Don’t Wait for a Lawsuit to Do the Right Thing: Accessibility on the Web
In a world where 1 in 5 Americans lives with a disability, can businesses truly afford to leave anyone behind?
Designing for accessibility isn’t just a legal obligation—it’s a moral imperative. With over 700 lawsuits filed in 2023 against businesses for failing to meet the Americans with Disabilities Act (ADA) digital standards, it’s clear that the stakes are higher than ever. 25% of these lawsuits were against companies that had already faced legal challenges in the past, affirming an unfortunate trend: some businesses wait for litigation before making positive improvements.
To their credit, building in accessible features can feel like a daunting task for companies that are just starting out. President Bush signed the ADA into law in 1990, but today, amid a digitally driven America, it has wildly expanded implications - and sometimes, lines get blurry. Many companies are left wondering: Where do we begin?
Digital accessibility lawsuits are a relatively recent phenomenon. In March of 2014 the Department of Justice intervened in a lawsuit involving the National Federation of the Blind and H&R Block, alleging that the company’s website and mobile app were inaccessible to individuals with visual, hearing, and physical disabilities. Filed in Massachusetts, the lawsuit led to a consent decree where H&R Block agreed to resolve the accessibility issues and pay $100,000 in damages.
[Photo by Andrea Piacquadio at Pexels.com]
This case was the first instance of the DOJ stepping in on a digital accessibility lawsuit, and they ultimately ruled that since H&R Block had the resources to create accessible digital content, neglecting to offer it was legally considered to be discrimination. Since then, thousands of similar cases have sprung up across the U.S. with a common thread running between all: modern businesses are largely failing to meeting their clients’ accessibility needs.
The consequences of neglecting accessibility go beyond legal repercussions. They can damage a brand’s reputation and alienate a significant portion of the customer base. For the sake of all concerned, we view accessibility as a fundamental part of the design process, rather than a checkbox to be ticked off after the fact.
So where do we begin? Let’s start with better, accessible UX design. It’s time for all online businesses to embrace accessibility as an integral part of their strategy. The legal landscape surrounding digital accessibility is shifting, and waiting for litigation is not a viable strategy. Creating accessible digital environments is not just about avoiding lawsuits; it’s about doing what’s right. Everyone deserves equal access to the digital world, and it is the responsibility of every designer and digitally-enabled business owner to champion this effort.
