Lawsuits Against Website Owners for ADA Non-Compliance

What happens if you do not comply with the law?

In recent years, lawsuits against website owners for ADA non-compliance have been on the rise. It’s crucial to understand the legal implications of failing to meet accessibility standards. This article explores the consequences and penalties faced by organizations that do not comply with the law.

If you have not heard from the U.S. Department of Education’s Office for Civil Rights (OCR), chances are increasing that you will. The OCR is increasing the number of investigations to ensure school districts are complying with their legal obligation under Title III of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, both outline the requirements  to avoid discrimination against individuals with disabilities. As many as 350 investigations have been performed by the OCR along with many individuals and disability advocacy groups are filing legal demand letters and lawsuits against educational institutions. Most of these have reached successful settlements. Source: LegalNewsLine.com.

Landmark Settlements 

Noel Nightingale, a blind parent Co-Plaintiff, the National Federation of the Blind sued Seattle Public Schools. Nightingale notified the school district in 2012 that its websites were not compatible with the screen reader which reads aloud website content and documents or displayed in braille on another device. The incompatibility was due to changes that had been made on the website in 2012. 

In 2014, Nightingale sued the district and a settlement was reached. The school board estimated it will cost them approximately $665,000-$815,000 to implement the needed changes, attorney fees, accessibility coordinator and training of staff. Source: SettleTimes.com.

This was a landmark settlement agreement in that NFB President Mark Riccobono said he intends the settlement agreement to “serve as a model for the nation and should put school districts on notice that we can no longer wait to have equal education for blind students and to have access to information, use of school services, and full participation in school activities by blind faculty, personnel, and parents.”

In 2016, many lawsuits were filed by individuals and supported by the NFB and Justice Department.

Ms. Dudley, of Miami University in Oxford, Ohio sued the University for discrimination stating the website did not work with her screen reader. In its separate agreement with Ms. Dudley, the University denied liability but agreed to pay Dudley $108,000 for expenses toward an undergraduate degree at another university. Miami University also agreed to pay Dudley $102,000 for pain and suffering and repay up to $50,000 for student loans. Source: Seattle Times.