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

Incubator Program Offers Resources for Entrepreneurs

The Ennovation Center, an Independence incubator program for entrepreneurs, opened in 2010 and has been serving small business owners ever since. The Ennovation Center is located in what was previously the Independence Regional Medical Center, allowing it the unique capability of housing a wet-lab and five fully equipped kitchens in addition to group work spaces, conference rooms and private offices. The Ennovation Center focuses on three business areas: bio-tech, culinary, and business & technology.

Since 2013, Lee Langerock, Executive Director, has headed the Ennovation Center. Langerock said what really drove her to the Ennovation Center was, “the opportunity to work on a micro level to support emerging companies and to help introduce entrepreneurship to the community.”

The bio-tech and business & technology companies benefit most from the wet-lab. The wet-lab has a multitude of diverse resources for the equipment needs of biotech entrepreneurs, including: incubator ovens, an Autoclave and a centralized deionized water system. “We have biological incubators inside our incubator,” said Xander Winkel, Program & Design Coordinator, speaking about the unique equipment that the Ennovation Center has to offer biotech startups. There is also a Subzero freezer available, which can replicate extreme temperatures. “Biotech companies use it for product stability,” said Winkel. The freezer is also used by manufacturers to test products, such as electronics, in extreme temperatures.

Perhaps the most distinctive aspect of the Ennovation Center is its ability to accommodate food innovators. The program currently has 50 entrepreneurial clients, including 39 food based entrepreneurs. In the majority of states, health departments require that all food products for sale be prepared in an approved commercial kitchen. 

Some of the more valuable resources available in the kitchen, according to Langerock, are the people themselves. “[The entrepreneurs] really know their stuff and are willing to share their knowledge,” said Langerock. “The knowledge and experience that you can gain by being able to work and communicate with each other is very valuable,” continued Langerock. “Here, we work to develop networks, friendships and supportive services to give them the very best chance of success.”

The best advice Winkel offers for entrepreneurs that want to get into the food business is to, “get market feedback, not just feedback from friends and family. Ask yourself, ‘is this food product meeting a desire in the market place?’” The best way to test your food product is to start small, Winkel continued. “Get out there with your minimal viable product or a limited product line. Get as much data and constructive feedback as you can get.”

The ability to work closely with other entrepreneurs can help program participants overcome the employee mentality. “The transition from employee to being a CEO is a very different mentality,” said Winkel, “so having the resources and different brains to help you figure out how to scale up and take the next steps in your business are helpful.”

For more information on the incubator program visit the Ennovation Center.