooked that businesses themselves have added to this volume of legal lawsuits and demand letters by not addressing accessibility and not ensuring their websites are accessible to users of all abilities. If all website owners gave priority and vision to ensuring accessibility to all, then surely the number of legal lawsuit opportunities would be significantly reduced.

About UsableNet

A leading name in web accessibility, the company has been building on its Technology and UX experience for more than 17 years to offer world class solutions to companies to address Accessibility.

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Company Name: UsableNet
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Website: https://usablenet.com/