Videos need to incorporate features that make them accessible to everyone. Provide audio descriptions of images (including changes in setting, gestures, and other details) to make videos accessible to people who are blind or have low vision. Provide text captions synchronized with the video images to make videos and audio tracks accessible to people who are deaf or hard of hearing.
Every year numerous lawsuits are taken against businesses that fail to follow the ADA’s proposed requirements for web accessibility. This failure occurs because organizations, including state and local government entities, fail to read the ADA Best Practices Tool Kit.8 They also do not follow the most up to date version of the WCAG.9 These two failures are not only detrimental to people with disabilities who want to effectively browse the web, but they are also inexcusable in today’s digitally driven world.
The ADA guidelines are often updated so that businesses can better understand how various disabilities can affect the way that people will interact with websites and digital content. The guidelines also explain why certain barriers can prevent disabled individuals from using or even accessing a website. With these goals in mind, it is important to note that organizations need to review the guidelines on a yearly basis. New technologies, such as Artificial Intelligence10, are being used to help people with disabilities get the most out of the digital world. If organizations fail to read the latest ADA guidelines, then they will soon discover that their approach to web accessibility is outdated, and they might be in violation of digital accessibility laws.
In 2001, for men of all working ages and women under 40, Current Population Survey data showed a sharp drop in the employment of disabled workers, leading at least two economists to attribute the cause to the Act.[52] By contrast, a study in 2003 found that while the Act may have led to short term reactions by employers, in the long term, there were either positive or neutral consequences for wages and employment.[53] In 2005 the rate of employment among disabled people increased to 45% of the population of disabled people.[54]
On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 (ADAAA) into law. The amendment broadened the definition of "disability", thereby extending the ADA's protections to a greater number of people.[43] The ADAAA also added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as the operation of several specified major bodily functions.[43] The act overturned a 1999 US Supreme Court case that held that an employee was not disabled if the impairment could be corrected by mitigating measures; it specifically provides that such impairment must be determined without considering such ameliorative measures. It also overturned the court restriction that an impairment which substantially limits one major life activity must also limit others to be considered a disability.[43] In 2008, the United States House Committee on Education and Labor stated that the amendment "makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability."[44] Thus the ADAAA led to broader coverage of impaired employees.

First, these lawsuits will be very easy for plaintiffs to work up. The plaintiffs do not need any site inspection, experts or research. They can just surf the web from the convenience of their homes or offices. Marty says the "surf by" complaints could dwarf the "drive by" ADA lawsuits that looked for missing accessible parking spaces and other readily visible shortcomings.
In one case where the defendant, Bang & Olfusen, won its motion to dismiss, the court noted that the plaintiff had failed to plead a nexus between the physical place of public accommodation and the website in question. In the other case, the court dismissed the claims made against Domino’s because requiring the defendant to comply with a set of web accessibility guidelines that are not yet law would violate due process principles.  The Domino’s decision is on appeal and will be reviewed by the Ninth Circuit in 2018.  Our post about these cases is here.
One of the first major ADA lawsuits, Paralyzed Veterans of America v. Ellerbe Becket Architects and Engineers (PVA 1996) was focused on the wheelchair accessibility of a stadium project that was still in the design phase, MCI Center (now known as Capital One Arena) in Washington, D.C. Previous to this case, which was filed only five years after the ADA was passed, the DOJ was unable or unwilling to provide clarification on the distribution requirements for accessible wheelchair locations in large assembly spaces. While Section 4.33.3 of ADAAG makes reference to lines of sight, no specific reference is made to seeing over standing patrons. The MCI Center, designed by Ellerbe Becket Architects & Engineers, was designed with too few wheelchair and companion seats, and the ones that were included did not provide sight lines that would enable the wheelchair user to view the playing area while the spectators in front of them were standing. This case[69][70] and another related case[71] established precedent on seat distribution and sight lines issues for ADA enforcement that continues to present day.
There are exceptions to this title; many private clubs and religious organizations may not be bound by Title III. With regard to historic properties (those properties that are listed or that are eligible for listing in the National Register of Historic Places, or properties designated as historic under state or local law), those facilities must still comply with the provisions of Title III of the ADA to the "maximum extent feasible" but if following the usual standards would "threaten to destroy the historic significance of a feature of the building" then alternative standards may be used.
According to Creating an Accessible Presence for the Lodging Industry by the American Hotel & Lodging Association, “Many businesses don’t understand that the law actually requires them to make their websites accessible to individuals with disabilities. There is a common misperception that the Americans with Disabilities Act and similar state and local laws only deal with physical buildings and facilities, so-called “brick and mortar” establishments, and that non-building-related business operations—such as websites—are not covered by these laws. Nothing could be further from the truth—at least with respect to websites that have some sort of connection, or “nexus,” to physical places of business.”
According to the DOJ, “Being unable to access websites puts individuals with disabilities at a great disadvantage in today’s society.” With these words in mind, the DOJ has rapidly adopted the role of web accessibility enforcer. A failure to make digital content, including websites, accessible to all individuals regardless of their emotional, physical, or mental disabilities, can result in hefty fines and class action lawsuits. In short, the DOJ is dedicated to making sure that individuals with disabilities have the same equal access to the benefits that are available online. Creating equal access is only possible if organizations a) understand the requirements of web accessibility, b) know that web accessibility is an obligation under the ADA, and c) make web accessibility a priority. The value that awaits when organizations adhere to digital accessibility laws can be measured in more than dollars and cents.

I come from a background in both marketing and design and clients typically appreciate my ability to produce campaigns and designs with a focus on high-quality aesthetics, conversion and results. Whether you're looking for a UI designer to rework your website or an inbound marketing expert to help you craft a campaign, I'm confident I can lend a creative eye to your project and achieve...
If you return your availability by room type your our online booking engine must also display and hold accessible rooms only for people with disabilities until all other rooms have been booked. (Rule becomes effective March 15, 2012.)  If you return your availability by individual units you do NOT have to hold ADA rooms back until all other units have been reserved.  However, all other ADA regulations do apply (ADA room descriptions, using a booking engine that is ADA compliant, and making your website ADA accessible).
The way a lot of people think about getting a new website is, they have a certain amount of money and they think, If I pay less money for a website, I'll have extra money left over, therefore I win. And so they'll go and get a Square Space or a Wix or a Go Daddy website, and they'll think because they've saved money they're coming out ahead of the deal.

Under 2010 revisions of Department of Justice regulations, newly constructed or altered swimming pools, wading pools, and spas must have an accessible means of entrance and exit to pools for disabled people. However, the requirement is conditioned on whether providing access through a fixed lift is "readily achievable". Other requirements exist, based on pool size, include providing a certain number of accessible means of entry and exit, which are outlined in Section 242 of the standards. However, businesses are free to consider the differences in the application of the rules depending on whether the pool is new or altered, or whether the swimming pool was in existence before the effective date of the new rule. Full compliance may not be required for existing facilities; Section 242 and 1009 of the 2010 Standards outline such exceptions.[21]

The ADA itself holds different organizations to more/less stringent standards based on a host of factors, government funding being a major one. Government agencies themselves are usually held to the most severe standards. That said, while ADA has adopted WCAG as the defacto standard, from what I’ve seen it appears they’re going with AA compliance as the most reliable one. That said, we’ve done work with some organizations who’ve chosen to comply with AAA in an effort to be as buttoned up as possible from an accessibility and experiential perspective. We’ve also worked with some who have tighter budgers and aim for level A compliance and have a more “react and repair” mindset when they discover anything in their site that is giving someone hardship from an accessibilirt standpoint.


The Department of Justice provides technical assistance to help State and local governments understand and comply with the ADA. An important source of ADA information is the Department’s ADA Home Page on the World Wide Web. This extensive website provides access to ADA regulations; all Department ADA technical assistance materials, including newly-released publications; proposed changes in the ADA regulations; and access to Freedom of Information Act materials, including technical assistance letters. The website also provides links to other Federal agencies with ADA responsibilities.
Navigable: Content that’s repeated on multiple pages can be easily skipped. All pages have informative titles, headings, and labels that describe the page’s content and hierarchy. Navigating the page must take place sequentially, in a meaningful order that preserves relationships on the page. All link text is descriptive in order to make clear where the link will take users. If users are navigating via a keyboard, the current focus of the keyboard is always highlighted and visible.
Many government services and activities are also provided on websites because the public is able to participate in them at any time of day and without the assistance of government personnel. Many government websites offer a low cost, quick, and convenient way of filing tax returns, paying bills, renewing licenses, signing up for programs, applying for permits or funding, submitting job applications, and performing a wide variety of other activities.
Barden v. The City of Sacramento, filed in March 1999, claimed that the City of Sacramento failed to comply with the ADA when, while making public street improvements, it did not bring its sidewalks into compliance with the ADA. Certain issues were resolved in Federal Court. One issue, whether sidewalks were covered by the ADA, was appealed to the 9th Circuit Court of Appeals, which ruled that sidewalks were a "program" under ADA and must be made accessible to persons with disabilities. The ruling was later appealed to the U.S. Supreme Court, which refused to hear the case, letting stand the ruling of the 9th Circuit Court.[62][63]
Peter is Founder and CEO of Blue Interactive Agency, a full service digital marketing agency. With a passion for online marketing, Peter enjoys analyzing digital strategies and offering his unique view on how effective they are. Having a track record of successfully commercializing digital properties, Peter is always looking for the next challenge to help a company succeed online. In his spare time, Peter maintains a personal blog which focuses on his gastronome adventures.
Peter is Founder and CEO of Blue Interactive Agency, a full service digital marketing agency. With a passion for online marketing, Peter enjoys analyzing digital strategies and offering his unique view on how effective they are. Having a track record of successfully commercializing digital properties, Peter is always looking for the next challenge to help a company succeed online. In his spare time, Peter maintains a personal blog which focuses on his gastronome adventures.
In response to the members’ concern about the proliferation of website litigation lawsuits, DOJ said:  “Given Congress’ ability to provide greater clarity through the legislative process, we look forward to working with you to continue these efforts.”  DOJ is essentially putting the ball back in the Congressional court, where little is likely to happen.
Most web designers offer a wide variety of services to make your website aesthetically pleasing and easy to use. Modern web design must be mobile-friendly and scalable, capable of expanding to include a blog, social media sites, and even video streaming; web designers are experts at integrating various web technologies. They can build the site, add functionality, test it, launch it on a live server, and track and maintain its performance.
"The United States demands that H&R Block is fined a penalty to 'vindicate the public interest' and to award money to the individuals who sued the company. The ADA prohibits discrimination of disability by public accommodations in the 'full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations,'" the Justice Department said in joining the lawsuit.

As organizations around the world scramble to bring their sites into compliance with the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG), focus on other, preexisting accessibility regulations has also intensified. The United States’ Americans with Disabilities Act (ADA) is one of the most visible and complicated pieces of accessibility legislation. Let’s look at some of the ins and outs of what an ADA compliant website means today. Or, if you're interested in seeing the nitty-gritty details of your site's accessibility, request a free website audit report using the form on this page.
DOJ’s September 25 response did not do what the members asked, but it did provide some helpful guidance and invited Congress to take legislative action to address the exploding website accessibility litigation landscape. DOJ first said it was “evaluating whether promulgating specific web accessibility standards through regulations is necessary and appropriate to ensure compliance with the ADA.” (This is helpful – to at least know this issue has not fallen totally off DOJ’s radar.) It continued:
This guy is right on! You should learn new skills that are critical to your success instead of focusing on your business. Just making a website is easy, making one that is easy for your users to navigate, captures your users' interactions, feed that back to a CRM so you can act on it and setting up automation to handle each one properly so you don't lose the customer is not. (And do not forget, the design of your site is critical to the effectiveness of Google and Microsoft Ads. Without them, no one will ever see your new, beautiful site.)
In some circumstances, longer and more detailed text will be necessary to convey the same meaningful information that other visitors to the website can see. For example, a map showing the locations of neighborhood branches of a city library needs a tag with much more information in text format. In that instance, where the map conveys the locations of several facilities, add a “longdesc” tag that includes a text equivalent description of each location shown on the map – e.g., “City Center Library, 433 N. Main Street, located on North Main Street between 4th Avenue and 5th Avenue.”
Access Now v. Southwest Airlines was a case where the District Court decided that the website of Southwest Airlines was not in violation of the Americans with Disabilities Act, because the ADA is concerned with things with a physical existence and thus cannot be applied to cyberspace. Judge Patricia A. Seitz found that the "virtual ticket counter" of the website was a virtual construct, and hence not a "public place of accommodation." As such, "To expand the ADA to cover 'virtual' spaces would be to create new rights without well-defined standards."[76]
While the influx of the dot.com world eliminated the need for brick-and-mortar locations for all stores (think eBay or Amazon), all of the above categories typically had a headquarters, if not multiple locations where one could visit and interact.  This would ensure a unique experience, often depending on the individual needs of the visitor. For instance, when visiting a municipal building or institute of learning, a variety of methods are available to get to higher floors (stairs, elevators, ramps and escalators).

Accessibility is important and should be a part of your company or organization’s long-term digital presence strategy. As the web grows ever more refined and personalized, it will no longer be just other entities like the government, Google and the DOJ that expect your site to function with all possible populations in mind. Individual users of all backgrounds, abilities and experience will expect and demand that your site be clear, easy to use and accessible to all.


Ensure that in-house staff and contractors responsible for webpage and content development are properly trained. Distribute the Department of Justice technical assistance document “Accessibility of State and Local Government Websites to People with Disabilities” to these in-house staff and contractors on an annual basis as a reminder. This technical assistance document is available on the ADA Home Page at www.ada.gov.
Thank you so much Jeremy for this article. it's a life saver. I was so lost on this issue. What I get from this article is clear. When you're small, focus on building your brand first then invest in a 'expert' website after you have proven you have a viable profitable business. I even had a look at some of the 'top' competitors in my field and boy Wix will just do guys. Your business is NOT your website. Business creates websites. Websites DON'T create business!
Technology is changing, and many website designers are using creative and innovative ways to present web-based materials. These changes may involve new and different access problems and solutions for people with disabilities. This Chapter discusses just a few of the most common ways in which websites can pose barriers to access for people with disabilities. By using the resources listed at the end of this Chapter, you can learn to identify and address other barriers.
The Americans with Disabilities Act (ADA) and, if the government entities receive Federal funding, the Rehabilitation Act of 1973, generally require that State and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden. One way to help meet these requirements is to ensure that government websites have accessible features for people with disabilities, using the simple steps described in this document. An agency with an inaccessible website may also meet its legal obligations by providing an alternative accessible way for citizens to use the programs or services, such as a staffed telephone information line. These alternatives, however, are unlikely to provide an equal degree of access in terms of hours of operation and the range of options and programs available. For example, job announcements and application forms, if posted on an accessible website, would be available to people with disabilities 24 hours a day, 7 days a week.

What’s in store for 2018? If the Ninth Circuit upholds the Domino’s district court’s dismissal on due process grounds, the number of California website accessibility lawsuits in federal court may go down dramatically.  Even if that occurs, we see no end to the website accessibility lawsuit surge elsewhere and expect that new plaintiffs’ firms will continue to enter the scene.  While the current administration’s DOJ is not likely to push the website accessibility agenda, its inaction will not stop the lawsuits.  Only an amendment to the ADA can do that, which we believe is highly unlikely.  Thus, the best risk mitigation effort for covered entities is still to make their websites accessible as soon as possible, with the assistance of ADA Title III legal counsel experienced in website accessibility issues and reputable digital accessibility consultants.

In 2001, for men of all working ages and women under 40, Current Population Survey data showed a sharp drop in the employment of disabled workers, leading at least two economists to attribute the cause to the Act.[52] By contrast, a study in 2003 found that while the Act may have led to short term reactions by employers, in the long term, there were either positive or neutral consequences for wages and employment.[53] In 2005 the rate of employment among disabled people increased to 45% of the population of disabled people.[54] 
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