Web Accessibility Lawsuits Are Exploding: Is Your Website a Target?

“I don’t need to worry about website accessibility.” 

This phrase, often uttered by well-intentioned business owners, reveals a fundamental misunderstanding of both the ethical and economic implications of digital inclusion. 

It’s not just about “being nice”; it’s about tapping into a vast, often overlooked market and mitigating significant legal and reputational risks. 

And in recent years, you may have noticed a significant uptick in lawsuits related to website accessibility. This trend has emerged as a response to the growing recognition that digital spaces must be inclusive for all users, including those with disabilities.

The Sheer Scale: Debunking the “Niche” Myth and the $8 Trillion Opportunity

Let’s start with the numbers. 

The World Health Organization (WHO) estimates that over 1 billion people worldwide live with some form of disability. That’s roughly 15% of the global population. In the United States alone, the CDC reports that 1 in 4 adults has a disability. These aren’t niche markets; they represent a substantial portion of your potential customer base.

Moreover, the purchasing power of people with disabilities is significant. A study by Return on Disability found that the disposable income of people with disabilities and their families is over $8 trillion globally. Ignoring accessibility means leaving a massive amount of money on the table.

Accessibility Lawsuits Are Exploding

Lawsuits have become a tool for advocacy, pushing businesses to reevaluate their online presence and ensure it meets the needs of all potential customers. The rise of these lawsuits can be attributed to several factors. 

First, the Americans with Disabilities Act (ADA) has been interpreted by courts to extend beyond physical spaces to include digital environments. This legal framework has empowered individuals to take action against companies that fail to provide accessible websites.

Understand the Legal Requirements for Website Accessibility

To navigate the landscape of accessibility lawsuits effectively, it is crucial for you to understand the legal requirements surrounding website accessibility. The ADA does not explicitly mention websites; however, courts have increasingly ruled that businesses must ensure their online platforms are accessible to individuals with disabilities. The Web Content Accessibility Guidelines (WCAG) serve as a widely accepted standard for web accessibility.

Accessibility Builds Brand, Profits.

Sure, the ADA and WCAG make accessibility a requirement, but it’s much more than that—it’s a real chance to grow. Research by Forrester found that companies that prioritize accessibility see a 28% increase in customer satisfaction compared to those that don’t. Accessible websites are simply better websites.

• Improved User Experience for Everyone: Accessibility features like clear navigation, alternative text for images, and keyboard navigation benefit all users, not just those with disabilities.
• Enhanced SEO: Search engines prioritize websites with good structure and semantic markup, which are also essential for accessibility.
• Reduced Bounce Rates: A study by the Nielsen Norman Group found that inaccessible websites have significantly higher bounce rates.
• Brand Reputation and Loyalty: A 2023 survey by Accenture found that 75% of consumers are more likely to purchase from a company that demonstrates a commitment to accessibility.

The consequences of accessibility lawsuits can be profound for businesses. Beyond the immediate financial implications of legal fees and potential settlements, there are reputational risks to consider. A lawsuit can tarnish your brand’s image and lead to negative publicity.

Common Accessibility Issues and the Cost of Inaction

As you assess your website’s accessibility, it’s important to be aware of common issues that may hinder usability for individuals with disabilities. One prevalent problem is the lack of alternative text for images. Another common issue is poor keyboard navigation. Additionally, video content without captions or transcripts can alienate individuals with hearing impairments.

The number of website accessibility lawsuits is skyrocketing. According to a report by UsableNet, website accessibility lawsuits in the US increased by over 300% in recent years. These lawsuits can result in significant financial penalties and reputational damage. Furthermore, negative social media attention and public backlash can severely impact your brand’s image.

The financial implications of non-compliance with accessibility laws can be staggering. Legal fees, settlements, and lost revenue opportunities can cripple businesses.

Steps to Ensure Your Website is Accessible: Proactive Inclusion

To protect your business from potential lawsuits and enhance your online presence, taking proactive steps toward website accessibility is essential. 

• Integrate Accessibility into Design & Development

To safeguard your business against potential legal challenges and strengthen your online presence, proactive website accessibility is paramount. 

Begin by integrating accessibility into every phase of design and development, adopting a “shift left” approach. 

Establish clear accessibility standards, provide comprehensive team training, and conduct regular audits using both automated tools and manual testing. 

Prioritize addressing common accessibility barriers such as missing alt text, inadequate keyboard navigation, and insufficient color contrast.

• Utilize Data-Driven Insights and Feedback

Harness data-driven insights to measure and refine your accessibility efforts. Utilize web analytics tools like Google Analytics to track user behavior and identify potential accessibility issues. 

Conduct thorough accessibility audits, employing automated tools and manual testing, to pinpoint and rectify barriers. 

Gather invaluable user feedback through direct testing with individuals with disabilities, and implement A/B testing to optimize conversion rates of accessible features. 

Engage with accessibility experts and utilize automated tools to gain deeper insights. Consider establishing an accessibility feedback form on your website to encourage ongoing user input. 

Train your team on accessibility best practices and provide continuous education, ensuring content creators are well-versed in producing accessible material.

• Demonstrate Commitment and Continuous Improvement

Demonstrate your commitment to accessibility by publishing a clear accessibility statement with contact information for reporting issues. 

Continuously monitor and maintain your website’s accessibility, adapting to evolving guidelines and technologies. 

Choose vendors and tools that prioritize accessibility, integrating accessibility considerations into all external partnerships.

Stay informed about the latest accessibility guidelines and technology advancements. 

 

Recent Examples of Web Accessibility Litigation

Examining recent case studies provides valuable insights into the evolving landscape of web accessibility litigation. While many early lawsuits, like that brought against Winn-Dixie, focused on the close connection between organizations’ websites and physical locations, the increasing ubiquity of e-commerce has called this standard into question. 

Now, plaintiffs are scrutinizing the equity of access to companies’ online experiences, even if in-store shopping options are available. 

Whirlpool Faces Class Action Over Inaccessible Online Shopping

For example, an early 2023 class action lawsuit against Whirlpool Corporation—the owner of appliance brand KitchenAid—claimed that barriers for customers with visual disabilities on KitchenAid’s website constituted discrimination because they forced customers to spend time and money visiting in-store locations to make purchases.

NY Accessibility: More Than Just the ADA

Furthermore, it’s crucial to understand that the ADA isn’t the only law governing web accessibility in the U.S.—and companies may simultaneously be held accountable under the ADA and other state and local regulations.

Children’s toy manufacturer Hasbro found itself in this position in 2023 when a plaintiff sued the company for violating New York State Human Rights Law, New York City Human Rights Law, and New York State Civil Rights Law, as well as the ADA. 

The lawsuit alleged that barriers on the company’s website—including missing alt text, missing descriptive links, and inaccessible forms—prevented screen reader users from fully interacting with the experience and purchasing Hasbro’s goods and services.

Final Thoughts: The Smart Thing to Do

Don’t let the outdated mindset of ‘I don’t need to worry about website accessibility’ hold you back. 

It’s not just risky; it’s a missed opportunity. 

If you’re facing web accessibility challenges, get in touch with us immediately. We’ll help you transform your website from a potential liability into a strategic advantage, expanding your reach, enhancing your brand, and creating a truly inclusive digital experience. 

Don’t just do the right thing; do the smart thing – contact us today.

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