The Americans with Disabilities Act (ADA) is a pivotal law protecting the rights of individuals with disabilities, ensuring equal access to employment, public services, and digital platforms. In Texas specifically, where around 12% of the population lives with a disability, compliance is not only a legal necessity, but a business imperative. After all, failing to comply can bring about more than just lawsuits; it can lead to lost customers and severe reputational damage too. Want to know more about the ADA and whether or not it applies to you? Let’s explore further.
The role of the Americans with Disabilities Act in Texas
Enacted in 1990, the Americans with Disabilities Act (ADA) is a federal law designed to eliminate discrimination against individuals with disabilities. It has broad applications, from physical accessibility (think ramps and elevators) to digital accessibility on websites and mobile applications.
In Texas, the ADA holds particular weight due to the state’s vast and diverse population. With major metropolitan areas like Houston and Dallas acting as hubs for innovation and commerce, businesses in Texas often end up serving a wide audience, which includes individuals with disabilities. Compliance with the ADA helps build a society in which these individuals can participate fully, with equal access to jobs, public services, products, etc.
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 businesses do the Texas ADA guidelines apply to?
If adhered to, ADA guidelines provide a whole host of legal, financial, and ethical benefits. For that reason, it is generally recommended that all businesses follow ADA guidelines, regardless of whether they are legally required to or not.
With that said, the ADA does apply to most organizations. Here’s a breakdown:
- Public accommodations: Texan businesses that are open to the public, such as restaurants, hotels, theaters, retail stores, and medical offices, must comply with ADA standards.
- Employers: Companies in Texas with 15 or more employees must provide reasonable accommodations for employees with disabilities, such as modified workspaces or flexible schedules.
- Digital platforms: Websites and mobile applications, especially those linked to public services or e-commerce, must be accessible under ADA guidelines.
- Government agencies: All state and local government agencies in Texas must comply with the ADA guidelines. This includes complying with WCAG 2.1 level AA.
Small businesses and start-ups in Texas may believe these regulations don’t apply to them, but even companies with fewer than 15 employees are required to follow ADA principles if they are considered public accommodations. And even if not, adhering to ADA guidance is both a sign of good ethics and a safeguard against potential lawsuits.
Strategies to become ADA compliant in Texas
Ensuring ADA compliance might seem overwhelming at first, and with good reason: it covers broad ground, with many requirements and few exceptions. But with a few key strategies in place, compliance with the ADA’s digital aspects becomes much simpler.
Accessibility testing
Accessibility testing is the cornerstone of ADA compliance. You need to test your site to know where improvements can be made, so that you can begin making strides toward compliance.
Modern automated testing tools, such as Recite Me’s accessibility checker, provide quick and thorough scans of your website according to the necessary ADA requirements. They can tell you which aspects of your website are compliant, which are not, and what you can do to improve things.
It is important to mix automated testing methods with manual testing methods for more comprehensive testing. Manual methods typically involve a web developer or accessibility expert trawling through your site in search of nuanced accessibility issues, which automated methods might overlook.
You might even opt for user testing, where existing disabled users are given the opportunity to browse your site and provide constructive feedback on its accessibility. This is the true test of accessibility, as it picks up issues that both automated and manual methods might miss.
Following WCAG best practices
The next step in the process is to action the results of your audit. Once you’ve identified elements that need improvement, consult the Web Content Accessibility Guidelines (WCAG). These are a set of internationally-recognized standards that provide specific guidance on how to make online content accessible.
Each aspect of web accessibility has its own criteria. Take color contrast, for example. Texas website owners are expected to maintain a minimum color contrast ratio of 4.5:1 for normal text if they are to comply with the ADA’s stipulations. In this way, WCAG acts as a roadmap for web accessibility.
The ADA explicitly mandates compliance with WCAG 2.1 level AA for state and local governments. So for these organizations, following WCAG best practices is essential. It’s highly recommended that all private organizations meet this requirement too if they want to avoid potential ADA lawsuits and better serve their customers.
Consequences of not complying with ADA standards in Texas state
Failing to comply with the ADA is failing to make your website accessible. Besides legal penalties, inaccessibility can ignite a domino effect of negative business consequences, which we will unpack in this section. Businesses in Texas need to be aware of these consequences if they are to fully understand the risks of non-compliance.
Financial Penalties
Individuals can file an ADA web lawsuit against non-compliant businesses, potentially resulting in hefty fines and settlements. For example, penalties for first-time violations can reach $75,000, with higher fines for repeat offenders.
Damage to Reputation
If a lawsuit is filed, negative publicity is almost certain to follow, regardless of the outcome. In a competitive market, where consumers are increasingly making ethical purchasing decisions, this can erode customer trust and loyalty.
Loss of Business Opportunities
Inaccessible websites or services can also deter potential customers, especially in some Texan cities like Austin and San Antonio. As these cities have increasingly tech-savvy consumers that expect seamless digital experiences. This, combined with Texas’ significant disabled population, makes for a huge pool of impacted customers.
When the sales revenue lost from deterring potential customers is combined with that lost as a result of customer churn, it can add up to be a rather significant sum of money. The impact on your bottom line can hinder any future growth and, therefore, the long-term success of your business.
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.
Notable Americans with Disabilities Act lawsuits in Texas
Texas has witnessed several high-profile ADA lawsuits, highlighting the risks of non-compliance. Let’s examine a couple of the most notable examples from recent history.
Upton County, TX Election Website Accessibility
In the Upton County, TX Election Website Accessibility case, the U.S. Department of Justice alleged that the county’s election website failed to comply with the ADA, making critical voting information inaccessible to individuals with low vision and manual disabilities. The lawsuit highlighted barriers faced by users relying on screen readers and other assistive technologies.
As part of the resolution, Upton County agreed to update its election website to meet accessibility standards, ensuring equal access to election-related materials. The county also committed to continuous monitoring of its digital content and training staff to maintain ADA compliance. This case emphasizes the importance of digital accessibility in enabling inclusive participation in the democratic process.
U.S. v. Spanish Schoolhouse
In the case of U.S. v. Spanish Schoolhouse, LLC, a Texas-based preschool chain, faced allegations of ADA violations for failing to accommodate a child with disabilities. The lawsuit, filed by the U.S. Department of Justice, claimed that the school unlawfully excluded the child due to their disability, violating Title III of the ADA, which prohibits discrimination in places of public accommodation.
The settlement required the school to allow the child to enroll at any of its facilities. It also required that the school compensate the parents $5,000 for any damages caused and that they implement a comprehensive ADA policy, as well as train staff on ADA compliance.
This case highlights the importance of ensuring inclusive practices within businesses, as well as digital and physical accessibility. It serves as a reminder for organizations to proactively address barriers and prevent discriminatory policies.
U.S. v. Knox County, Texas
In the U.S. v. Knox County, Texas case, the U.S. Department of Justice alleged that the county violated Title II of the ADA by failing to ensure its public facilities were accessible to individuals with disabilities. The settlement agreement resolved a complaint from a deaf individual that Knox County failed to provide effective communication and a sign-language interpreter during a marriage ceremony performed by the County.
As part of the settlement, Knox County agreed to post a notice on their website which outlines their responsibilities under the ADA, among other things. The agreement also mandates that the county establish procedures for working with vendors who can provide sign language interpreters, real-time transcription services, braille materials, and other necessary accommodations. Additionally, the county must create and implement a training program to educate its employees on the requirements of the Americans with Disabilities Act.
The case underscores the ADA’s mandate that public entities provide equal access to government services and facilities, reminding municipalities of the critical need for proactive compliance with ADA if they are to avoid damaging legal consequences.
