Get A Free ADA Compliance Audit Of Your Website
Download NowMaking sure you’re on the right side of the law is important. There’s no question about that. But the Americans with Disabilities Act (ADA) transcends mere legal compliance. It’s proof of your commitment to an equal society, where disabled people have the same access to products and services as their non-disabled counterparts.
Not only that, but it opens up a whole new world of business opportunities that you may not have been privy to otherwise. So, whether you own a bustling café in Chicago or a digital marketing firm in Springfield, this article is your blueprint for understanding the ADA in Illinois and implementing its guidelines for digital accessibility.
Understanding the Americans with Disabilities Act in Illinois
The ADA is structured into five Titles, each addressing a different area of public life:
- Title I: Focuses on employment rights, mandating that businesses with 15 or more employees provide equal opportunities to applicants and employees with disabilities.
- Title II: Covers public services and transportation, requiring state and local government entities to be accessible.
- Title III: Relates to the accessibility of ‘public accommodations’; an umbrella term, which includes any business that provides goods, services, or facilities to the general public. Importantly, digital accessibility falls under the scope of Title III.
- Title IV: Ensures accessible telecommunications for individuals with hearing or speech impairments.
- Title V: Includes miscellaneous provisions that support the overall goals of the act, such as protections for individuals who wish to assert their ADA rights.
For public entities, Title II is the most relevant, whereas Title III is the most significant for private organizations with an online presence. Courts and regulators increasingly interpret websites and mobile apps as extensions of public accommodations when they provide access to goods or services. This means inaccessible digital platforms may expose Illinois businesses to ADA litigation.
Want to make sure your website is compliant with the Americans with Disabilities Act? Then unlock the ADA compliance checklist now. Discover actionable steps to ensure ADA compliance, helping you avoid lawsuits and any other negative consequences of non-compliance.
Which businesses do the Illinois ADA guidelines apply to?
The ADA applies broadly, leaving room for few exceptions, but not all businesses are subject to the same requirements. Illinois-based businesses that fall into one of the following categories must comply with the ADA’s requirements:
- Employers with 15 or more employees
- Businesses offering goods or services to the public
- Nonprofit organizations serving the public
- State and local government entities
Even if your business doesn’t directly fall under ADA mandates, adopting accessibility practices is still a smart idea. It demonstrates inclusivity and future-proofs you against potential lawsuits as your organization, and the laws regulating it, evolve.
Strategies to make your website ADA compliant in Illinois
Most modern businesses have some form of online presence. And with web accessibility related lawsuits reaching 2,281 in 2023 and the average website home page containing 50 accessibility errors, focusing your compliance efforts on digital accessibility is not a bad idea. This section details two essential strategies for keeping any Illinois-based website or mobile app ADA compliant.
Continuous accessibility testing
Regular accessibility testing for ADA forms the basis of any proactive approach to ADA compliance in Illinois. It helps identify and fix accessibility gaps before they become major legal issues, safeguarding your business against fines and other implications.
There are three primary testing methods. For comprehensive coverage, they should be used in conjunction:
- Automated testing: Software tools like the Recite Me Accessibility Checker scan website code for common failures and generate structured reports with actionable recommendations.
- Manual testing: Human reviewers can spot keyboard navigation, focus order, form functionality, and other issues that automated tools may miss.
- User testing: Individuals with disabilities provide real-world feedback, including how the site performs with assistive technologies such as screen readers or voice navigation tools.
One frequently asked question when it comes to auditing is: “how often?”. The truth is, there is no right answer to this. However, it is generally accepted that the more regular you monitor accessibility, the better. At the very least, comprehensive tests should be conducted after every website change or regulation update.
Following the best practices of WCAG
The Web Content Accessibility Guidelines (WCAG), developed by the World Wide Web Consortium (W3C), are the recognized benchmark for digital accessibility. Built around four core POUR principles, WCAG forms the technical foundation for digital accessibility legislation and enforcement frameworks around the world.
Although the ADA does not explicitly name a technical web standard, enforcement patterns consistently reference WCAG as the benchmark for compliance. Most organizations aim for WCAG 2.1 Level AA, which addresses common accessibility barriers such as:
- Missing alternative text for images
- Insufficient color contrast
- Inaccessible forms
- Poor keyboard navigation
- Screen reader incompatibility
- Unlabeled interactive elements
Consequences of not complying with ADA laws in Illinois state
Consider if a visually impaired customer attempts to use your website but cannot complete a purchase due to inaccessible design. Not only does this create frustration for the user, but it puts you at risk of facing legal action, among other things. Let’s unpack the risks of ADA non-compliance in a bit more detail.
Financial penalties
Failing to comply with the ADA’s stipulations can result in fines ranging from $75,000 for a first violation to $150,000 for subsequent offenses. An e-commerce store in Illinois, for example, that does not ensure screen-reader compatibility throughout its site, becomes susceptible to these sorts of penalties, especially if customers file a lawsuit. However, even an unsuccessful lawsuit can incur significant costs just from the legal process itself.
Legal expenses
Legal costs associated with ADA lawsuits can mount up quickly. These include attorney fees, court expenses, and potential settlements, which can add up to sums in the tens of thousands.
Reputational damage
Publicized lawsuits can severely harm a company’s image, especially in today’s social media-driven world, where news seems to travel fast. Boycotts and negative online reviews can lead to a huge churn in existing customers, while deterring potential new customers. Once public perceptions are set, they are very difficult to change, making growing your business 10 times harder than before.
Reduced customer base
Illinois-based businesses that fail to comply with the ADA risk alienating the state’s disabled population, which makes up approximately 24% of the state’s total population. This is a huge market segment with huge potential for increased sales. If an online retailer, for example, lacks appropriate keyboard navigability, shoppers with motor impairments may turn to more inclusive competitors. In this way, an inaccessible website not only reduces your customer base, but helps bolster that of your competitors.
Operational disruptions
If a lawsuit is filed against your business for failing to comply with the ADA, the resulting settlement agreement may require you to make forced business changes, such as significant adjustments to your website’s design. This can incur much higher costs than if you had taken a proactive approach to accessibility, as making retroactive adjustments, and doing so under settlement conditions, may cause you to temporarily close your business or delay operations.
Significant Americans with Disabilities Act lawsuits in Illinois
There has seen several high-profile ADA lawsuits in Illinois, which highlights the importance of compliance. Let’s take a closer look at some of the main cases:
Sumaya Hussein v Balenciaga
In the case of Sumaya Hussein v Balenciaga, it was alleged that Balenciaga’s digital platforms were alleged to be inaccessible to individuals with disabilities, raising claims under Title III of the ADA. Cases like this reinforce that websites and mobile applications are subject to accessibility expectations.
P.F. Chang’s China Bistro
The class-action lawsuit against P.F. Chang’s China Bistro alleged that the company website was incompatible with assistive technology, preventing users with visual impairments from accessing menus, reservations, and ordering systems. The case sought injunctive relief requiring redesign to meet accessibility standards. Lawsuits of this nature underscore the importance of adhering to WCAG when developing public-facing digital platforms.
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Need help with ADA compliance in Illinois?
Understanding how federal ADA requirements apply to digital environments in Illinois can be complex. Taking a proactive approach to accessibility reduces legal exposure and helps ensure your digital platforms are usable by everyone.
The most effective approach is to audit, fix the high-impact issues first, and build accessibility into your ongoing workflow. Request your free accessibility check today and contact our team for advice tailored to the Illinois laws and compliance requirements that affect your organization.
ADA compliance in Illinois FAQs
Looking for a recap or quick summary? Here are a few of our most frequently asked questions to help you get to grips with the essentials:
Does Illinois have its own accessibility law in addition to the ADA?
Yes. However, the Illinois Information Technology Accessibility Act primarily applies to state agencies and certain public institutions. Most private businesses are governed by Title III of the ADA rather than state-specific digital legislation.
Which organizations must comply with the ADA in Illinois?
Employers with 15 or more employees, businesses and nonprofit organizations serving the public, and state and local government entities must comply with applicable ADA requirements.
Can Illinois businesses be sued for an inaccessible website?
Yes. If a digital platform prevents users with disabilities from accessing goods or services, it may expose your organization to litigation.
Does ADA compliance apply to mobile apps or just websites?
Both. If a mobile application provides access to goods, services, or public programs, it may fall within the scope of ADA Title II or Title III, depending on the organization.
What WCAG version and compliance level apply in Illinois?
WCAG 2.1 Level AA has historically been considered the benchmark. However, recent litigation increasingly references WCAG 2.2, making WCAG 2.2 Level AA a prudent standard for reducing risk.
How often should ADA accessibility testing be conducted to avoid a lawsuit?
There is no fixed legal schedule. However, accessibility should be reviewed regularly and after significant website updates, redesigns, or regulatory changes.
Need more help becoming ADA compliant?
The following resources are packed full of actionable tips and expert advice for making your digital content compliant with the Americans with Disabilities Act:
Free ADA Accessibility Training
Take the first step to ADA compliance by completing our training course.
Free ADA Accessibility Guide
Ensure your organization is meeting the requirements for ADA compliance.
