August 21, 2019
Website accessibility lawsuits (i.e., lawsuits alleging discrimination on the basis that websites contain access barriers that limit navigation for disabled people) increased 177% percent from 2017 to 2018 alone. These website accessibility lawsuits have been brought under Title III of the Americans with Disabilities Act (“ADA”), which prohibits discrimination on the basis of a disability “in the full and equal enjoyment of the goods [and] services . . . of any place of public accommodation.” The Department of Justice (“DOJ”) has recently affirmed its position that websites are places of public accommodation. On the litigation front, there is a split of opinion among federal courts as to whether a website alone (i.e., one not connected to a brick-and-mortar store) is a place of public accommodation. Notwithstanding the foregoing, regardless of where a company is located, all entities with an online presence should build/review their websites with an eye directed towards ADA compliance.
Why has the number of website accessibility lawsuits increased so exponentially? [Read More]