When a website is inaccessible, it prevents disabled individuals from purchasing products or engaging with services. And in a state like Ohio, where approximately 36% of the population have a disability, this could spell disaster for your organization. But before you consider the financial fallout from such a major missed sales opportunity, we should mention that web accessibility, under the Americans with Disabilities Act (ADA), is a matter of legal compliance too.
Failing to comply can lead to hefty ADA lawsuit fines and a cascade of costly litigation that is just as financially damaging. Needless to say, compliance with the ADA is non-negotiable. In this guide, we walk you through everything you need to know to get there. Ohio businesses, pay attention.
What is the Americans with Disabilities Act (ADA)?
The Americans with Disabilities Act (ADA) is a landmark piece of legislation signed into law in 1990. Its primary purpose is to prohibit discrimination against individuals with disabilities in all areas of public life, including employment, education, transportation, and access to public and private spaces.
The ADA can be divided into five titles, each one addressing a specific area of accessibility. Here’s an overview.
- Title I: Employment – Ensures equal employment opportunities for individuals with disabilities and requires reasonable accommodations in the workplace.
- Title II: Public Services – Prohibits disability discrimination by state and local governments and mandates accessible public programs.
- Title III: Public Accommodations – Requires organizations that serve the public to ensure their facilities and services are accessible.
- Title IV: Telecommunications – Mandates accessible telecommunications services for individuals with hearing or speech impairments.
- Title V: Miscellaneous Provisions – Covers various provisions, including protections against retaliation.
Initially, the ADA focused on physical accessibility. However, since the rapid rise of the internet, Title III of the ADA has now been widely interpreted to include digital accessibility, a development crucial for today’s online-driven economy. This interpretation has led to numerous lawsuits against businesses that fail to meet digital accessibility standards. As well as installing wheelchair ramps and handrails in restrooms, companies across states like Ohio are now expected to ensure their online content is accessible too.
In Ohio, state laws like the Ohio Revised Code Chapter 4112 support the aims of the ADA by prohibiting unlawful discriminatory practices in a range of different contexts. Together, these laws reinforce the importance of ADA compliance for Ohio businesses.
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.
Which organizations do Ohio ADA standards apply to?
In Ohio, ADA standards cover a lot of ground, but not all businesses are subject to the same requirements. By analyzing the ADA’s titles in more depth, we can figure out exactly what applies to whom.
- Businesses with 15 or more employees – Under Title I, these small businesses must ensure that qualified individuals with disabilities are not discriminated against in job applications, hiring, firing, promotions, training, benefits, etc.
- Public accommodations – Under Title III, any business that provides a product or service to the general public, including websites and digital platforms, must ensure equal access to that product or service, or provide reasonable accommodations.
- State and local government entities – Under Title II of the ADA, public entities must ensure their services, programs, and buildings are accessible.
As you can see, the above criteria are extensive. There are only a small number of organizations which do not fall under the ADA’s remit. However, even for these organizations, adhering to accessibility principles is a smart business move, and highly recommended. Although ADA compliance may not be federally mandated for these organizations, it acts as a safeguard against future compliance issues.
Biggest causes of website ADA non-compliance in Ohio and how to fix them
Understanding the most common reasons why websites fail to comply with the ADA is important. It helps you get to grips with the ADA’s expectations and equips you with the knowledge to identify and resolve common accessibility issues.
Empty links
All links should be embedded into text which describes the link destination. Links that are embedded in text reading “click here”, for example, lack context and can therefore confuse screen reader users. Avoid vague terms and instead opt for link text that explains where the link leads, such as “download the annual report for 2024”.
Lack of image alt text
Image alt text describes visual content in words so that screen readers can relay this information to its user. This enables visually impaired users to perceive images that they would not have otherwise been able to. Without alt text descriptions, website images become inaccessible, and thus a sticking point for ADA compliance.
Missing form labels
Form labels describe input fields like name, email, or phone number, allowing screen readers to identify their purpose. Missing labels make completing forms nearly impossible for those with cognitive disabilities or those who rely on assistive technologies, like screen readers, for assistance. It turns the task of form filling into complete and utter guesswork for the respondent. To resolve this issue, add clear, programmatically associated labels to every form field using the “<label>” tag in HTML, then test the form’s usability with screen readers and disabled users.
Inaccessible multimedia content
Multimedia content like videos and audio files are often overlooked when it comes to accessibility. Videos which lack captions, for example, make it difficult for users with hearing impairments to access vital information. So, to ensure your multimedia content is truly accessible, add accurate captions to all videos, provide accompanying transcripts, and include audio descriptions of crucial visual elements.
Poor color contrast
Low contrast between text and background makes reading difficult for everyone, but especially visually impaired users. According to the Web Content Accessibility Guidelines (WCAG), website content should possess a minimum color contrast ratio of 4.5:1 for normal-sized text. This includes classic color combinations like dark blue and light gray, or black and white.
What are the risks of not complying with Ohio ADA laws
Neglecting accessibility in favor of saving time or money is a risky approach. Ohio-based organizations who fail to meet the ADA’s requirements can expect to face some serious consequences, beyond just legal penalties. This section unpacks the risks of ADA non-compliance in a bit more detail.
Penalties and fines
Federal penalties for first-time ADA violations can be anywhere in the range of $55,000 to $75,000. For subsequent violations, this figure can rise quickly to $150,000. Fines of this magnitude are likely to have a lasting impact on any business, delivering a huge blow to existing project budgets, and upending future plans.
Legal expenses
Fines are not the only cost to consider when it comes to ADA non-compliance. Getting involved in a lawsuit can be an expensive process, with attorney fees, court expenses, and settlement costs soon mounting up. Too often, these costs slip under the radar, resulting in unexpected payments which can reach amounts in the tens of thousands.
Operational disruptions
Non-compliance with the ADA can lead to a lawsuit. Often, these lawsuits result in settlements which force inaccessible organizations to make substantial changes, such as overhauling aspects of your website’s design. These adjustments can be far more expensive than if you had addressed accessibility proactively. Retroactively implementing changes, especially under the time constraints of a settlement, might even lead to temporary closures or delays in your operations.
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. Those who value inclusivity may take their business elsewhere, often to competitors who demonstrate a greater commitment to accessibility.
Even potential partners may shy away from future collaboration with you, for risk of their own brand’s reputation being dragged through the mud. A tarnished reputation can ultimately take years to rebuild; once public perceptions are set, they are very difficult to change.
Reduced customer base
In Ohio, approximately 36% of adults have a disability. This represents an enormous market segment, with huge potential for increased sales, all of which are at risk of being lost unless ADA requirements are met.
If an Ohio-based ecommerce store, for example, fails to provide appropriate keyboard navigability, shoppers with motor impairments are excluded from buying their products or services. And once word gets out, you will likely lose business from their friends and families too. Aggregate these sales figures across several ADA failures, and the impact on potential revenue seems rather damning.
The importance of continuous accessibility testing for ADA compliance in Ohio
When it comes to making your website compliant, accessibility testing for ADA is your most reliable tool. It turns guesswork into informed decision-making, giving you visibility over the impact of your accessibility strategies.
First, use automated tools, such as an accessibility checker, which conduct rapid scans of your website’s code, flagging any major accessibility issues. Then, if time and resources allow, combine this with manual and user testing. Manual testing involves accessibility experts testing your site’s operability, whereas user testing collects feedback from a group of existing disabled internet users based on their lived experience.
Using a combination of all three methods in succession of one another provides the most comprehensive results. From automated testing to manual testing, the results become increasingly granular in their detail, each one picking up on nuances that the one before may have overlooked.
So, how often do you need to audit your site? Well, that depends. Website content frequently changes, with updates and design adjustments being a regular part of maintaining and improving a website. Any one of these changes risks introducing a new accessibility issue or ADA failure. No matter how well versed your web designers are in following WCAG best practices, there is always the risk of human error.
At the very least, comprehensive audits should be conducted after every significant content adjustment or web design change. The same applies to any regulation update. However, you don’t need the threat of a major change to audit your site. Conducting audits once a month, regardless of content changes, is also good practice; it gives you peace of mind, helps maintain ADA compliance, and embeds a culture of regular auditing into your standard business practices.
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 Ohio
Ohio has been the site of several high-profile lawsuits in the recent past, highlighting the importance of ADA compliance. Below, we explore two significant lawsuits, examining their implications and the actions taken to address accessibility shortcomings.
Youngstown State University
In this case, The U.S. Department of Education’s Office for Civil Rights found that Youngstown State University’s website was inaccessible, violating Section 504 of the Rehabilitation Act and Title II of the ADA. The case resulted in the university agreeing to make its website fully accessible to people with disabilities and to use third-party consulting in identifying and fixing accessibility flaws.
The U.S. Department of Justice v. Miami University (Oxford)
In the case of the U.S. DOJ v. Miami University in Oxford, it was alleged that the university used technologies that were inaccessible to those with disabilities, violating the ADA.
As part of the settlement, the university agreed to make significant improvements to ensure that technologies across all its campuses are accessible to individuals with disabilities. This included ensuring that web content and learning management systems conform with WCAG 2.0 AA standards. Additionally, Miami University agreed to pay $25,000 to compensate individuals with disabilities, as well as develop accessibility plans for every disabled student.
