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Website ADA Compliance Services
Web Content Accessibility Under the ADA

WCAG 2.0, ADA, Compliant Website Development

The United States Department of Justice has determined that failing to meet the current “AA” level of WCAG 2.0 violates the equal access rights of those with disabilities or limitations. Lawsuits filed across the nation have resulted in significant verdicts and settlements, disruption in business operations and loss of goodwill. Here are a few lawsuits that have been filed:

  • Target – $6,020,000 settlement
  • National Federation of the Blind v. Target Corporation
  • National Federation of the Blind v. Scribd Inc., 97 F. Supp. 3d 565 (D. Vt. 2015)
  • H&R Block – $100,000 settlement
  • National Federation of the Blind v. HRB Digital L.L.C.
  • National Federation of the Blind v. HRB Digital L.L.C., 2014 WL 10319389
  • Pizza Hut – Motion for Summary Judgment or, in the Alternative, Dismissal or Stay denied.
  • Robles v. Yum! Brands, Inc.
  • Robles v. Yum! Brands, Inc., No. 216CV08211ODWSS, 2018 WL 566781, at *4 (C.D. Cal. Jan. 24, 2018)
  • 1-800-Flowers – Motion to dismiss denied
  • Gathers v. 1-800-Flowers.com, Inc.
  • Gathers v. 1-800-Flowers.com, Inc., No. 17-CV-10273-IT, 2018 WL 839381, at *2 (D. Mass. Feb. 12, 2018)

48.9 million Americans are considered disabled. By making your website compliant, you can make your organization accessible to millions of people. WCAG 2.0 was developed by the World Wide Web Consortium (W3C), the highest authority in web accessibility goals and universal design. Published by W3C, the WCAG 2.0 Web Content Accessibility Guidelines is a set of guidelines for making digital content accessible for all users, including those with disabilities. TAG’s developers can make your website compliant with these standards.

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Web Content Accessibility Under the Americans with Disabilities Act

By: Erica A.N. Kramer and Justin B. Hoise*
The internet has become an indispensable source of information, goods, and services for most individuals. As a New York court recently pointed out, “…Internet technology enables individuals to participate actively in their community and engage in commerce from the comfort and convenience of their home.” Thus, ensuring web content accessibility for disabled individuals should become (or continue to be) a priority, particularly given the continued plaintiff activity in the area. Consider hiring a third party to audit your web content for accessibility, and then develop a plan to implement any recommended updates or improvements needed to comply with Level AA of the WCAG 2.0. In addition, develop web content accessibility policies and procedures that provide for regular audits and corrective measures to ensure ongoing accessibility as technology changes and new content is added or deleted. Taking such measures will help minimize the risk of claims made under the ADA.

*Justin B. Hoise, Partner, Hudson Cook, LLP. *Erica A.N. Kramer, Associate, Hudson Cook, LLP

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