Get A Free ADA Compliance Audit Of Your Website
Download NowYou’ve probably heard of the Americans with Disabilities Act (ADA), but does it apply to your website? With all the legal jargon surrounding ADA compliance these days, finding a straightforward answer can be tricky. To make matters worse, the ADA has only recently started to acknowledge digital accessibility, leaving over 1.1 billion websites unsure of where they stand. But don’t worry, we’ve got you covered. In this article, we’ll explain exactly how the ADA impacts your website, carve out a path to compliance, and highlight the risks of neglecting it, all in plain English.
Which websites must comply with the ADA compliance standards?
The ADA is a civil rights law designed to prevent discrimination against individuals with disabilities. It’s divided into five sections, or titles, each covering different areas of public life. When it comes to websites, we need to set our sights on Title III.
Title III of the ADA covers public accommodations, traditionally physical spaces like restaurants and stores. However, courts now often consider websites offering goods and services as public accommodations, requiring compliance.
So, does that mean every website must comply with the ADA? Nearly, but not quite. Title III of the ADA applies to:
- Any website that offers products or services online.
- All public sector websites, such as government agencies.
As you can see, the ADA applies broadly; whether you’re a small boutique shop or an ecommerce giant, as long as your website serves the public, you need to meet ADA standards. There are, however, a few exemptions, including private clubs, religious organizations, and intranet sites not intended for public use.
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How to ensure websites comply with Americans with Disabilities Act
So, the chances are your website falls under the ADA’s remit. But don’t worry, the good news is that compliance is relatively straightforward, thanks to something called the Web Content Accessibility Guidelines (WCAG).
The WCAG is a set of internationally recognized guidelines and recommendations for making digital content accessible. It’s the gold standard of web accessibility, if you will. While not in itself legally binding, laws like the ADA often rely on the WCAG to help enforce their requirements. In other words, if you adhere to all of the WCAG best practices, you can ensure compliance with the digital aspects of ADA’s Title III.
What does this look like in practical terms? Well, the WCAG issues specific standards covering everything from image alt text and video captions to semantic HTML and markup text. There are also multiple levels of WCAG compliance (level A, AA, and AAA) where each subsequent level represents an increase in compliance standards and rigor.
Level AA is widely considered the benchmark most organizations should aim for, as it balances accessibility with practicality. If you want to comply with the ADA, focus on WCAG 2.1 Level AA standards. Anything less than that, and you risk facing lawsuits.
The risks for required websites failing to comply with ADA
In recent years, ADA lawsuits have skyrocketed. In 2023 alone, there were over 4,000 ADA lawsuits filed in federal court in the U.S. These lawsuits often result in serious legal and business consequences. In this section, we’ll break down a few of them for you.
Reputational damage
It is not uncommon for ADA-related lawsuits to make headlines, especially in a consumer market that increasingly values corporate social responsibility. Once word gets out on social media and other platforms, reputational damage is almost impossible to avoid. Not only might it drive away existing customers, but it also might deter prospects from doing business with you in the future.
Costly lawsuits
Businesses that fail to comply with the ADA can be sued for discrimination. These lawsuits are typically brought about by disabled individuals affected by inaccessibility or lobbyist groups acting on their behalf. Settlements and legal fees can escalate quickly, first time violations can reach up to $75,000 with subsequent violations reaching amounts of $150,000.
Loss of customers
If your website isn’t accessible, you’re turning away potential customers. Considering that 1 in 4 American adults have a disability, this could mean significant revenue loss.
Forced website overhaul
If your website is found to be non-compliant, you may be required to redesign it entirely under a legal settlement agreement. Retroactive fixes like this can be costly and time-consuming compared to proactive compliance. Often they are time-restricted and involve undoing existing design components.
Why it’s a good idea to follow ADA requirements anyway
Even if your website isn’t legally required to comply with ADA standards, making your website accessible is still a smart business move. Why? Because it future-proofs your business against ever-changing accessibility regulations.
Investing in accessibility also opens your doors to disabled customers who might not otherwise have been able to access your website’s products and services. As a result, you’re able to extend your reach, tapping into underserved markets and growing your customer base as a result.
At the same time, you become known as an inclusive and accessible organization. Customers appreciate companies that prioritize accessibility, and this can set you apart from your competitors.
But beyond all the business benefits of accessibility remains the fact that it is simply the right thing to do. It grants equal access to a historically marginalized group of people and sends a strong message that everyone deserves the same opportunities to engage with the digital world.
Using ADA audits as a means to identify non-compliance
Conducting an ADA compliance audit is the most optimal first step to take. After all, how can you fix a problem without knowing what the problem is?
There are three main types of audits:
- Automated audit: Software tools, like an accessibility checker, quickly and efficiently scan your website for WCAG failures.
- Manual audit: Generally conducted by accessibility experts who check usability elements like keyboard navigation, color contrast, and alt text.
- User testing: Involves gathering constructive feedback from real users with disabilities to uncover the most subtle of accessibility barriers.
For the most comprehensive ADA audit, a combination of all three methods should be used. This will help root out common WCAG failures as well as any hidden accessibility challenges.
Get a free automated ADA compliance audit of your website. This audit will highlight compliance violations and provide the recommendations needed to meet ADA compliance standards.
Most common ADA compliance violations on websites and how to fix them
Many websites unknowingly violate ADA standards. In fact, one WebAIM study found that out of one million website home pages assessed, approximately 96% of them had one or more WCAG failures. To avoid being part of this trend, we’ve outlined some of the most common ADA violations and how to correct them.
Videos without captions
Missing video captions are another common ADA violation. Captions not only help users with hearing impairments follow along, but they’re beneficial to those watching in particularly quiet or noisy environments, too. Provide closed captions and transcripts for all video content, ensuring the captions are accurate and in sync with the video’s visuals.
Missing image alt text
Alt text describes the contents of an image and is embedded inside said image so that it can be read aloud by screen readers. Without alt text descriptions, users with visual impairments miss out on crucial visual content. To fix this, simply add alt text to the HTML for each image on your website. Ensure the descriptions are informative but free of jargon and not overwhelming.
Lack of keyboard navigation
Users with motor impairments rely on the Tab key and other keyboard functions to browse websites. Therefore, without a properly structured Tab order and seamless navigation, they might struggle to access the information, products, or services they need.
Unclear link text
Generic link text like ‘click here’ provides little context for website visitors, particularly those users who depend on screen readers. Instead, opt for more descriptive link text like “Read our pricing guide”, which alludes to the destination of the link.
Poor color contrast
If the contrast between text and its background is not sufficient, it can be difficult to read for anyone, but particularly those with visual impairments. Opt for high-contrast color options like black and white or dark blue and light gray. Then, use a color contrast checker tool to ensure that your website elements display a minimum contrast ratio of 4.5:1, as required by WCAG 2.1 AA standards.
Forms without labels
All form fields should be labelled clearly and correctly. Not only is this imperative for compatibility with assistive technologies, but it makes the form filling process easier for other users, including those with cognitive impairments. If incorrect information is provided, make sure that error messages are clearly visible and provide sufficient information for the user to correct their mistakes.
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.
