Web accessibility has been a buzzword in tech for a long time, but it's still a very new concept. For a lot of people, accessibility is a new idea, and most businesses get to find out about it through lawsuits. At a time, it seemed hard to believe that your business could face a lawsuit just because of the lack of accessibility of your web content. Yet, there is a constant increase in lawsuits, with cases increasing by 184% only between the years 2017 and 2018. These lawsuits hinge on two guidelines/laws - the Americans with Disabilities Act (ADA) Tittle III and the Web Content Accessibility Guidelines. (WCAG 2.1)
What Is Web Accessibility?
Web accessibility is simply designing your digital content, tools, and environment - including websites and apps, to make them easy to use for people with disabilities. Accessible websites and apps easily allow users to interact, perceive and navigate through information online. It covers disabilities that can create barriers to surfing the web, such as speech, visual, auditory, and physical disabilities.
The benefits of accessibility are not only limited to people with disabilities. Users without disabilities also benefit, including:
- Aging users
- People with a temporary disability like broken limbs or lost glasses
- People with a situational disability like bright light etc
What Makes Web Accessibility Important?
To no small extent, the pandemic pushed the boundaries of our society and community, which made the internet an indispensable part of our lives, from retail to healthcare, education, and government. These are essential services everyone, including people with disabilities, must have easy access to. Since the web has the power to bring us together and provide everyone with equal opportunity and information, accessibility should be an integral part.
The consequences of not tending to web accessibility cannot be stated enough. Along with the costly settlements and legal fees and fixing up your website or app, there's also the loss of trust and reputation. Ecommerce businesses especially need to pay attention to accessibility as they always have to make sure all users (including disabled users) have the best experience on the digital platforms.
Why Are There Many Lawsuits?
Concerning web accessibility, the lawsuit culture has grown over the years and will only continue to grow. Mostly because there are no formal government standards available for private businesses to ensure ADA compliance. Although guidelines were created by a consortium of web innovators known as the Web Content Accessibility Guidelines (WCAG). Government websites follow the guidelines, but most private websites don't.
Also, it's a concern that there are not a lot of skilled developers trained in web accessibility, which only means more non-compliance websites.
How to Avoid Web Accessibility Lawsuits
Ignoring web accessibility in your business is no longer an option. How do you keep your business from being a target for web accessibility lawsuits?
The only way to prevent a lawsuit is to plan and design for accessibility. The priority and foundation of your website should be an inclusive design. Such lawsuits have especially hit eCommerce businesses hard.
Any business with a website needs to hire an accessibility professional with the knowledge of accessibility laws and trained in WCAG guidelines application. Although, not many people specialize in accessibility tools or services. Another solution would be to use accessibility tools like accessiBe to make your website accessible with AI, if you didn’t built it to be accessible to begin with.
Most importantly, you need to remediate your digital platforms to ADA/WCAG 2.1 compliance, including criteria to make your apps mobile-friendly and more accessible. If you can, make accessibility a priority in the early phase of your design.
If you've never had an accessibility statement/notice on your website, you need to publish one and make the page itself accessible. Highlight your commitment to web accessibility and provide a way you can be contacted should anyone need your assistance navigating your website. Have a professional vendor audit your website or even contract blind users to test out your site.
For eCommerce businesses, poor accessibility won't cut it. Online shoppers today are more discerning and conscious. You need to make your eCommerce stores more inclusive or lose potential sales and risk an ADA Title III lawsuit filed against your business.
Bottom Line
Accessibility lawsuits are plaguing businesses of all sizes, and it will only increase. You're susceptible to cases if your business fails to comply with the ADA, and the costs add up quickly. So if you haven't gotten a claim already, it's best to get proactive. However, beyond the legal consequences, you may lose out on business if you fail to provide accessibility to disabled users. Moreso, search engines easily crawl and index your site, boosting your rankings, and putting your website in front of more people.