The ADA defines a covered disability as a physical or mental impairment that substantially limits one or more major life activities, a history of having such an impairment, or being regarded as having such an impairment. The Equal Employment Opportunity Commission (EEOC) was charged with interpreting the 1990 law with regard to discrimination in employment. The EEOC developed regulations limiting an individual's impairment to one that "severely or significantly restricts" a major life activity. The ADAAA directed the EEOC to amend its regulations and replace "severely or significantly" with "substantially limits", a more lenient standard.
The need to make websites, mobile apps, and other online properties accessible to all is only going to increase as time moves on. Smart business owners will do well to get in front of this issue and make sure that their websites are ADA compliant now so that all their customers have the equal access to the resources they offer. Not just because they want to avoid a lawsuit or government action, but because it’s the right thing to do.
People with disabilities may use a number of special tools to interact with websites such as: screen readers, speech recognition software, touch screen devices, captioning devices (for video content), Braille, screen magnifiers, alternative keyboard devices, and head pointers. It is important to make sure your website complies with standards that make it possible for those with diverse disabilities to successfully interact with your website.
ADA disabilities include both mental and physical medical conditions. A condition does not need to be severe or permanent to be a disability. Equal Employment Opportunity Commission regulations provide a list of conditions that should easily be concluded to be disabilities: deafness, blindness, an intellectual disability (formerly termed mental retardation), partially or completely missing limbs or mobility impairments requiring the use of a wheelchair, autism, cancer, cerebral palsy, diabetes, epilepsy, Human Immunodeficiency Virus (HIV) infection, multiple sclerosis, muscular dystrophy, major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive compulsive disorder, and schizophrenia. Other mental or physical health conditions also may be disabilities, depending on what the individual's symptoms would be in the absence of "mitigating measures" (medication, therapy, assistive devices, or other means of restoring function), during an "active episode" of the condition (if the condition is episodic).
The ADA guidelines are often updated so that businesses can better understand how various disabilities can affect the way that people will interact with websites and digital content. The guidelines also explain why certain barriers can prevent disabled individuals from using or even accessing a website. With these goals in mind, it is important to note that organizations need to review the guidelines on a yearly basis. New technologies, such as Artificial Intelligence10, are being used to help people with disabilities get the most out of the digital world. If organizations fail to read the latest ADA guidelines, then they will soon discover that their approach to web accessibility is outdated, and they might be in violation of digital accessibility laws.
However, in states that have enacted laws that allow private individuals to win monetary awards from non-compliant businesses (as of 2008, these include California, Florida, Hawaii, and Illinois), "professional plaintiffs" are typically found. At least one of these plaintiffs in California has been barred by courts from filing lawsuits unless he receives prior court permission. Through the end of fiscal year 1998, 86% of the 106,988 ADA charges filed with and resolved by the Equal Employment Opportunity Commission, were either dropped or investigated and dismissed by EEOC but not without imposing opportunity costs and legal fees on employers.
Nice Article! It is very important to work under guidelines if you don’t want to get sued and don’t want to pay the penalties. But more importantly it is better to give each user hassle free user experience over your website. Being ADA Compliant means your website works well for people with disabilities and they can easily access and navigate your website.
An example is Patagonia Works, Inc. which had a complaint for a permanent injunction filed against it in the United States District Court stating, Under Section 302(b)(1) of Title III of the ADA, it is unlawful discrimination to deny individuals with disabilities an opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages or accommodations, which is equal to the opportunities afforded to other individuals. 42 U.S.C. 12182 (b)(1)(A)(ii). Below is a summary of what the lawyers asked the court for.
DOJ’s September 25 response did not do what the members asked, but it did provide some helpful guidance and invited Congress to take legislative action to address the exploding website accessibility litigation landscape. DOJ first said it was “evaluating whether promulgating specific web accessibility standards through regulations is necessary and appropriate to ensure compliance with the ADA.” (This is helpful – to at least know this issue has not fallen totally off DOJ’s radar.) It continued:
Prohibited discrimination may include, among other things, firing or refusing to hire someone based on a real or perceived disability, segregation, and harassment based on a disability. Covered entities are also required to provide reasonable accommodations to job applicants and employees with disabilities. A reasonable accommodation is a change in the way things are typically done that the person needs because of a disability, and can include, among other things, special equipment that allows the person to perform the job, scheduling changes, and changes to the way work assignments are chosen or communicated. An employer is not required to provide an accommodation that would involve undue hardship (significant difficulty or expense), and the individual who receives the accommodation must still perform the essential functions of the job and meet the normal performance requirements. An employee or applicant who currently engages in the illegal use of drugs is not considered qualified when a covered entity takes adverse action based on such use.
Access Now v. Southwest Airlines was a case where the District Court decided that the website of Southwest Airlines was not in violation of the Americans with Disabilities Act, because the ADA is concerned with things with a physical existence and thus cannot be applied to cyberspace. Judge Patricia A. Seitz found that the "virtual ticket counter" of the website was a virtual construct, and hence not a "public place of accommodation." As such, "To expand the ADA to cover 'virtual' spaces would be to create new rights without well-defined standards."