The ADA Web Compliance Team provides expedited assessment, mitigation and remediation of
non-compliance exposure to ADA and W3C web content accessibility requirements.
Our Service Provides Peace of Mind
FIVE KEY FACTS 
YOU SHOULD KNOW!
Given the current legal discussions, it is no longer a question IF
website owners will be blindsided by a lawsuit, but WHEN!
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“…plaintiffs’ firms and disability rights advocates file claims over unlawful barriers and technical violations against even the most conscientious places of public accommodation.“
… the standard by which a court will judge whether a website is sufficiently accessible so
that it complies with Title III remains unsettled.“
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“Even in the absence of clear regulatory standards, the Department of Justice and private plaintiffs have embraced the position that websites should be accessible.“
“The Department of Justice, which enforces Title III, received 6,391 accessibility
complaints in fiscal year 2015 – a 40% increase over claims in the prior fiscal year.”
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“Dozens of lawsuits have also been filed in the past few months seeking to force
companies to modify their websites to conform to the WCAG 2.0 AA Guidelines
– alleging the company is violating Title III of the ADA.”
The Rehabilitation Act of 1973
The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs run by federal agencies; programs that receive federal financial assistance; in federal employment; and in the employment practices of federal contractors.
The Americans with Disabilities Act of 1990
The Americans with Disabilities Act is civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life.
The WC3 Web ContentAccessibility Guidelines – 2008
W3C & WCAG 2.0 AA are technical standards intended to provide a single, shared standard for web content accessibility that meets the needsof vision and hearing-impaired individuals, organizations and governments internationally.
The number of
“Website Accessibility Claims”
by Filing Mills are
Rapidly on the Rise!
The “Filing Mills” don’t care if you have ever done business with a visually impaired or blind person,
they are looking for websites that are not ADA Compliant as the qualifier for their law suits.
You can protect yourself best by being proactive and finding out the status your website.
Order Your Website Summary Today!
ADA Website Accessibility Warning
September 7, 2006 The Court ordered that a retailer may be sued if its website is inaccessible to the blind.National Federation of the Blind v. Target Corp.
“The intent of the court order was to certify that certain online retailers may be required to provide access to the disabled.”
September 2008 $6 million settlement reached. August 2009$3.73 million awarded in attorney fees & plaintiff’s costs.
Peter Strojnik, a lawyer in Phoenix, has sued more than 500 website owners since starting in February 2016, and says he will hit thousands more in the state and hire staff to begin out-of-state suits…“Violators must pay all legal fees” and courts ordinarily find violations. Source: The Economist
Source: Littler’s Leave of Absence and Disability Accommodations Practice Attorneys who specialize in Title III.Read their February 22, 2016 article here.
Litigation, and threatened litigation, surrounding website accessibility is on the rise!
- Champaign County, Illinois Settlement Agreement
- Cedar Rapids, Iowa Settlement Agreement
- Chaves County, New Mexico Settlement Agreement
- DeKalb, Illinois, Settlement Agreement
- Fallon, Nevada Settlement Agreement
- Galveston County, Texas Settlement Agreement
- Isle of Palms, South Carolina Settlement Agreement
- Lumpkin County, Georgia Settlement Agreement
- Madison County, New York Settlement Agreement
- Merced County, California Settlement Agreement
- Nueces County, Texas Settlement Agreement
- Orange County Clerk of Courts Agreement
- Parowan, Utah Settlement Agreement
- Pennington County, South Dakota Settlement Agreement
- Robeson County, North Carolina Settlement Agreement
- Ruidoso, New Mexico Settlement Agreement
- Vero Beach, Florida Settlement Agreement
- Yakima County, Washington Settlement Agreement
- Weight Watchers Settlement Agreement
- Scribd Ruling Denying Motion to Dismiss (PDF)
- National Basketball Association Complaint (PDF)Ohio Secretary of State Complaint (PDF)
- Reebok Class Action Complaint (PDF)
- Patagonia
- eHarmony Complaint (PDF)
- eHarmony – United States Courts Archive
- Beall’s Inc – United States Courts Archive
- Citizens Bank of Pennsylvania – United States Courts ArchiveFoot Locker, Inc. – United States Courts Archive
- GNC – United States Courts Archive
- Hobby Lobby Stores – United States Courts Archive
- Mattress Firm – United States Courts Archive
- Pep Boys – United States Courts Archive
- Pollo – United States Courts Archive
- Red Box – United States Courts Archive
- Red Roof Inns Complaint (PDF)
- Red Roof Inns, Inc. – United States Courts Archive
- Toys “R” Us Complaint (PDF)
- Toys “R” Us – United States Courts Archive
- Atlantic Cape Community College Consent Decree (PDF)
- Penn State Settlement
- University of Montana Settlement (PDF)
- Louisiana Tech Agreement
- University of Cincinnati Resolution Agreement (PDF)
- Youngstown State University Resolution Agreement (PDF)
- Florida State University Settlement (PDF)
- South Carolina Technical College System Resolution Agreement (PDF)
- University of Phoenix Settlement Agreement (PDF)
- California Community Colleges State Audit Report
- Complaint Against Miami University (PDF)
- Motion to Intervene: Miami University (PDF)
- McNeese State University Settlement Agreement
- Mesa Community College and Maricopa Community Lawsuit (PDF)
- Law School Admission Council Settlement Agreement
- National Museum of Crime and Punishment Settlement Agreement (PDF)
- EDX Settlement Agreement
Newseum - Hilton
- Target Settlement Agreement (PDF)
- Peapod Settlement Agreement
- H&R Block Consent Decree
- Complaint against GSA’s SAM.gov
- Olympic Games Lawsuit
- Charles Schwab Agreement
- Amazon Agreement
- Ramada.com and Priceline.com: New York State Attorney General Settlements
- American Cancer Society Agreement
- Disney Lawsuit
- Department of Transportation Nondiscrimination on the Basis of Disability Regulation (Web Sites)
- Bank of America Agreement
- Safeway Web Accessibility Settlement Agreement
- Major League Baseball Settlement Agreement (First Addendum)
- Rite Aid Web Accessibility Agreement
- Accessible Credit Reports Agreement
- Virtual Community School of Ohio Resolution Agreement (DOC)
- South Carolina Charter School District Resolution Agreement (DOC)
WHERE DO I BEGIN?
Take a Deep Breath!
Fortunately, Title III limits liability to injunctive relief and attorney’s fees for prevailing parties, and even foreclose W3C claims by eliminating barriers promptly or through a comprehensive remediation plan.
Mitigate Blindside Lawsuits!
Demonstrate good faith by establishing early proactive relationships with a website designer and legal counsel to assess and remediate potential W3C non-compliance to the extent practicable and readily achievable.
Stay Informed
and Be Alert!
The basic principles of self-monitoring and eliminating barriers through alterations and training hold true for all Title III claims, as well as continuing to monitor how the courts are dealing with W3C issues.
Order Your Summary Audit
and put us to work for you!
