In my earlier post, I talked about the increasing number of web-related lawsuits being filed under the ADA, the potential costs associated with litigation and other reasons why retailers should be concerned about the accessibility of their web and mobile content. Concerned with mitigating their risk, our retail clients typically want to know what set of technical requirements they need to meet to conform to the ADA, specifically the Title III public accommodations requirements.
While no published regulations currently exist defining technical conformance, a variety of retail companies have been sued for the inaccessibility of their websites under the ADA. Level Access advises retail clients to begin addressing accessibility proactively in order to get ahead of the DoJ’s long-anticipated regulations for website accessibility. Based on the DoJ’s recent consent decrees on websites and in its statements in the ANPRM, it appears likely the department will set regulations consistent with the Web Content Accessibility Guidelines (WCAG) 2.0, Level AA. Notable recent settlements and consent decrees, including several with the DoJ enforcement division, have utilized WCAG 2.0 Level AA as the technical standard for accessibility. This lines up with other Federal rulemaking in the U.S. and International regulatory activities all of which point to the WCAG 2.0 AA requirements as the default standards for digital accessibility.
In next week’s installment of this series for retailers, I’ll share recommended steps to begin addressing accessibility, including a three-phase roadmap for a digital accessibility initiative.
Want to Learn More?
Access the resources from our free, on-demand webinar:
Presented by Tim Springer (CEO of Level Access) and Minh Vu (Partner, Seyfarth Shaw LLP), the webinar will explore the current requirements, expected changes, recent lawsuits and settlements, and outline a phased approach to mitigating legal risk, enhancing users experience, and monitoring ongoing compliance.