How to Avoid ADA Lawsuits: The U.S. Web Accessibility Guide

The Americans with Disabilities Act (ADA) is a landmark civil rights law prohibiting discrimination based on disability. It originally focused on physical spaces but has since expanded to digital platforms, ensuring equal access for people with disabilities when browsing websites and mobile apps. This modern interpretation highlights the need for digital accessibility, which helps individuals with vision or hearing impairments, mobility limitations, and more.

Many website owners aren’t fully aware of how ADA compliance affects them. However, website visitors with disabilities need the same chance to make purchases, read content, or use online forms as anyone else. If your digital presence is not aligned with ADA standards, you could be at risk for lawsuits, especially in jurisdictions with robust enforcement. That’s why website compliance is a top priority for all organizations, including federal agencies, local governments, and private entities.

This guide explains what ADA compliance is for websites and how an accessible website not only avoids non-compliance but also broadens your customer base. We’ll examine the disabilities act in the context of online spaces, how to fix accessibility issues, and how you can achieve ADA requirements step by step.

Why ADA compliance matters in the digital age

In a world dominated by e-commerce and digital services, ADA compliance for websites is vital. If your site or mobile apps are not ADA compliant, you risk excluding users who rely on assistive technology—like screen reader software—to access web content. Over time, lawsuits have proliferated because technology is central to how people engage with businesses and state and local governments.

The Web Content Accessibility Guidelines (WCAG), developed by the World Wide Web Consortium, are widely cited for making sure sites meet the functional needs of all. They outline accessibility standards that help website owners and developers address accessibility barriers for a range of disabilities. Meanwhile, digital accessibility is no longer optional—both small enterprises and local governments offering local government services must integrate ADA website compliance best practices to provide equal access for everyone.

Overview of Title III of the ADA

Title III focuses on public accommodations—any business that serves the general public. While the ADA was once interpreted mainly for physical locations, the law has extended to website accessibility. If your website or app is crucial to your operations—like an online store, scheduling portal, or content hub—Title III likely applies. Also, Title II addresses state and local governments, mandating that communication technology and websites be accessible to people with disabilities.

Consider that an e-commerce shop might be the only “storefront” for remote users. If it’s inaccessible due to missing alt text, poor keyboard navigation, or low color contrast, you may breach the Americans with Disabilities Act. The same logic applies to websites that are integrated with physical stores or used by federal agencies. The overarching goal is to ensure an accessible browsing experience for all site users, including those with visual impairments and other challenges.

This focus on digital spaces is also shaped by web content guidelines and references to ADA standards for websites. When courts see a direct correlation between a business’s online presence and its public accommodations, that site must be ADA-compliant.

Notable ADA website lawsuits: Real-world cases

The rise in ADA website compliance actions began with high-profile examples. Large retailers and local shops alike found that ignoring website accessibility requirements can incur big legal fees. Let’s examine some known controversies:

The Winn-Dixie case

Winn-Dixie’s site lacked enough digital accessibility features for a user with vision impairments who relied on screen reader technology. The court concluded the store’s online services fell under public accommodations, reinforcing that ADA compliance is essential even if your primary channel is a website.

Domino’s Pizza lawsuit

Another big moment was the Domino’s case. The Supreme Court let a lower-court decision stand, reinforcing that websites and mobile apps used by a pizzeria are part of a place of public accommodation. Domino’s needed to fix accessibility issues to continue serving individuals with disabilities. Many consider that ruling a turning point, underscoring that website owners ignoring assistive technology needs face a serious risk.

Beyonce’s Parkwood Entertainment

Even pop icons are subject to ADA lawsuit pressure. Beyonce’s official website was deemed inaccessible to blind fans, demonstrating how big or small, any site can face legal action if it fails to incorporate audio descriptions, descriptive links, or functional alt text.

Note: These suits often pivot on WCAG compliance. Achieving an accessible website means aligning with recognized web content accessibility guidelines. The positive outcome? Fewer lawsuits, a broader audience, and a more inclusive brand image.

How lawsuits emerge

Typically, website owners first receive a demand letter citing non-compliance with the Americans with Disabilities Act, referencing the need for equal or reasonable accommodations online. If not resolved, a formal complaint may follow. Plaintiffs argue that the site fails to meet web accessibility benchmarks, rendering it not considered ADA compliant.

Even if a site or e-commerce platform is otherwise user-friendly, lacking minimal compliance (like missing alt text on images, no audio descriptions on videos, or poor color contrast) triggers claims. Plaintiffs often rely on laws that mirror federal ADA regulations, showing how “places of public accommodation” can exist virtually in the form of digital experiences.

The rise of ADA “drive-by” and “tester” lawsuits

Some attorneys or plaintiffs systematically scan large numbers of websites for accessibility issues using automated tools. If they find problems, they send a demand letter or file a mass of lawsuits. Known as “drive-by” or “tester” suits, these can catch businesses off guard. The premise is that by failing to maintain an ADA-compliant website, the business denied the plaintiff’s ability to enjoy the website.

Website owners might see this as extortion, but it underscores the push to ensure accessibility. The best defense is robust compliance, typically guided by recognized accessibility standards and thorough audits.

ADA lawsuit settlement amounts and outcomes

Settlement amounts vary. Some range from a few thousand to tens of thousands of dollars. Larger lawsuits—especially class actions—can be extremely costly, plus businesses must pay attorneys’ fees or commit to major site updates. Many companies prefer out-of-court settlements to reduce legal fees.

In some cases, plaintiffs request more than just money. They might require an official commitment that the business will continuously monitor and correct web pages. Others demand advanced measures like employing sign language interpretation for video content. It underscores that ignoring website accessibility is a dangerous gamble.

How to assess the risk of an ADA lawsuit

Evaluate your site for red flags:

• Missing or incomplete alt text;
• Inadequate color contrast;
• No video captions or audio descriptions for multimedia content;
• Broken keyboard navigation;
• Inaccessible online forms.

The more integrated your digital presence is with your primary services, the stronger the argument that it’s a “public accommodation.” Even if you only have a small site, if it’s essential for your user interface or to buy goods, it’s safer to adopt a web accessibility plan. Also consider the complexities of mobile devices—for instance, ensuring that gestures and taps are as accessible as point-and-click actions on desktops.

Common website accessibility barriers

According to the Web Content Accessibility Guidelines, frequently encountered barriers include:

1. No semantic HTML structure for headings;
2. Unlabeled form fields;
3. Non-descriptive link text and descriptive links are missing;
4. Failing to incorporate assistive technology considerations;
5. Overly complex user flows lacking keyboard navigation;
6. Low color contrast or images missing alt text;
7. Video or audio with no video captions or no audio descriptions.

Many solutions revolve around correct HTML code, ensuring every piece of content can be interpreted by user agents (e.g., web browsers) effectively. If these are left unaddressed, your site can be flagged as out of compliance, opening the door to possible lawsuits.

ADA compliance for mobile apps

A large share of commerce is mobile-based. Thus, mobile apps must also reflect ADA compliance. Failing to provide an accessible browsing experience in your app can spark a lawsuit just as easily as a website can. The same core principles apply: use correct labeling for controls, ensure color contrast, handle gestures for people with disabilities who rely on specialized communication technology, and test with real devices.

Many apps incorporate user interface components that are custom-coded. If these components are not coded with assistive technology in mind—for example, if a slider or menu is not recognized by a screen reader—the app creates an exclusionary experience. Also, confirm your app is tested across multiple screen sizes, ensuring a consistent experience that is fully ADA compliant.

You might be interested in: The Ultimate Guide to Mobile App Testing.

Tips for avoiding an ADA website compliance lawsuit

To achieve ADA standards, you should:

• Embrace recognized frameworks like the Web Content Accessibility Guidelines (WCAG);
• Implement zoom capability so text can resize for low-vision users;
• Keep consistent semantic HTML for headings and structure;
• Provide alt text for images;
• Validate mobile devices interactions;
• Offer transcripts or audio descriptions for media;
• Continuously test with actual users who have visual impairments or rely on a screen reader.

By doing so, you reduce accessibility barriers and demonstrate good-faith efforts. If a lawsuit arises, you can document your steps toward compliance, showing that you follow recognized accessibility standards. This can help mitigate legal repercussions.

The role of automated accessibility tools

Automated checkers scan your pages for website accessibility problems, but they only catch about 30% of typical accessibility issues. They can’t judge whether your web content or images make sense contextually. So while an auto-check might say you have alt text, it can’t confirm if that text is relevant.

These accessibility tools are great for large-scale checks and keeping track of fixes, especially if you regularly push new site elements or do major redesigns. Combine automation with manual checks by real users or specialized testers to truly fix digital content concerns. That synergy results in more thorough compliance.

What if you have already received a lawsuit or demand letter?

If you get a letter alleging your site or app is not ADA compliant, consult an attorney. Usually, you’ll need to outline a plan to fix the issues, referencing recognized guidelines—like the World Wide Web Consortium guidelines—so you can systematically address your online forms, visual elements, or site structure.

Typical remedies:

1. Immediate correction of code (like fix accessibility issues with alt text and headings);
2. A timeline for deeper changes, e.g., rewriting the site to incorporate accessible fonts or better color design;
3. Possibly paying a settlement or the plaintiff’s legal fees.

The cost of ignoring it can be bigger in the long run, especially if you continue non-compliance.

Modern precedents and trends

The Domino’s case validated that websites integral to public accommodations must be accessible. This set a tone encouraging more plaintiffs to check for ADA compliance. Meanwhile, smaller local shops or website owners are also targeted if their web presence forms an essential part of the business.

Similarly, banks, streaming services, and healthcare providers learned that website accessibility is mandatory. The bar keeps rising, and as communication technology evolves, new areas become relevant. Remember, local governments and state and local governments must also comply with Title II for their websites and digital portals.

The ADA standards for accessible design

The 2010 ADA standards primarily mention physical access. However, their spirit extends to “places of public accommodation,” which the Department of Justice interprets to include digital presence. So while information and communication technology might not appear spelled out, the official stance is that websites are indeed part of the domain.

Because the 2010 standards do not detail exactly how to build an ADA-compliant website, the default approach is the web content accessibility guidelines. The synergy: you adopt WCAG 2.1 Level AA for your site, aligning it with recognized best practices so your brand is safe from claims of ignoring modern standards.

Government entities vs. private businesses: Title II vs. Title III

Title II covers state and local governments, requiring them to make digital channels accessible for all. This includes websites delivering local government services, like paying taxes, applying for permits, or seeing city updates. By contrast, Title III covers private businesses, requiring them to provide an accessible website or services.

The takeaway? Whether you’re a private enterprise or a public institution, at some level, you must incorporate web accessibility. Federal agencies have Section 508 obligations. Meanwhile, local agencies have Title II. Private businesses have Title III. The unifying thread: your digital presence must not exclude individuals from equal participation.

ADA accessibility solutions for websites

A quick summary of how to do it right:

1. Adopt a reputable standard—web content accessibility guidelines (WCAG) 2.1 AA;
2. Audit your website with both automated scanning and manual testing;
3. Resolve code problems: add alt text, ensure color contrast, fix headings, create descriptive links, etc;
4. Re-audit regularly to maintain compliance.

Sites must consider aspects like transcripts for audio, audio descriptions for video, textual representations for images, and so forth. This includes thorough attention to online forms, ensuring no part is blocked to keyboard navigation. Remember, implementing solutions for an accessible website improves SEO as well because search engines reward well-structured content.

Handling multimedia, transcripts, and audio descriptions

For multimedia content, add video captions for Deaf or hard-of-hearing individuals, plus audio descriptions for those who are blind or have low vision. Without them, your website is not considered ADA-compliant. The same logic goes for podcasts or purely audio-based content. Transcripts help individuals with hearing impairments fully partake in the information.

Also consider data such as zoom capability, for instance allowing users to enlarge text or images. This helps those with partial sight or those who rely on magnification. Put simply, the more you incorporate accessibility best practices, the more you create an inclusive user journey.

Key accessibility laws beyond the ADA

In addition to the Americans with Disabilities Act, there is Section 508 that specifically impacts federal agencies or recipients of federal funds, ensuring they meet recognized criteria for electronic and information technology. Private sites don’t always fall under Section 508, but if you partner with or sell to the government, it might apply. The bottom line remains that web accessibility is a mainstream expectation, not a niche.

Europe and other global regions also have laws about digital content. If you serve an international audience or link to foreign governments, your outbound links may subject you to multiple sets of regulations. Maintaining universal compliance fosters goodwill, expands your user base, and avoids extra legal entanglements.

The ROI of accessibility

Being fully ADA compliant with your site fosters brand loyalty, boosts SEO, and creates a better user experience. People with disabilities appreciate seamless engagement, and so do those with slower internet or older devices. Tools like accessible fonts or well-coded site elements also help wide segments of the population. That means more conversions, fewer cart abandonments, and higher revenue potential.

Moreover, you significantly reduce the risk of paying steep settlements or legal fees. Instead, your budget can go toward site improvements that benefit everyone. Ensuring your site or app is accessible is simply good for business.

ADA lawsuits and the future

As technology evolves, more aspects come under scrutiny—mobile devices, VR, AR, voice-based interfaces, etc. We see the path: if your platform is a crucial communication or commerce channel, it must be accessible. The digital accessibility movement will only grow, and ignoring it invites non-compliance suits.

Government agencies, the private sector, and website owners will keep refining best practices. As new guidelines from the web content accessibility guidelines appear, watch for expansions on how to handle advanced user interactions or next-gen hardware. Meanwhile, the concept of equal access will remain central: The ADA is about public accommodations in every sense.

Myths about ADA website compliance

1. “We can just add one plugin.” Overlays or plugins rarely fix deeper accessibility barriers in HTML code or site design.
2. “Small businesses aren’t bound by the Disabilities Act.” Even a micro-enterprise with an online store can be deemed a public accommodation.
3. “We received no complaints, so we’re safe.” Lawsuits often come without prior complaint, triggered by a single user’s bad experience.

Steps to become ADA-compliant

Here’s a concise set of actions to rectify or maintain compliance:

1. Conduct an accessibility audit;
2. Implement solutions aligned with web content accessibility guidelines;
3. Use real-person testing, e.g., asking individuals with visual or hearing impairments to test;
4. Keep a constant review cycle so your site remains up-to-date with ADA standards;
5. If issues are found, fix accessibility issues systematically, verifying after each change.

Over time, this process fosters a site that meets or exceeds recognized website accessibility parameters. It also encourages a better user experience for everyone, from brand-new visitors to loyal customers. Don’t forget about specialized functionality like user toggles or zoom capability for text sizes.

Handling an existing lawsuit or demand letter

The main steps are:

1. Seek counsel from an ADA-experienced lawyer;
2. Outline your remediation plan with a timeline;
3. Possibly negotiate a settlement or vow to provide improvements.

That plan might revolve around adopting web accessibility standards (WCAG 2.1 AA) plus ongoing audits. Sometimes the court or plaintiffs require third-party monitoring. It’s not a quick fix, but thorough compliance reduces further risk.

Key takeaways

• Adopting WCAG standards for ADA compliance broadens brand reach while minimizing legal, reputational, and financial risks.
• Combining usability with accessibility ensures inclusive user journeys on all platforms—from smartphones to emerging tech—benefiting everyone from people with disabilities to users in busy, bright, or loud settings.
• Systematic design approaches (documented color contrast, ARIA roles, consistent focus indicators) help address a wide range of user needs, including neurodiversity, and catch issues early.
• Real-world testing with assistive technologies reveals subtle barriers that automated tools miss, enhancing the overall customer experience.
• Ongoing audits and staff training keep teams updated with changing regulations, ensuring continuous delivery of accessible digital solutions from concept to release.

Conclusion

ADA compliance for websites is here to stay, and the best approach is forward-thinking. Embrace the web content accessibility guidelines, unify your design team behind digital accessibility principles, and test thoroughly with a variety of assistive technology solutions. This fosters a frictionless environment for all people with disabilities and drastically lowers your legal exposure.

Whether you’re dealing with local governments, a small retail site, or a large enterprise, the rules demand equal access to your digital channels. In short, applying solid web accessibility standards to your site—and staying vigilant in maintenance—helps you keep pace with evolving legal expectations, building a stronger, more inclusive digital brand.

Start your compliance journey now: run a self-audit, add alt text, correct your keyboard navigation, bolster your audio descriptions, and follow recognized frameworks. By focusing on the public accommodations aspect of your service, you’ll create a better user experience, mitigate lawsuits, and embody the real spirit of the Americans with Disabilities Act.

Additional resources

Enhance your digital accessibility journey with these valuable resources:

• Our comprehensive accessibility testing services provide a thorough evaluation of your digital products against WCAG standards and accessibility best practices.
• Equip your team with practical knowledge through our customized accessibility training programs for designers, developers, content creators, and QA specialists.
• Examine how the European Accessibility Act impacts telecommunications companies with our Digital Accessibility & EAA: Telecommunications Industry Under Review white paper.
• Watch our Quality Forge 2024 - Digital Accessibility Conference featuring industry experts discussing the latest accessibility trends, legal requirements, and implementation strategies.