ADA History
The American Disability Act has been one of the greatest pieces of legislation to ensure justice for those who are disabled, but simultaneously the source of some of the most vexatious litigation and legal abuse.
It was passed in 1990 and made discrimination on the bases of disability illegal. It not only required that public and private employers never discriminate against customers, vendors or employees with disabilities, but also required that they provide reasonable accommodations. Partially, it “imposed accessibility requirements on public accommodations.”.
This could be something as simple as allowing service animals to accompany the individual with disabilities, to requiring hotel pools have equipment allowing people with disabilities to enjoy the water.
Why It Matters
The issue with “professional plaintiffs” reached large scales soon after the law went into enforcement. While the ADA only calls for ‘injunctive relief’ as opposed to monetary relief (the court requiring a business to build a wheelchair ramp at their front, rather than the requirement plus damages) there were loopholes of sorts.
First off, the individual could recoup attorney fees. This created a class of attorneys who focused on ADA violations who become serial representation for many ADA court cases. If an individual with disabilities was an attorney themselves, then they could keep their representation fees. Further, if they sued in a state where there were private damages allowed, then the plaintiff would receive compensation. These states include Florida, Hawaii, Illinois, and California.
There is a growing trend of ADA lawsuits that focus on businesses with websites that make it impossible or require much extra effort to complete the same tasks if a person is disabled. Expendia.com and Hotels.com were some of the first to receive litigation on this matter.
This leaves the prospect of any business with a website that does not make it accessible to blind or partially blind users open to litigation. More specifically, there is specialized software called ‘screen readers’ used by persons with disabilities, and if the software and your website don’t play nicely, you could find yourself in a lawsuit.
The Website Lawsuit Weather Report
In the above chart, 2019’s numbers are estimated, as the full analysis of new federal litigation from ADA websites is still ongoing. However, you can see that there is a definite upward trend. California companies are the most likely to be sued, yet cases exist all over the US. This is especially true for the top industries defending website ADA litigation.
Retail & Shopping Sites.
If you sell anything online, you better work with a lawfirm of compliance expert, as this is the most likely industry to be sued.
Food service.
Menu accessibility, online ordering, menu item descriptions, these are all areas of vulnerability for businesses.
Travel & Hospitality.
•The ability to book experiences or travel services, pricing information, etc.,
•Banking & Finance.
•Entertainment & Leisure.
This includes a recent case where a man sued an online porn company for not including closed captions on the videos.
Yes, it might be frustrating. However, very few businesses can operate without a physical presence AND without a website.
The liabilities of being in the business jungle should not outweigh the rewards for hunting your treasures in this jungle. It’s a matter of knowing what your threats are and tooling up for them.
To arm yourself to avoid or defeat ADA website litigation, find an experienced business law firm or compliance expert to help you make sure your website is compatible.