State and local governments will often post documents on their websites using Portable Document Format (PDF). But PDF documents, or those in other image based formats, are often not accessible to blind people who use screen readers and people with low vision who use text enlargement programs or different color and font settings to read computer displays.
A 1999 jury verdict against Chuck E. Cheese pizza chain, where the Commission alleged that the defendant discriminatorily discharged an employee because of his mental retardation. Although the employee was able to work productively with the aid of a job coach, and the local manager and staff supported his retention, the employee was fired by a regional manager who stated that the company did not employ "those kind of people." Ultimately, EEOC won a jury award of $10,000 in back pay, $70,000 in compensatory damages for emotional distress, and a record $13 million in punitive damages (later reduced to $230,000 because of the statutory cap on punitive damages).
Thanks for writing. While I’m not a lawyer I believe if your physical practice is ADA exempt your web presence, as an extension of that physical business would maintain the same exemption status. If you’d like to be absolutely certain I’d confer with an ADA lawyer (email us, questions at yokoco dot com if you need a referral) but I don’t believe you have reason to worry.
There are many ways to discriminate against people based on disabilities, including psychological ones. Anyone known to have a history of mental disorders can be considered disabled. Employers with more than 15 employees must take care to treat all employees fairly and with any accommodations needed. Even when an employee is doing a job exceptionally well, she or he is not necessarily no longer disabled; employers must continue to follow all policies for the disabled.
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.
The Federal Communications Commission (FCC) enforces regulations covering telecommunication services. Title IV of the ADA covers telephone and television access for people with hearing and speech disabilities. It requires telephone and Internet companies to provide a nationwide system of telecommunications relay services that allow people with hearing and speech disabilities to communicate over the telephone.
Leading web developers have been pioneering accessibility and publishing standards since 1994. In 1999, the Web Accessibility Initiative (WAI) and the World Wide Web Consortium (W3C) created the Web Content Accessibility Guidelines (WCAG). In essence, the people who determine how the internet is written came together to advise web developers on how to make websites accessible not only to people with disabilities, but to all web users, including those with highly limited devices.
You may file a charge of discrimination on the basis of disability by contacting any EEOC field office, located in cities throughout the United States. If you have been discriminated against, you are entitled to a remedy that will place you in the position you would have been in if the discrimination had never occurred. You may be entitled to hiring, promotion, reinstatement, back pay, or reasonable accommodation, including reassignment. You may also be entitled to attorneys fees.
The fastest, most certain way to be sure your website is in compliance is to contact a qualified web design agency and have them perform an audit of all your online properties. Make sure you interview the agency thoroughly first, as not all agencies are up to speed on ADA website compliance rules. A qualified web design firm will be able to identify any violations of ADA Website Compliance and outline a plan for updating your online content and properties.
On September 15, 2010 the Department published final regulations revising the Department’s ADA regulations, including the adoption of updated ADA Standards for Accessible Design (2010 Standards). The revised final rules went into effect on March 15, 2011. Compliance with the 2010 Standards was required on March 15, 2012, except that compliance with the requirements in the 2010 Standards with respect to existing swimming pools was subsequently extended to January 31, 2013. (77 FR 30174 (May 21, 2012)).
The WCAG require all content to be robust enough to allow various user agents such as assistive technology to interpret it easily. The content must also be accessible to every user and remain abreast with technological advancements such as mobile tech. Finally, the content and website must offer utmost compatibility with most, if not all, web browsers.
It makes sense that everyone should have equal access to websites and online properties. The Internet has become an integral part of our lives, where we go to shop, learn, do our banking, and socialize. The DOJ hasn’t determined what the final set of regulations for ADA compliant websites will be yet, but there are established guidelines and standards of accessibility that can be viewed on the ADA website. Once a website meets these accessibility standards it qualifies as ADA compliant.
On July 15, 2016, Attorney General Loretta Lynch signed a final rule revising the ADA title II and III regulations to implement the requirements of the ADA Amendments Act of 2008. The final rule was published in the Federal Register on August 11, 2016, and took effect 60 days after publication, on October 11, 2016. Congress enacted the ADA Amendments Act to clarify the meaning and interpretation of the ADA definition of “disability” to ensure that the definition of disability would be broadly construed and applied without extensive analysis.
WordPress themes (and themes for other CMS platforms like Drupal) commonly have the generic “more accessible” and “WCAG 2.0” tags attached to them but you have to be extremely careful about buying them because these are more aspirational claims than reality. Typically you’ll get a boost of accessible elements on your website but buying an accessible theme – premium or free – will not take care of everything for you.
In Robles v. Dominos Pizza LLC (Case No. 42 CV 16-06599 SJO (C.D. Cal. Mar. 20, 2017)), a federal court in California dismissed a class action lawsuit against Dominos, accepting the defandants due process defense. In a nutshell, the court found Dominos does have to make accessibility accommodations but because the plaintiff was trying to hold them to technical standards that weren’t promulgated by law, the case was dismissed.
This title is designed to help people with disabilities access the same employment opportunities and benefits available to people without disabilities. Employers must provide reasonable accommodations to qualified applicants or employees. A reasonable accommodation is any modification or adjustment to a job or the work environment that will enable an applicant or employee with a disability to participate in the application process or to perform essential job functions.
Develop a plan for making your existing web content accessible. Describe your plan on an accessible webpage, and encourage input on how accessibility can be improved. Let visitors to your website know about the standards or guidelines that you are using to make your website accessible. When setting timeframes for accessibility modifications to your website, make more popular webpages a priority.
Certain specific conditions that are widely considered anti-social, or tend to result in illegal activity, such as kleptomania, pedophilia, exhibitionism, voyeurism, etc. are excluded under the definition of "disability" in order to prevent abuse of the statute's purpose. Additionally, gender identity or orientation is no longer considered a disorder and is also excluded under the definition of "disability".
The Attorney General has responsibility for publishing regulations implementing the requirements of title II (state and local government services) and title III (public accommodations and commercial facilities) of the ADA. These regulations are codified in the Code of Federal Regulations (CFR) at 28 CFR parts 35 (title II) and 36 (title III). The Department’s current ADA regulations can also be found below:
Prohibited discrimination may include, among other things, firing or refusing to hire someone based on a real or perceived disability, segregation, and harassment based on a disability. Covered entities are also required to provide reasonable accommodations to job applicants and employees with disabilities. A reasonable accommodation is a change in the way things are typically done that the person needs because of a disability, and can include, among other things, special equipment that allows the person to perform the job, scheduling changes, and changes to the way work assignments are chosen or communicated. An employer is not required to provide an accommodation that would involve undue hardship (significant difficulty or expense), and the individual who receives the accommodation must still perform the essential functions of the job and meet the normal performance requirements. An employee or applicant who currently engages in the illegal use of drugs is not considered qualified when a covered entity takes adverse action based on such use.
The ADA statute identifies who is a person with a disability, who has obligations under the ADA, general non-discrimination requirements and other basic obligations. It delegates fleshing out those obligations to federal agencies. The agencies issue regulations and design standards. The regulations have the details on the rights of people with disabilities and responsibilities of employers, state and local governments, transportation providers, businesses and non-profit organizations. The design standards specify how many entrances need to be accessible, how many toilet rooms and the design for those elements. To know what the ADA requires, you need to read the law, regulations and design standards.