WEBSITES
HELP! I’m Being Sued Because of My Company’s Website!
Is your website ADA compliant? Can you be sure? BY CURTIS O’SHAUGHNESSY, VP—Commercial Lines, Leavitt Group and TARYN GRAY-DELAHUNTY, VP Digital Marketing, Newman Grace
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his cry for help is one we are hearing much too often these days, and more often than not, from a victim of a plaintiff’s lawyer looking for an easy payday. From restaurants, retail stores, art galleries, and banks, it seems no company is off limits from legal action over failure to meet ADA compliance standards. According to the Wall Street Journal, “The number of website-access lawsuits filed in federal court reached 2,250 in 2018, almost three times the 814 filed in 2017.” https://www.wsj.com/articles/lawsuits-surge-over-websites-access-for-the-blind-11550415600
So what is this all about? Complaints usually detail the problems visually impaired individuals have when using the “screen reader” tools that will help them read the website aloud. The American Disabilities Act prohibits discrimination against the disabled in all places of public accommodation, but doesn’t explicitly say websites. In fact, the ADA was passed in 1990, before the “commercial” internet even began. Despite this, courts around the nation have interpreted the ADA to include websites connected to a physical business. The cost of these claims can be significant. Companies face legal fees in responding to the demand or lawsuit, the cost of updating their website to be ADA compliant, occasionally
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liabilities for the claimant’s attorney fees, and finally the cost of settling the case. One national retailer settled a suit for $6 million, but on average, cases are coming in around $20,000 or less in attorney fees and costs, plus an agreement to improve websites within two years. Companies often purchase an employment practices liability policy to protect them from discrimination, sexual harassment, or wrongful termination suits, but this will not protect them from cases of discrimination from non-employees.
What’s the best way to avoid being the next company hit with a lawsuit? Conduct a compliance and preven-
tion audit of your organization and create a plan for website accessibility. Speak to your employment counsel to understand how these rules apply to your business. Consider purchasing an employment practices liability policy with third party coverage. While the cost of making your website ADA compliant would not be covered, your defense expenses, plaintiff fees, and settlements generally are covered.
What are some ways I can begin to make my website ADA compliant? Now that you’re prepared should someone come after you with a lawsuit, here are some steps you can take to begin to bring your site up to ADA compliance. • Install a plugin or that works to help make your site ADA friendly. For example, Wordpress plugins such as Userway, WP Accessibility, WP Accessibility Helper can work as readers, assist with navigation, change the visuals to be high contrast, and/or make text larger and
