Introduction
The Americans with Disabilities Act (ADA), enacted in 1990, was landmark legislation designed to prohibit discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places open to the general public. When the ADA was passed, the internet as we know it today barely existed, and mobile apps weren't even on the horizon.
Fast forward to today's digital-first world, where people rely on websites and mobile applications for everything from shopping and banking to healthcare and education. For the approximately 61 million Americans living with disabilities, inaccessible digital platforms create significant barriers to participation in everyday activities that most people take for granted.
This article examines the growing trend of class action lawsuits seeking to enforce digital accessibility under the ADA and similar laws, the major cases that have shaped this area of litigation, and what businesses should know to ensure their digital properties are accessible to all users.
The ADA in Digital Spaces
The application of the ADA to digital spaces has evolved through court interpretations rather than explicit statutory language. Title III of the ADA prohibits discrimination on the basis of disability in the "full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation."
While physical locations are clearly covered under the law, the question of whether websites and mobile apps constitute "places of public accommodation" has been addressed differently across various court circuits:
- Nexus approach: Some courts require a connection (or "nexus") between a website and a physical location to be covered under the ADA. Under this view, a website for a brick-and-mortar retail store would be covered, but a digital-only business might not be.
- Broad interpretation: Other courts have held that websites themselves can be places of public accommodation regardless of any connection to a physical location, recognizing the central role of the internet in modern commerce and daily life.
Despite the lack of uniformity in court rulings, the trend has been toward requiring digital accessibility, with the Department of Justice consistently taking the position that the ADA applies to websites of entities covered by the ADA.
Common Website Accessibility Issues
Most ADA digital accessibility lawsuits focus on barriers that prevent users with disabilities from effectively navigating or using websites and apps. Common issues include:
- Missing alt text: Images without descriptive alternative text prevent screen reader users from understanding visual content.
- Inaccessible forms: Forms that don't properly label fields or provide clear error messages create barriers for users with various disabilities.
- Keyboard navigation issues: Websites that require mouse interaction exclude users who rely on keyboards or alternative input devices.
- Poor color contrast: Text that doesn't adequately contrast with background colors creates difficulties for users with low vision or color blindness.
- Missing captions and transcripts: Videos without captions or audio content without transcripts exclude deaf and hard-of-hearing users.
- Complex navigation: Complicated or inconsistent navigation structures create challenges for users with cognitive disabilities or those using assistive technologies.
- Inaccessible PDFs: Documents shared in PDF format that haven't been properly tagged for accessibility prevent screen reader users from accessing information.
The Web Content Accessibility Guidelines (WCAG), developed by the World Wide Web Consortium (W3C), have become the de facto standard for evaluating website accessibility, with courts frequently referencing WCAG 2.0 or 2.1 compliance in settlement agreements.
Landmark Digital Accessibility Cases
Several high-profile cases have shaped the landscape of ADA digital accessibility litigation:
- Retail websites: Major retailers have faced class actions alleging their websites were inaccessible to blind or visually impaired users. These cases have resulted in significant settlements requiring both monetary payments and commitments to improve accessibility.
- Food delivery services: Several food ordering and delivery platforms have settled claims regarding inaccessible mobile apps and websites that prevented users with visual impairments from placing orders independently.
- Higher education: Universities and colleges have faced litigation over inaccessible websites and learning management systems that created barriers for students with disabilities.
- Banking and financial services: Financial institutions have settled cases regarding inaccessible online banking platforms and financial tools that prevented customers with disabilities from managing their finances independently.
- Streaming services: Entertainment providers have faced lawsuits over lack of closed captioning, audio descriptions, or accessible navigation features.
These cases have typically resulted in settlements requiring businesses to:
- Conform to WCAG standards (usually 2.0 or 2.1 Level AA)
- Conduct regular accessibility audits
- Implement accessibility policies
- Provide staff training on digital accessibility
- Pay monetary damages or attorney fees
How Businesses Are Responding
As digital accessibility litigation has increased, businesses are taking more proactive approaches to compliance:
- Accessibility statements: Many companies now include accessibility statements on their websites, outlining their commitment to accessibility and providing contact information for users who encounter barriers.
- Dedicated accessibility teams: Larger organizations are creating specialized roles or teams focused on digital accessibility compliance and ongoing monitoring.
- Third-party audits: Companies are engaging accessibility consultants to conduct comprehensive audits and provide remediation recommendations.
- Accessibility-focused development: Development teams are incorporating accessibility requirements into their workflows from the beginning of the design process rather than treating it as an afterthought.
- Automated testing tools: Organizations are implementing automated accessibility testing tools into their development and quality assurance processes.
Despite these efforts, fully accessible websites remain the exception rather than the rule. A 2022 study of the top one million websites found that 96.8% had detectable WCAG 2.0 failures on their home page, highlighting the ongoing accessibility challenges across the digital landscape.
Steps Toward Digital Accessibility
For businesses looking to improve their digital accessibility and reduce legal risk, these steps provide a starting point:
- Conduct an accessibility audit: Evaluate your website or app against WCAG 2.1 AA standards to identify existing barriers. This can be done through a combination of automated tools and manual testing by accessibility experts.
- Develop an accessibility roadmap: Create a prioritized plan for addressing identified issues, focusing first on high-impact barriers that affect the largest number of users.
- Implement an accessibility policy: Establish internal guidelines and processes for maintaining accessibility in new content and features.
- Train development teams: Ensure that developers, designers, and content creators understand accessibility requirements and best practices.
- Include users with disabilities in testing: Engage individuals who use assistive technologies to provide feedback on your digital properties.
- Monitor compliance: Implement ongoing monitoring to prevent accessibility regressions as new content or features are added.
- Provide an accessibility feedback mechanism: Create a clear channel for users to report accessibility issues and respond promptly to concerns.
While achieving perfect accessibility may be challenging, demonstrating a good-faith effort toward compliance and responsiveness to accessibility concerns can significantly reduce legal risk.
Conclusion
ADA compliance class actions for digital accessibility represent a significant and growing area of litigation that reflects the essential role digital platforms now play in daily life. As courts increasingly recognize websites and mobile apps as subject to accessibility requirements, organizations that fail to address digital barriers face mounting legal and reputational risks.
Beyond legal compliance, there are compelling business reasons to prioritize accessibility. The global market of people with disabilities represents over $13 trillion in disposable income. Accessible websites typically offer improved usability for all users, better search engine optimization, and broader market reach.
As we continue to move toward a more digital society, ensuring equal access to online services and information isn't just a legal obligation—it's an essential component of building truly inclusive communities where all individuals can participate fully, regardless of disability.