When most people think of accessibility, they imagine wheelchair ramps or disabled parking bays. But, under the Americans with Disabilities Act (ADA), the term ‘accessibility’ has been revised to include digital spaces too. Due to this fairly recent adjustment, ADA-related lawsuits have seen a dramatic increase in the last 15 years, and states like Georgia are among the top contributors – in 2023 alone, Georgia saw 120 Title III ADA filings. To avoid such lawsuits and the fallout associated with them, organizations are urged to comply with the ADA. This guide helps you do exactly that by dissecting the ADA, who it applies to, and the risks of non-compliance, among other things. Let’s dive in.
What is the Americans with Disabilities Act (ADA)?
The Americans with Disabilities Act (ADA) was passed in 1990, and was designed to prevent discrimination against disabled individuals across many different aspects of daily life including employment, communication, and access to products and services. In this way, it was a major turning point in the lives of America’s disabled populace.
The act is structured into five main titles, each one covering a different aspect of accessibility:
- Title I: Employment – Prohibits discrimination in employment and requires reasonable accommodations for employees with disabilities.
- Title II: Public services – Mandates accessibility for state and local government services, regardless of size.
- Title III: Public accommodations – Ensures businesses and nonprofit organizations that serve the public are accessible.
- Title IV: Telecommunications – Requires telecommunication providers to offer services accessible to individuals with hearing or speech impairments.
- Title V: Miscellaneous provisions – Addresses other areas, such as retaliation and attorney’s fees.
Initially focused on physical spaces, the ADA’s scope has since broadened, following the dominant rise of the internet. Courts have increasingly interpreted websites and digital platforms as ‘public accommodations’, including them under Title III off the act.
In Georgia, state initiatives, such as the Georgia Accessibility Code, complement federal mandates like the ADA by providing additional guidelines for physical accessibility in public spaces. Together, these laws create a comprehensive framework for accessibility.
Free ADA Compliance Audit of your Website
Detecting ADA Compliance issues has never been easier than it is now. At Recite Me we offer a free automated scan of your websites homepage. This will identify and highlight any non-compliance on your website. Followed by recommendations on how to implement the necessary changes to improve your websites accessibility score and standing.
Who needs to be ADA compliant in Georgia?
The ADA’s titles contain all the necessary information about what applies to whom. So, to figure out if the ADA’s requirements apply to you, we simply need to unpack the titles in a bit more detail. Fortunately, we have done this for you.
The ADA applies to:
- Employers with 15 or more employees (Title I).
- State and local government entities (Title II).
- Public accommodations such as retail stores, restaurants, and hotels (Title III).
What is a public accommodation? The term ‘public accommodation’ encompasses any organization or facility that is open to the public. This includes: restaurants, cafés, hotels, and theaters, as well as ecommerce sites and mobile apps.
In practical terms, this broad definition means very few businesses are exempt from ADA requirements. Even if your organization is technically exempt, it’s wise to adopt ADA standards so that you can safeguard against future lawsuits while simultaneously opening your doors to a wider range of potential customers.
Website ADA compliance errors and how to fix them
According to a 2024 WebAIM survey, 96% of some 1 million homepages analyzed contained ADA compliance errors. By understanding the most common ADA failures and how to address them, you can take proactive steps to achieve compliance and avoid becoming part of this alarming statistic.
Missing image alt text
Alternative text is a text-based description of an image or visual element, which can be interpreted and read aloud by screen readers. This helps users with visual impairments perceive the contents and purpose of an image without necessarily being able to see it.
Without alt text, visually impaired users miss out on important context, whether that be a product image on an ecommerce site or a labelled diagram on an e-learning platform. Alt text should also be appropriately descriptive, without confusing the screen reader user with too much jargon. For example, “A woman using a wheelchair entering a coffee shop in Atlanta”. This provides enough context that you can build a fairly detailed image in your head of the image’s contents, but not too much that it becomes confusing or overwhelming.
Lack of keyboard navigation
Internet users with motor impairments tend to have difficulties using a mouse. Instead, they typically rely on keyboards or assistive devices to browse web pages. Therefore, websites which are not appropriately designed for keyboard navigation end up blocking these users from carrying out basic functions. When designing ADA compliant websites ensure web page headings follow a logical tab order, that semantic HTML tags are implemented correctly, and that key focus indicators are used appropriately.
Non-descriptive links
Hyperlinked text should always describe where the link leads to. For example, “Learn about Georgia ADA guidelines” gives context around the link’s destination, helping screen readers to convey the link’s purpose to visually impaired users. This is considered much more accessible than writing vague, ambiguous phrases like “Click here”, which tell the user nothing about the link destination.
Inaccessible forms
Online forms which do not have proper labels or focus indicators are considered inaccessible. This is because users with disabilities cannot navigate or complete them effectively as a result. To fix this, label all form fields clearly, using obvious tags like “Name” or “Email address”. Additionally, ensure keyboard navigation works seamlessly by checking the form’s tab order.
Poor color contrast
Insufficient color contrast between text and background makes content hard to read. This is especially true for users with visual impairments or color blindness who struggle to perceive low-contrast text. Opt for high-contrast color combinations instead, like dark blue and light gray, or the classic black and white. Ensure these combinations align with contrast ratio requirements outlined in the Web Content Accessibility Guidelines; for instance, 4.5:1 for normal-sized text.
You could even consider opting for accessibility solutions like an accessibility toolbar, which gives users complete freedom to customize your site in the way that works best for them. This includes adjusting your website’s color palette.
The importance of accessibility testing for ADA compliance in Georgia
ADA accessibility testing is crucial to achieving and maintaining accessibility. Without it, attempts at improving accessibility are mere shots in the dark. When you first embark on your ADA compliance journey, testing is required to identify which areas of your website are not compliant. Subsequent tests are then needed to manage the improvement process and to make sure that accessibility strategies are working as they should. Even once ADA compliance has been achieved, testing has a role to play, as it is needed to maintain compliance and prevent inaccessible features from creeping in again.
There are three main types of accessibility testing, and using a combination of all three creates a robust testing strategy. Here’s a brief explanation of each:
- Automated testing: Involves using tools like Recite Me’s accessibility checker, which quickly identifies common issues, such as missing alt text or low contrast.
- Manual testing: Human testers evaluate accessibility aspects which automation might miss, like logical navigation or the descriptiveness of alt text.
- User testing: Involves compiling feedback from individuals with disabilities, based on their lived experience, to ensure real-world usability.
So, you know that you should be conducting regular audits. But how regular is regular? Well, the whole point of regular audits is to spot potential ADA failures as your site evolves. This means, at the very least, you should be auditing your site after every redesign or significant content change, as well as after any updates to relevant regulations like the ADA or WCAG. If there are no major changes, then just for housekeeping’s sake, monthly audits are advised.
What are the risks of not complying with Georgia ADA laws
Neglecting web accessibility and the ADA’s requirements isn’t just unethical; it’s a huge business risk. In this section, we examine the dangers involved with ADA non-compliance.
Reputational damage
Accessibility is a matter of corporate social responsibility, and if the result of an ADA lawsuit renders your organization inaccessible, this can have detrimental consequences for your brand’s reputation. Word spreads quickly through social media and online reviews, discouraging both potential customers and partners from giving you their business. In close-knit communities, like that which is common across Georgia, boycotts and public backlash are not uncommon, and can be difficult to come back from.
Legal penalties
Businesses found in breach of the ADA can face fines of up to $75,000 for the first violation and $150,000 for subsequent violations. Settlements often include additional costs like attorney fees and website remediation, which can bump up the total price tag quite substantially.
Lost business opportunities
According to the CDC, approximately 28% of the population of Georgia have some kind of disability. Failing to make your services accessible not only alienates these individuals, but prevents them from buying your products and services. That’s over a quarter of the population, an enormous market segment, which you could end up excluding from your pool of potential customers; the financial repercussions of which can be devastating to the future growth of your business.
Operational setbacks
Rectifying accessibility issues under a court order is far more costly and disruptive than proactive compliance. Retroactive fixes come at unexpected times and with time-restricted deadlines, forcing you to divert budget and resources away from ongoing projects. This ultimately leads to delays and budget overruns.
Stay ahead of the game when it comes to Digital Accessibility laws and compliance in the United States. Learn about all the different federal and state-level regulations, see real examples of web accessibility lawsuits in different regions and discover a 7-step action plan for building accessible websites.
Biggest Americans with Disabilities Act lawsuits in Georgia
Non-compliant businesses in Georgia face a looming reality that ADA lawsuits are on the rise. 2023 saw a 42% increase in lawsuits, with over 4,600 ADA filings, many of these in Georgia. This section unpacks a couple of the most significant ADA lawsuits in Georgia’s recent history.
City of Savannah, Georgia, ADA Compliance Review
In 2001, the Department of Justice (DOJ) conducted a compliance review of the City of Savannah under Title II of the ADA, focusing on the city’s programs, services, and activities. The review aimed to ensure that the City of Savannah was providing equal access to its programs and services for individuals with disabilities, as required by the ADA.
The settlement agreement required the city to conduct a self-evaluation of its programs and services, designate a responsible employee to coordinate ADA compliance efforts, and establish a grievance procedure for resolving complaints of ADA violations. The city also agreed to make necessary modifications to its facilities and programs to ensure accessibility for individuals with disabilities.
Lumpkin County, Georgia, ADA Compliance Review
Similarly to the City of Savannah, the DOJ initiated a compliance review of Lumpkin County, Georgia, under Title II of the ADA, focusing on the county’s programs, services, and activities. The reason for the review was to determine whether Lumpkin County was complying with its ADA obligations for public entities. In other words, the DOJ was investigating whether Lumpkin County was providing equal access to its programs and services as is required of it.
The settlement agreement required Lumpkin County to conduct a self-evaluation of its services, policies, and practices. It also required the county to designate a responsible employee to coordinate ADA compliance efforts, and establish a grievance procedure for resolving complaints of ADA violations. The county also agreed to make the necessary modifications to its facilities and programs so that accessibility could be guaranteed for individuals with disabilities.
