The Legality of Website Accessibility – A11y

What is Website Accessibility?

Ensuring your website is accessible isn’t just about dodging legal pitfalls—it’s about embracing inclusivity, enhancing user experience, and tapping into a broader customer base. Let’s delve into the latest legal requirements, the surge in accessibility-related lawsuits, and the compelling business case for making your website accessible.

1 in 4 people could be leaving your website today because your website is not accommodating people with disabilities. The term accessibility covers a wide range of disabilities, including visual, auditory, physical, speech, cognitive, language, learning, and neurological disabilities. As you can imagine the international requirements for accessibility (WCAG 2.1) are very complicated for individual users to follow and this means a lot of websites are not compliant and this is a legal requirement, whether you are trading in the USA solely or in other countries.

“1 in 4 people could be leaving your website today because your website is not accommodating people with disabilities.”

“Business owners and some web developers are unaware they can be sued for a non accessible website.”

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Legal Landscape: ADA Compliance and WCAG Standards

In March 2022, the Department of Justice published guidance today on web accessibility and the Americans with Disabilities Act (ADA). It explains how state and local governments (entities covered by ADA Title II) and businesses open to the public (entities covered by ADA Title III) can make sure their websites are accessible to people with disabilities in line with the ADA’s requirements. DOJ Article update Web Accessibility- Jun 2022

In April 2024, the U.S. Department of Justice (DOJ) updated Title II of the Americans with Disabilities Act (ADA), mandating that state and local government websites and mobile applications adhere to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. ada.gov-2024-03-08-web-rule This also would include 3rd party vendors supporting local government.

While this rule specifically targets government entities, it signals a broader expectation for all websites to meet these accessibility standards. Non-compliance can lead to legal actions, financial penalties, and reputational harm. Dept. of Justice-final-rule-July 2024

Rising Tide of Accessibility Lawsuits

The number of ADA-related website accessibility lawsuits has been on the rise: These figures show Federal lawsuits while most cases are also filed at state courts with only the larger cases being moved to Federal, local State cases are not easily trackable as federal cases. Many businesses act before the courts get involved, 90% of businesses take action from a demand letter from a local lawyer.

2023: Over 8,200 lawsuits filed, with the majority in New York, Florida, and California.

ADA Title III.com 2023 lawsuits

2024 Mid-Year Report: 4,914 lawsuits filed in the first half of the year, with California retaking the top state in filings this year. Based on this trend we could see 8,500 cases being filed in 2024.

Federal-lawsuit-numbers from Seyfarth Shaw

Don’t be fooled to think these numbers do not include demand Letters and out of court settlements, around 90% businesses act before a lawsuit is raised, thus many never get reported due to the fear from large legal fees, time and reputation loss to a business.

This upward trend underscores the increasing scrutiny on digital accessibility and the legal risks of non-compliance.

What is WCAG and how does it affect the laws?

  • WCAG (Web Content Accessibility Guidelines) is a set of technical guidelines on how to produce web content to be more accessible to people with disabilities.
  • WCAG was created by World Wide Web Consortium (W3C) in 1994 by a group of accessibility and disability organizations including governments and industry workers. www.w3.org
  • Don’t be confused in thinking WCAG is the legal element for websites, the information provided is to be used on the best ways to create websites and web content accessible.
  • Their documents explain how to make websites and web content more accessible to people with disabilities.
  • The guidelines are not legally requirements, but these standards are adopted globally and fall into the legal requirements adopted by Europe, USA, Brazil and Canada as legal standards
  • There are 3 levels of conformance
    • Level A – covers the bare minimum of conformance
    • Level AA – the mid-range conformance (Standard level)
    • Level AAA – The highest level of conformance (Can not always be achieved)
  • Internationally Level AA is considered the legal standard is this level is used when making lawsuit claims where sites and content to not meet these standards. Judges and lawmakers look at this level as a basis for inclusion and making your business accessible.

Why should a business be compliant with accessibility A11y

When considering doing nothing about accessibility we know it’s not only going to be long before someone asks you about why your site is not accommodating to people with disabilities. Being a small business owner, I know it’s sometimes easier to avoid what appears to be complicated, expensive and may only affect a small part of the population.

The bottom line doing nothing is going to hurt you more than you realize. Here are some points to consider about having an accessible website.

  • In the USA over 1 in 4 adults live with a disability
  • On average people with disabilities spend over $480Bn each year online, more than any other adult group.
  • An accessible designed website allows all visitors to read and navigate easily when designed with WCAG guidelines.
  • Non-Disabled categories also prefer an accessible website for navigation, especially the retired sectors, those with tremors or failing eyesight like cataracts.
  • Not all disabilities are permanent.
  • Tax credits available for businesses with profits under $1 Million.
  • Website bounce rate impact – a recent study shows that nearly half of consumers run into unnecessary barriers when shopping for products and services, 2 out of 3 shopping carts are abandoned.
  • Reputation – negative if some leaves your site frustrated with the lack of accessibility or accommodations.
  • Positive reviews are generated within the disability community when met with a good service that was accommodating

Ready to make your website accessible and inclusive?

Connect with The Web Detective today or schedule a call through our website. Let’s work together to enhance your site’s accessibility, comply with legal standards, and reach a wider audience.

Common Questions About Accessibility

Many websites fail to meet accessibility standards, creating significant barriers for users with disabilities. Below are the top eight accessibility issues that often lead to legal action:

  1. Inadequate Color Contrast: Text with insufficient contrast makes reading difficult for visually impaired users. The minimum recommended contrast ratio is 4.5:1, meaning your text color should be at least 4.5 times darker or lighter than the background. Ensuring proper contrast improves readability and prevents accessibility complaints.
  2. Missing Alt Text: Images without descriptive alt text cannot be interpreted by screen readers, leaving visually impaired users in the dark. Alt text is also crucial for search engines to understand the content of your images, improving SEO performance.
  3. Non-Accessible Forms: Forms often lack proper labeling, making them challenging to navigate for users relying on screen readers. Fields without clear labels can confuse users, especially those with limited vision. Ensure every form field is labeled and keyboard navigable.
  4. Improper Page Titles and headings: A well-structured page with clear titles and subheadings improves readability and accessibility. Consistent and descriptive headings help users—and search engines—quickly understand the content’s structure. Avoid multiple Header 1 tags on a single page, as this confuses screen readers.
  5. Inconsistent Font Sizes – Using appropriate font sizes enhances readability. Avoid manipulating text size by misusing header tags, such as applying multiple Header 1 tags for styling. Header tags should convey hierarchy, not just appearance.
  6. Problematic Use of Colors – Do not rely solely on color to convey meaning. For example, using a green button to indicate “Go” excludes users with color blindness or those using screen readers. Always include text, such as the word “Go,” to accompany color cues.
  7. Lack of Video Accessibility – Videos without subtitles or audio descriptions exclude users who are deaf or hard of hearing. Avoid auto-playing videos, as they can disrupt the experience for users relying on assistive technologies.
  8. Distracting Animations – Flashing animations or fast-moving visuals can cause discomfort or even trigger seizures for users with epilepsy. Minimize or eliminate such elements to create a safer, more inclusive experience.

Addressing Accessibility Issues

By tackling these issues, you not only make your website more inclusive but also enhance the overall user experience for all visitors

The Business Case for Accessibility

Investing in website accessibility offers several benefits:

  • Expanded Audience: Approximately 20% of the global population lives with some form of disability. Making your website accessible ensures you’re not excluding this significant portion of potential customers.
  • Improved SEO: Accessible websites often achieve higher rankings in search engine results. Search engines favor sites that follow best practices, including alt text for images, proper page structure, and clear navigation.
  • Enhanced User Experience: Accessibility features benefit all users, not just those with disabilities. Clear navigation, readable fonts, and responsive design create a better experience for everyone.
  • Increased Revenue Potential: Accessibility opens your business to a larger customer base, potentially increasing sales and conversions. Studies have shown that inclusive websites lead to improved customer loyalty and repeat business.
  • Reputational Gains: Demonstrating a commitment to inclusivity builds trust and strengthens your brand reputation. Customers and partners are more likely to support businesses that value diversity and accessibility.
  • Legal and Financial Safeguards: By proactively addressing accessibility, you reduce the risk of costly lawsuits and fines, which can harm your business both financially and reputationally. In the USA the IRA offer Tax Credits to help with accessibility projects.

Ready to make your website accessible and inclusive?

Connect with The Web Detective today or schedule a call through our website. Together, we can enhance your site’s accessibility, comply with legal standards, and reach a broader audience.

Find out more by connecting with the Web Detective

Most businesses avoid this question or even start to make their site accessible because:

  • The complexity of knowing where to start making it accessible
  • What is the minimum level required to get by
  • Expensive costs
  • My business is small
  • My products or services are not designed for people with disabilities
  • I am not a brick-and-mortar business
  • I don’t have employees, or I have a small workforce

Busting the myths and the facts of website accessibility.

  • WCAG guidelines are extensive and yes unless you know about coding a website you will need someone to help you fix your site to be compliant.
  • Starting to change features for an accessible website really starts with the design and look and a lot of accessibility features can be addressed with design and applying some simple logic and consideration to your web traffic visitors.
  • Talk and connect with an accessibility specialist to understand where to start. Most offer free advice on how or where to get started. Connect with the WD. People working in this area advocate for inclusion for all and will share the correct route to take.
  • If a web developer suggests the solution is to add a free widget or plugin, be warned there is no free, easy solution to make a site 100% compliant. Many lawsuits are raised because these plugins offer limited options and sometimes hinder the users with a screen reader.
  • Only people with screen readers need to have a website accessible again a myth, although this group required additional coding to help navigate a website most lawsuits are raised on the basis that the free plugins are not screen reader compatible or the website is not readable or function to screen readers.
  • ADA law is only for users in USA, although these laws are for decimating for American users there are international laws that also can be considered
    • Section 508 of the Rehabilitations Act
    • EAA – European Accessibility Act
    • EN301549 – European Accessibility Standard for digital practices
    • ACA – Accessible Canda Act
    • IS 5568 – Isreal Standard
    • AODA – Canada Ontario
    • Stanca Act Compliance – Italian Law
    • Equality Act 2010 – UK Accessibility
    • BITV, BGG, and BFSG (starting 2025) Germany’s accessibility laws (penalties of up to €100,000 for non-compliance after June 2025)

Tips for Improving Your Website Accessibility.

Many websites fall short on accessibility, which can result in legal risks and missed opportunities to engage with a broader audience. Here are some actionable tips to get you started and help avoid potential fines. A common question we hear is: Can you make my website 100% accessible? The answer isn’t straightforward. Achieving 100% compliance is nearly impossible due to rapidly evolving technology and the diverse needs of users. However, the more compliance you achieve—and the more effort you can demonstrate—the stronger your position will be in the eyes of the law.

Using WCAG 2.2 Level AA as your standard is a great place to start. Every website is unique, and not all users have the same tools or needs. The goal is to accommodate as many users as possible while continuously working to improve accessibility.

Accessibility Tips to Enhance Your Website

  • User Friendly Navigation– Test your site’s ease of navigation. Ask friends or individuals less familiar with technology, like grandparents or retirees, to explore it. If they find tasks confusing or difficult to complete, it’s time to rethink your site’s navigation and user experience.
  • Easy to Read Content– Keep your content simple and clear—think 8th-grade reading level. Complex language can drive users away, regardless of whether they have disabilities.
  • Clear Page Titles and Headings – Use descriptive page titles and break content into sections with headings and subheadings. This improves readability and helps users quickly find what they’re looking for.
  • Functional Links -Test your site for broken links or vague link text. Links should clearly explain their purpose, such as “Learn more about our services” instead of “Click here.”
  • Accessible Text Fonts and Sizes – Avoid small fonts (e.g., 10pt) and hard-to-read script fonts. Stick to clean, legible fonts with sufficient size to improve readability for all users.
  • Accessible Videos – Ensure your videos include subtitles and avoid auto-playing them, which can be disruptive.
  • Minimize Distracting Animations – Flashing elements and animations might look appealing but can be distracting or even harmful to users with certain disabilities, such as epilepsy or ADHD.
  • Publish a Web Accessibility Statement – Share your commitment to accessibility by publishing a statement on your website. Be honest: outline what improvements you’ve made and what you’re working on. Note that a statement alone won’t shield you from liability if your site has significant accessibility issues, so focus on tangible improvements.

Get a free web audit today to discover how accessible your site is!

Let’s work together to improve your site’s inclusivity and reach.

Find out more by connecting with the Web Detective

In every industry, there are both ethical and unscrupulous representatives. Unfortunately, some lawyers actively target business owners with lawsuits over website accessibility issues. While addressing these concerns is essential, our goal is to make websites usable and inclusive for everyone—not just to avoid demand letters and lawsuits.

Your website is one of your most valuable digital assets. Ensuring it is accessible not only protects you legally but also enhances the experience for current and future clients. Below, we highlight common issues that are often cited in accessibility lawsuits. By addressing these, you improve both the usability and design of your site while demonstrating a commitment to accessibility.

Disclaimer– This is not legal advice. None of the content on our site should be taken as such. Please consult an attorney for the most up-to-date legal guidance on accessibility requirements.

  1. Missing Alt Text: Images on your site require descriptive alt text to inform visually impaired users about the content. Alt text ensures compatibility with screen readers and improves SEO by providing context for search engines.
  2. Unlabeled Form Fields: Form fields must include clear labels to indicate the required input data. For example, a form labeled “Name” might need separate fields for first name, middle name, and surname. Without proper labels, users with assistive technologies may struggle to complete forms correctly.
  3. Keyboard Navigation: Not all users rely on a mouse for navigation. Websites must be fully functional using only a keyboard, ensuring everyone can navigate menus, forms, and other features seamlessly.
  4. Poor Color contrasts: A common issue is gray text on a white background, which can be nearly impossible to read for users with visual impairments. Ensure your text meets a minimum contrast ratio of 4.5:1 to improve readability.
  5. Incompatibility with Screen Readers: Websites must be compatible with screen readers to provide auditory descriptions for visually impaired users. This includes properly coded elements and descriptive text for non-visual navigation.
  6. Unlabeled Buttons and Links: Every button and link should include clear labels that describe their function or destination. Generic labels like “Click Here” confuse users and are inaccessible for screen readers.
  7. Inability to Adjust Text Sizes: Websites should allow users to resize text without losing functionality or readability. This feature is crucial for users with visual impairments who require larger font sizes.

Why Address these issues?

By resolving these common problems, you not only make your site more inclusive but also:

  • Enhance User Experience: An accessible site improves usability for everyone, creating a seamless experience for all visitors.
  • Demonstrate Proactive Compliance: Addressing these areas shows you are actively working toward accessibility, which can strengthen your position if faced with legal action.
  • Protect Your Business Reputation: Accessibility demonstrates your commitment to inclusivity, building trust with customers and partners.
  • Increase Your Audience: Accessible sites cater to a broader range of users, including the 20% of the population living with disabilities.

Don’t wait for a demand letter to act!

Connect with The Web Detective today to ensure your site is accessible and user-friendly. Schedule a call through our website to take the first step toward an inclusive online presence.

Find out more by connecting with the Web Detective

The size of businesses is not the issue, non-accommodation is the issue.

Many small and medium-sized businesses mistakenly believe they are safe from ADA lawsuits. However, recent data reveals a startling truth: 77% of ADA lawsuits in 2023 targeted organizations with revenues under $25 million. This statistic highlights that no business is too small to face legal challenges related to accessibility.

In 2023 New York was the epicenter of lawsuits on small businesses for non-accessible websites.

NY Law firm raise 1100 lawsuits in a year

An Exponential Rise in Website Accessibility Lawsuits

It’s not just about avoiding lawsuits; it’s about fostering inclusivity for all users. An accessible website reflects your commitment to equality and allows you to reach a wider audience.

By prioritizing ADA compliance, you not only protect your business from potential legal issues but also enhance your brand’s reputation. Let us help you strengthen your website’s accessibility, ensuring it meets legal standards while embodying our shared values of excellence and inclusivity.

Don’t wait until it’s too late.

Contact us today to learn how we can assist you in making your digital presence welcome to everyone.

Find out more by connecting with the Web Detective

Virginia, VA

Virginia, VA

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Virginia Consumer Data Protection Act

Consumer Rights

Utah, UT

Utah, UT

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Utah Consumer Privacy Ac

Consumer Rights

Texas, TX

Texas, TX

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Texas Data Privacy and Security Act

Consumer Rights

Tennessee, TN

Tennessee, TN

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Tennessee Information Protection Act

Consumer Rights

Rhode Island, RI

Colorado, CO

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Rhode Island Data Transparency and Privacy Protection Act

Consumer Rights

Oregon, OR

Oregon, OR

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Oregon Consumer Privacy Act

Consumer Rights

New Jersey, NJ

New Jersey, NJ

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

New Jersey Privacy Act

Consumer Rights

New Hampshire, NH

New Hampshire, NH

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

New Hampshire Privacy Act

Consumer Rights

Nebraska, NE

Colorado, CO

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Nebraska Data Privacy Ac

Consumer Rights

Montana, MT

Montana, MT

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Montana Consumer Data Privacy Act

Consumer Rights

Minnesota, MN

Colorado, CO

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Minnesota Consumer Data Privacy Act

Consumer Rights

Maryland, MD

Maryland, MD

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Maryland Online Data Privacy Act

Consumer Rights

Kentucky, KY

Kentucky, KY

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Kentucky Consumer Data Protection Act

Consumer Rights

Iowa, IA

Iowa, IA

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Iowa Consumer Data Protection Act

Consumer Rights

Indiana, IN

Indiana, IN

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Indiana Consumer Data Protection Act

Consumer Rights

Florida, FL

Florida, FL

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Florida Privacy Act

Consumer Rights

Delaware, DE

Delaware, DE

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Delaware Personal Data Privacy Act

Consumer Rights

Connecticut, CO

Connecticut, CO

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Connecticut Data Privacy Act

Consumer Rights

Colorado, CO

Colorado, CO

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Colorado Privacy Act

Consumer Rights

California, CA

California, CA

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

California Consumer Privacy Act

Consumer Rights

Some common enquiries used to help prove your online identity.

  • Google Search Results
  • Knowledge Panels found in search results
  • Website presence
  • Website reported as spam
  • Social Media presence
  • Search Engine Visibility
  • Reviews or lack of reviews
  • Online Reputation
  • Branding and Marketing messaging
  • Your online identity

A Fact You Wouldn't Believe

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

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