Making sure your website meets the requirements of the Americans with Disabilities Act (ADA) is a non-negotiable in today’s digitized world. Not only is it a legal requirement, but it has become an essential part of business strategy too, impacting everything from brand reputation to sales revenue. And with 3,682 web accessibility lawsuits filed in 2023 alone, disabled communities and advocacy groups are more determined than ever to push for meaningful change. Michigan-based organizations should heed the warnings and act now to avoid becoming part of this growing trend.
What is the Americans with Disabilities Act (ADA)?
The ADA is a federal civil rights law enacted in 1990 to prevent discrimination against individuals with disabilities across employment, public services, commercial facilities, and more. Originally focused on physical spaces, the ADA’s scope soon evolved to include digital spaces as the internet became more intertwined with everyday life.
The law is structured around five titles, each addressing specific areas of public life:
- Title I focuses on employment practices, ensuring fair opportunities for disabled individuals in the workplace.
- Title II ensures that state and local government programs and services are accessible to individuals with disabilities, covering all public sector activities.
- Title III addresses public accommodations, requiring that any business which serves the general public must make their products and services accessible to those with disabilities.
- Title IV calls for the telecommunications sector to provide accessible communication methods.
- Title V includes miscellaneous provisions that support enforcement of the ADA, such as protection against coercion.
Title III of the ADA is of particular interest to website owners. In recent years, the term ‘public accommodation’, meaning any business or facility open to the public, has been interpreted to include digital products and services. This includes ecommerce stores, mobile apps, and e-learning platforms, for example.
In Michigan, ADA compliance is reinforced by state-level accessibility laws, such as the Persons with Disabilities Civil Rights Act (PWDCRA). This law complements the ADA by prohibiting discrimination against disabled individuals throughout employment, housing, education, and public accommodations. Together, these regulations create a robust framework for achieving accessibility in Michigan.
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 follow Michigan ADA guidelines?
ADA requirements are remarkably comprehensive, applying to both the public and private sectors in Michigan. We can determine exactly who is required to do what by breaking down the ADA’s five titles:
- Employers with 15+ Employees (Title I): If you employ at least 15 people, ADA compliance is mandatory.
- State and Local Governments (Title II): This covers agencies, departments, and publicly funded programs.
- Public Accommodations (Title III): Any business that serves the public, whether physical or digital, such as hotels, ecommerce stores, banking apps, and theaters.
In summary, the ADA guidelines apply to both public and private sector businesses in Michigan. Whether you’re running a local restaurant, a law firm, a hospital, or an e-commerce site, compliance is mandatory. Even if your business doesn’t fall into one of the categories outlined above, compliance is strongly recommended as a safeguard against future lawsuits and a driver of business benefits.
Biggest causes of ADA non-compliance for websites and how to fix them
Ensuring your website is ADA-compliant can seem overwhelming, especially when you’re not sure where to begin. However, understanding the most common causes of non-compliance can help you identify potential issues before they become legal risks. This section dissects some of the biggest causes of ADA website compliance failures in Michigan, and offers actionable guidance on how to fix them.
Missing alt text for images
Alt text is a written description of an image that helps individuals with visual impairments understand the content. Without alt text, screen readers cannot interpret images, leaving certain users in the dark. This is one of the most common ADA violations.
Fortunately, addressing this issue is quite straightforward. On the backend of your website builder or content management system, verify that all images have been embedded with descriptive alt text. For example, if you have an image of a Michigan sunset on your homepage, the alt text might read: “An orange Michigan sunset over the Great Lakes”. This provides enough detail for screen reader users to interpret the image accurately, without overwhelming them with unnecessary jargon.
Inaccessible forms
Forms that aren’t accessible can create significant barriers for individuals with disabilities, especially when they can’t be navigated using a keyboard or screen reader. To make your forms accessible, first ensure that they are properly labeled and keyboard navigable. This means adding clear field labels, error messages, and instructions that can be interpreted by screen readers. Remember that a form that is easily navigable can improve the user experience for all visitors, not just those with disabilities.
Non-functional links and buttons
Non-descriptive or broken links and buttons can confuse users, especially those relying on screen readers. When embedding links into text, always use clear descriptions which allude to the link destination. For example, “Download our Michigan business guide” very clearly tells the user where the link will take them. Whereas generic terms, like “click here”, provide little to no context. As a bonus tip, remember to test all links to ensure they work correctly before publishing.
Lack of Video Accessibility
Websites often feature videos as a more engaging way of providing content or conveying a message. However, videos are often inaccessible to people who are deaf, visually impaired, or have cognitive disabilities. To avoid this, include captions, transcripts, and audio descriptions wherever possible, so that all users can digest your video content.
Poor color contrast
Websites with low color contrast can make it difficult for individuals with visual impairments, including color blindness, to read text. This issue is particularly prominent on text-heavy websites.
To fix low contrast content, use color contrast tools to help you decide on a palette which meets the Web Content Accessibility Guidelines minimum contrast recommendations; for instance, 4.5:1 for normal-sized text. You might even consider opting for an all-in-one customization tool, like an accessibility toolbar, which allows users to edit colors and content in the way that best suits their specific needs.
Regular accessibility testing for ADA compliance in Michigan
Accessibility testing is the cornerstone of ADA compliance. You need to test your site to know where improvements can be made and to track the impact of said improvements. Even once your site is made accessible, regular testing helps you maintain compliance as your website and regulations evolve.
Testing comes in three different shapes and sizes; automated testing, manual testing and user testing:
- Automated tools can quickly identify common accessibility issues, such as missing alt text or low color contrast. Tools like the Recite Me accessibility checker can even synthesize results into a concise report, providing suggestions for improvement.
- Manual testing is another method, which involves tasking a team of accessibility experts with scouring your site in search of accessibility flaws. Typically, manual audits are focused around operability and can include testing things like keyboard navigation, screen reader functionality, and overall usability.
- User testing relies on feedback from individuals with disabilities. These individuals use their lived experience to test your website in real-world scenarios. This is the most effective way to uncover more granular issues that automated tools and manual testers might miss.
The most comprehensive ADA compliance testing uses a combination of all three methods. Extensive testing like this should be carried out after every major design adjustment or content change. Perhaps even after regulation updates or the release of a new WCAG version. However, regardless of any significant changes, regular automated testing should be employed as a means of general housekeeping. This can be done once a month or more, just to keep on top of compliance and ensure no accessibility issues slip through the net.
What are the risks of not complying with Michigan ADA legislation
The risks of not complying with Michigan ADA laws can be serious. Non-compliance can damage your reputation, expose you to lawsuits, and even cost your business revenue in the long term. Here are some of the biggest risks Michigan businesses face when they fail to comply with ADA guidelines.
Legal penalties
One of the most significant risks of non-compliance is legal action. Lawsuits can result in costly fines and settlements, especially if your business has been the subject of multiple complaints. Legal fees alone can add up quickly, and many businesses have been forced to pay significant settlements due to ADA negligence. The average fine for first-time ADA violations can be as high as $75,000, with subsequent violations reaching figures double that amount.
Reputational damage
Non-compliance with ADA standards can severely damage your reputation. Consumers expect businesses to be inclusive and accessible. If a disabled individual or advocacy group takes you to court, it can soon lead to an onslaught of negative press. If allowed to proliferate through social media channels and the likes, one lawsuit may be enough to completely undermine consumer trust in your brand. You could end up facing a mass exodus of customers as a result, the knock-on effects of which can take a long time to come back from.
Lost business opportunities
Businesses that fail to make their websites accessible are missing out on a significant portion of the market. According to the World Health Organization, over 1 billion people globally live with some form of disability. In Michigan, this figure stands at more than 1.3 million people, a sizable market segment to say the least. Now imagine a scenario in which none of these people have access to your products and services. This is the result of an inaccessible ADA website design; a huge missed opportunity.
Operational setbacks
Fixing accessibility issues after a website is launched is more costly and time-consuming than adopting a proactive approach to accessibility from the get-go. Settlement agreements from ADA lawsuits often involve time-sensitive court mandates for the overhaul or redesign of websites. Retroactively implementing fixes in this way means diverting budget and resources away from existing projects, causing delays and overruns. By making accessibility a priority from the start, businesses can avoid operational disruptions further down the line. After all, testing and fixing accessibility issues during the design phase is far more efficient than addressing them post-launch.
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.
Significant Americans with Disabilities Act lawsuits in Michigan
The number of web accessibility lawsuits across America is on the rise, and Michigan is no exception to that. In fact, Michigan has been witness to several ADA lawsuits that have come about due to a lack of web accessibility. Here are just a couple notable cases, emphasizing the importance of ADA compliance.
Hilbert v. Atheneum Hotel Corporation
In the case of Hilbert v. Atheneum Hotel Corporation, which was filed in early 2024, the plaintiff, Laurel Hilbert, alleged that the corporation’s website was inaccessible to those with visual impairments. The case remains at large, and specific details of any settlement agreement have not yet been disclosed.
Powell and Hurtzel v. Michigan Secretary of State
In 2020, plaintiffs Michael Powell and Fred Wurtzell, both blind individuals, filed a lawsuit against Michigan Secretary of State Jocelyn Benson and Director of Elections Jonathan Brater. They alleged that the state’s online voter registration and absentee ballot systems were inaccessible to visually impaired users, violating the ADA and the Rehabilitation Act.
The case was settled in 2021, whereby the Michigan Department of State agreed to implement significant accessibility improvements to its online voting systems and make absentee ballots permanently available to all disabled Michigan voters. Among other things, this involves ensuring compatibility with screen readers and providing alternative ballot formats, such as large print ballots, to accommodate users with disabilities.
