Earlier this spring, the United States Department of Justice (“DOJ”) released new guidance regarding website and application (“app”) accessibility under the Americans with Disabilities Act (“ADA”). Though the ADA itself does not explicitly include language regarding website or app accessibility, the DOJ has stated that websites that provide products or services to the public are “places of public accommodation” and are covered under the ADA.
Department of Justice Statements Regarding Website and Application Compliance
Businesses open to the public are considered places of public accommodation, and must provide full and equal enjoyment of their goods, services, facilities, privileges, advantages, or accommodations to people with disabilities under the ADA. DOJ and many federal courts have determined that this requirement includes not only a business’s “brick and mortar” store or facility but also its website and/or apps. DOJ’s guidance explicitly states that a business’s online presence must be compliant under the ADA, if it uses its website or app to market or sell products or services to the public.
What does an ADA Compliant Website Look Like?
An ADA compliant website can take many different forms, since people with disabilities use a variety of assistive software or other tools to navigate websites and apps. People who are blind may use screen readers. People who are hard of hearing may use captioning. People whose disabilities affect their ability to grasp and use a mouse may use verbal recognition software to control their computers and other devices with verbal commands. The key is to be compatible with these different types of assistive software.
