Businesses across Missouri are at risk as website accessibility lawsuits are springing up across the state. Failure to satisfy Americans with Disabilities Act (ADA) requirements for website accessibility can result in costly lawsuits. Over 90 cases against Missouri employers have been filed, primarily by one attorney and his visually impaired client.
Employers must ensure that all programs, services and goods they provide to the public are accessible to those with disabilities. This requirement extends to online programs, services and goods, like company websites. Inaccessible websites can be considered discriminatory against individuals with disabilities. Settlements for this type of violation typically cost upwards of $2,500.
To avoid getting caught in an ADA web compliance case, employers should proactively ensure online presences adhere to Web Content Accessibility Guidelines (WCAG) standards and aren’t discriminatory against disabled users. Common barriers include
- lack of alternative text for images,
- videos with no captions,
- forms that are inaccessible, and
- restrictive mouse-only navigation.
The U.S. Department of Justice Civil Rights Division provides guidance on web accessibility and the ADA. State and local governments have additional requirements under the Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities Final Rule.
ADA website accessibility lawsuits are generally not covered by insurance, making proactive risk management pivotal. Employers should work with a trusted IT provider or web designer to review and identify vulnerabilities. Accessibility widgets and tools make online navigation easier for those with disabilities and help employers align with compliance requirements. Tools can allow visitors to adjust the settings of webpages, customizing text size and color contrasts to accommodate individual needs.
