By Peter M. Langdon
Increasingly, individuals are filing lawsuits alleging that a company’s website is not accessible for individuals with disabilities.
Typically, this will take the form of a blind individual filing a lawsuit because a business’ website is not compatible with the individual‘s screen reader. Under the Americans with Disabilities Act (“ADA”), businesses that maintain a website are generally required to ensure that disabled individuals, such as those who are blind, are able to navigate that website.
Liability could arise in the event that a disabled individual is unable to successfully navigate a company’s website. The law varies from state to state under this area of the ADA. For example, in some states, a company’s website is only subject to the ADA if the website is sufficiently connected with the company’s physical location. In other states, the ADA applies to a company’s website even though the company does not have a physical location in the state. Businesses should make certain they are aware of the law in the states in which they are operating. Additionally, a best practice is to always make certain your website is accessible and navigable for disabled individuals. This can be done by contacting a web service provider who is able to make sure the necessary structures are in place for disabled individuals to access and navigate your website.
If you have any questions regarding the ADA and its application to business websites you can contact our employment team or reach out to Peter Langdon at 402.392.1250 or by email at email@example.com.