The Legal Risks of Ignoring Web Accessibility Standards

Introduction

Web accessibility is no longer just a best practice—it’s a legal requirement. Ignoring accessibility standards like the Americans with Disabilities Act (ADA) and the Web Content Accessibility Guidelines (WCAG) can expose your business to significant legal risks. In this article, we’ll explore the potential consequences of non-compliance and why accessibility should be a priority for every organization.

Understanding the Legal Framework

The legal landscape for web accessibility is shaped by laws and guidelines that aim to ensure equal access for individuals with disabilities:

 
• Americans with Disabilities Act (ADA): Requires businesses to provide accessible digital spaces, treating websites as public accommodations.
 
• Section 508 of the Rehabilitation Act: Mandates federal agencies and organizations receiving federal funding to make electronic and information technology accessible.
 
• WCAG Standards: While not a law, WCAG is often referenced in lawsuits and legal settlements as the benchmark for accessibility compliance.

Legal Consequences of Non-Compliance

Failing to meet accessibility standards can lead to a variety of legal challenges, including:

1. ADA Lawsuits

The number of ADA-related website accessibility lawsuits has risen dramatically in recent years. Businesses of all sizes, from small startups to large corporations, have faced legal action for failing to provide accessible websites.

 
• High-Profile Cases: Cases like Robles v. Domino’s Pizza have reinforced the application of the ADA to websites.
 
• Financial Penalties: Settlements and judgments often result in significant fines and legal fees.

2. Class-Action Lawsuits

Non-compliance can also lead to class-action lawsuits, where multiple plaintiffs join together to hold businesses accountable. These cases can result in hefty settlements and widespread reputational damage.

3. Government Enforcement

Federal agencies, such as the Department of Justice (DOJ), have enforced accessibility standards against organizations failing to comply with laws like the ADA and Section 508.

Costs Beyond Legal Penalties

Ignoring web accessibility standards doesn’t just carry legal risks—it can also harm your business in other ways:

 
• Reputational Damage: Publicized lawsuits can tarnish your brand image, making it harder to attract and retain customers.
 
• Lost Revenue: By excluding individuals with disabilities, you miss out on a significant customer base.
 
• Operational Disruption: Lawsuits and compliance remediation can divert resources away from core business activities.

How to Protect Your Business

To avoid legal risks and foster inclusivity, take proactive steps to ensure your website meets accessibility standards:

 
1. Conduct a Comprehensive Audit: Use tools like Wave, Axe, or Lighthouse to identify accessibility issues on your website.
 
2. Implement WCAG 2.1 Guidelines: Focus on achieving at least Level AA compliance to meet most legal and practical accessibility requirements.
 
3. Engage Accessibility Experts: Work with professionals to develop a plan for achieving and maintaining compliance.
 
4. Train Your Team: Educate your staff on accessibility best practices to ensure long-term compliance.
 
5. Regularly Test and Update: Accessibility is an ongoing process—schedule regular reviews to address new challenges and technologies.

The Bottom Line

Ignoring web accessibility standards is a legal and ethical misstep that can result in lawsuits, financial losses, and damage to your reputation. By prioritizing accessibility, you not only protect your business but also create a more inclusive and welcoming digital space for all users. Don’t wait for a lawsuit to make accessibility a priority—take action now to safeguard your business and serve your audience effectively.