The Case For ADA Compliance

There is a lot of hype, panic, and general scrambling over compliance under the Americans with Disabilities Act (ADA). Most of the reason for the unrest is the focus on the dramatic increase in ADA lawsuits, and the outcomes are favoring the plaintiff. However, did you know when your organization is ADA compliant, you have opened the door for millions of Americans to access your goods, services, and information?

judge banging gavel in the court room
judge banging gavel in the court room

Organizations are Fighting ADA Lawsuits and Learning a Tough Lesson

In the most recent case, Robles v. Domino’s Pizza, Domino’s was sued and found liable for being non-compliant with ADA laws. The non-compliance was because their website and app were not accessible for people with vision impairments.

In June 2019, Domino’s fought the ruling by taking the case to the Supreme Court. Domino’s cites it could not be sued because the only laws for digital compliance were not designed for businesses other than those receiving federal funding, per Section 508 of the Rehabilitation Act.

The Supreme Court disagreed with this argument and deemed that the ADA laws provide equal access for people with disabilities. Mr. Robles proved that he was denied access, thus paving the way for many more Americans with disabilities to sue for their right to equality.

Why Are Businesses Settling ADA Complaints Rather Than Fighting?

Statue of lady justice holding up her scales and sword
Statue of lady justice holding up her scales and sword

A Look at the Intention of the Laws

Why were websites and digital documents left out of the ADA? Because the ADA went into effect long before computers were a staple in most households. However, the law made it clear that equal access to goods, services, and communication were the heart of the ADA. Courts are seeing it that way as well.

Does Digital Compliance Supersede the need for Braille, Audio, and Large Print?

Beware, Not All Compliance Companies are the Same

Often, organizations are not aware that they violate the ADA. This is because they have trusted another company to design and manage their digital presence, or they only adhere to WCAG and overlook the other part of the Effective Communication requirements, like braille, large print, and audio. It is essential to select a reputable organization that didn’t stumble upon ADA compliance when it became a trend. Also, it is vital to make sure that your company is ADA compliant in all areas, not just digital. Learn how to make your organization legal by consulting with a longtime partner in ADA accessibility.

You Don’t Know What You Don’t Know

The ADA lawsuits filed in 2018 total over ten-thousand. California, New York, and Florida have the highest number of lawsuits filed against businesses. With the increase in lawsuits and case law, the time is NOW for complete ADA compliance.

Photograph of the US Supreme Court building
Photograph of the US Supreme Court building

Closing Statements

This post was written by Christine Sket.

Originally published at https://brailleworks.com on December 12, 2019.

Providing ADA compliant materials for your customers. Braille, Large Print, Audio & Accessible PDF Services. https://brailleworks.com/

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