A Record-Breaking Year for ADA Digital Accessibility Lawsuits: Addressing the Growing Trend

A Record-Breaking Year for ADA Digital Accessibility Lawsuits: Addressing the Growing Trend

In 2020, the number of digital accessibility lawsuits reached an all-time high, surpassing 3,500 cases. These lawsuits are filed against websites and other digital experiences, such as mobile applications, for not meeting the standards set by the Americans with Disabilities Act (ADA). The upward trend in such lawsuits can be observed at both the federal and state levels, indicating a pressing need for companies to prioritize accessibility initiatives.

One of the key reasons behind the surge in lawsuits is the discovery of numerous accessibility issues on websites. A research report by WebAIM in 2020 revealed that a staggering 98.1% of the top 1,000,000 websites' home pages had detectable failures in meeting the Web Content Accessibility Guidelines (WCAG). As companies continue to expand their online presence with the addition of new stores, websites, and digital content, it becomes imperative for them to address these accessibility concerns promptly.

Plaintiff firms have become more efficient in building and filing claims, contributing to the rise in accessibility lawsuits. This is particularly evident in states like California, where filings under The Unruh Civil Rights Act have increased significantly. Companies operating in California need to be especially cautious about their accessibility practices to avoid potential legal repercussions.

While web accessibility is often the focal point of ADA lawsuits, it is important to note that these lawsuits cover more than just website accessibility. Missing closed captions or audio descriptions, for example, can be argued as violations of the ADA. The Unruh Act, in particular, provides a penalty of $4,000 for each violation. Utilizing video with proper captions and audio descriptions can serve as a straightforward and effective way for companies to ensure compliance and mitigate the risk of legal action.

Addressing the growing trend of ADA digital accessibility lawsuits requires proactive measures and a commitment to inclusivity. Here are three actionable pieces of advice for companies to consider:

1. Prioritize Accessibility: Companies must make accessibility a priority from the outset. This involves integrating accessibility considerations into the design and development process of digital experiences. By adopting a proactive approach, companies can significantly reduce the risk of accessibility issues and potential lawsuits.

2. Conduct Regular Audits: Regular accessibility audits are crucial to identify and address any existing or potential accessibility barriers. These audits should encompass all digital properties, including websites, applications, and content. By conducting audits, companies can ensure ongoing compliance with accessibility standards and make necessary improvements.

3. Educate and Train Employees: It is essential to educate and train employees on accessibility best practices. This includes designers, developers, content creators, and anyone involved in the digital experience creation process. By fostering a culture of accessibility within the organization, companies can foster a proactive mindset and better address accessibility concerns.

In conclusion, the surge in ADA digital accessibility lawsuits in recent years necessitates a heightened focus on accessibility initiatives by companies. By prioritizing accessibility, conducting regular audits, and educating employees, companies can mitigate the risk of lawsuits and create more inclusive digital experiences for all users. Embracing accessibility not only ensures legal compliance but also fosters a sense of inclusivity and equal access for individuals with disabilities.