Why You Are Putting Your Company at Risk if Your Website is Not ADA Compliant

In today's digital age, maintaining an online presence is crucial for businesses of all sizes. One thing that is often overlooked by businesses is responsibility of ensuring that its website is accessible to all users, including those with disabilities. The Americans with Disabilities Act (ADA) mandates websites include certain accessibility features for people with disabilities. Failing to comply with these requirements may alienate a significant portion of the population and  expose your business to legal risks.

What is ADA Compliance?

The ADA was enacted to prevent discrimination against individuals with disabilities in all areas of public life. While the ADA does not explicitly mention websites, courts have interpreted its provisions to apply to the digital space. This means that websites need to be designed and coded in a way that allows people with disabilities to use them effectively.

What is Required for ADA Compliance for Websites?

To ensure your website is ADA compliant, consider the following guidelines:

1.      Keyboard Accessibility. You should ensure that all functionalities are accessible via a keyboard. Many users with disabilities rely on keyboard navigation rather than with a mouse.

2.      Text Alternatives. You should provide text alternatives for non-text content, such as images, to ensure that users with visual impairments can understand the content using screen readers.

3.      Time-Based Media. You should offer alternatives for time-based media, such as captions for videos, to accommodate users with hearing impairments.

4.      Navigation and Input.  You should make it easy for users to navigate and find content on your website. This includes having a straightforward and logical layout, clear headings, and consistent navigation options.

5.      Readability. You should make sure text is readable and understandable. This involves using a text color that stands out from the background, providing resizable text, and avoiding small font sizes.

Do Most Web Hosts or Platforms Include ADA Compliance?

Many popular web hosting services and website-building platforms, such as Squarespace, offer tools and features designed to help ensure ADA compliance. However, the level of functionality and support they offer can vary widely and you should research your website platform’s features for guidance. Some platforms, like WordPress, Wix, and Squarespace, provide built-in accessibility tools and plugins that help website owners create more accessible content.

Many platforms offer ADA-compliant templates and themes, which are designed to meet accessibility standards out of the box. For more advanced compliance needs, there are third-party plugins and services available that can further enhance a website’s accessibility. For highly customized websites or specific accessibility needs, it may still be necessary to involve web developers who specialize in ADA compliance.

While these tools and features can significantly ease the process of creating an accessible website, it remains the responsibility of the website owner to ensure full compliance with ADA standards. It is also advisable to conduct regular updates and audits to your website to ensure that it remains compliant if guidelines change.

What Are the Risks of Non-Compliance?

The risks of not having an ADA-compliant website range from alienating a significant segment of your customer base to possible legal liabilities. In recent years, there has been a surge in lawsuits filed against businesses for failing to provide accessible features on their websites. These lawsuits are often initiated by individuals with disabilities who are unable to access the website's content, as well as by opportunistic law firms.

Individuals with disabilities, such as those who are blind or visually impaired, often rely on screen readers and other assistive technologies to access website content. When a website is not designed with accessibility in mind, it can be challenging or even impossible for these individuals to navigate and use the site effectively. As a result, some individuals, supported by advocacy groups or legal professionals, file lawsuits to enforce their rights under the ADA.

Steps to Achieve Compliance

1.      Conduct an Audit. Regularly audit your website to identify and address accessibility issues. This can be done through automated tools and manual testing by individuals with disabilities.

2.      Implement Accessibility Features. Make changes to your website based on the audit results. This may include updating your website's code, adding text alternatives, and ensuring keyboard accessibility.

3.      Train Your Team. Educate your web developers, designers, and content creators about ADA compliance to ensure ongoing accessibility in all new content and updates.

4.      Consult with Experts. Consider consulting with accessibility experts or legal professionals specializing in ADA compliance to guide you through the process.

The Bottom Line

Making sure your website is ADA compliant is not just a legal obligation but a business necessity. Providing an accessible online experience allows you to reach a broader audience and avoid the potential of legal action from individuals with disabilities and opportunistic law firms. Taking proactive steps now can save your business from significant legal and financial troubles in the future.

For more information on ADA compliance and how to protect your business, feel free to contact our firm. Our team of experienced legal professionals is here to help you navigate the complexities of ADA requirements and ensure your website meets all necessary standards.

DISCLAIMER: The choice of a lawyer is an important decision and should not be based solely upon advertising

The FTC Has Officially Banned Noncompetes Nationwide

 On Tuesday, April 23rd, 2024, The Federal Trade Commission announced they were issuing a final rule banning noncompetes nationwide. The ruling comes over a year after the FTC initially announced they were considering the ban.

Reasons Behind the Ruling

According to FTC chair, Lina M. Khan, “Noncompete clauses keep wages low, suppress new ideas, and rob the American economy of dynamism, including from the more than 8,500 new startups that would be created a year once noncompetes are banned.” 

Essentially, the FTC determined that these sorts of clauses are generally exploitative and tend to only provide a benefit to employers while putting undo restrictions and burdens on employees. The FTC cited examples such as employees being required to relocate to a new area or take a position in a lower paying field as evidence of the types of issues employees subject to a noncompete face.

These agreements currently affect around 18% of the U.S workforce, and the FTC anticipates that removing these restrictions could lead to a 2.7% growth in new business formations, as well as estimated earnings increases of around $524 per year for workers. Additionally, they anticipate that there will be lower health care costs as a result.

What Does this Mean for Businesses?

Under this ruling, all existing noncompetes become “essentially unenforceable,” with companies being banned from entering new noncompetes. The exception to this rule is that existing noncompete agreements with senior executives can remain in effect.

Additionally, it’s important to note that the wording of this ruling only applies to agreements between workers and employers. This means that noncompete agreements between a buyer and seller of a business entity are exempt from this ruling as well.

One important thing to note is that businesses concerned about keeping information from competitors can still use trade secret laws and non-disclosure agreements to keep this information from competitors.

Given that many employees who are subject to a noncompete clause are typically also subject to an NDA there should be comparatively little impact on business operations or trade secrets despite the ruling.

The final thing to note is that the ruling will go into effect 120 days after publication in the federal registrar.

What You may Need to do

As mentioned above, the FTC is attempting to ensure that this ruling is easy to comply with. According to their announcement, employers merely have to notify their employees that they will no longer be enforcing noncompetes against them. If you are a business owner that needs to do this, their announcement provides model language that you can use.

There are no other required steps as far as the ruling goes, but you may want to ensure that any employees that are privy to sensitive proprietary information have an NDA in place, and that you remain up to date with all trade secret laws that may apply to ensure that your company’s assets are protected.

If you need assistance with any aspect of this ruling Seck & Associates can help with our 15+ years of helping entrepreneurs navigate changes such as these.* Have questions? Please do not hesitate to reach out today.

* The choice of a lawyer is an important decision and should not be based solely upon advertisements

* Correction: The original post was missing the link attribution to the original announcement.

Navigating the Corporate Transparency Act

Introduction 

The United States has recently taken a significant step towards combating financial crimes by enacting the Corporate Transparency Act (CTA). Passed as part of the National Defense Authorization Act, the CTA requires companies to disclose their beneficial ownership information. This new legislation aims to make it harder to conceal illicit activity via corporate anonymity, thereby better safeguarding the U.S. financial system as a whole.

What is the Corporate Transparency Act? 

The CTA requires certain U.S. limited liability companies, corporations, and other entities to provide the Financial Crimes Enforcement Network (FinCEN) with detailed information about their beneficial owners or anyone who owns or controls at least 25% of the ownership interests of the entity.

Who Has to Report?

Any entity that is a corporation, a limited liability company, or is created by filing a document with a Secretary of State or similar office under the law of a state or Indian tribe and that does not qualify for an exemption.

Access to the fee-free reporting system became available on January 1, 2024. Companies that existes before that date will have one year to file an initial report with FinCEN. Any company formed after that date will have 90 days to file an initial report. 

For any US domestic company, the individual responsible for filing the report is the same individual who filed the companies original formation documents.

What is a FinCEN identifier?

Thsi is a unique number issued by FinCEN to individuals and reporting companies who apply for one by providing all the information that otherwise has to be included in the initial report. A reporting company may use this FinCEN identifier number in lieu of providing each piece of identifying information.

Businesses Implications

For businesses, the CTA introduces another set of compliance requirements.

Companies must make sure their information is up-to-date and accurately reported to the FinCEN. For those falling under the purview of the CTA, they must disclose the name, date of birth, address, and a unique identifying number (such as a passport number) for each beneficial owner. Failing to do so could result in stringent penalties against the offending entity. While the filings themselves can be tedious, the information required also has implications for privacy, as the collected information will be accessible by law enforcement agencies and, in certain cases, by financial institutions conducting due diligence.

If you would like help filing this report or would prefer that we file the report for your company please reach out to us at sseck@seckassociates.com. We are happy to discuss your FinCEN reporting needs or any other potential business needs you may have.