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You Can Now be Sued for Having an Inaccessible Website

12/2/2019

Have you been putting your website’s accessibility on the backburner? Not a good idea. 

Type, browse, click: surfing the web is a breeze for most of us and quite enjoyable. Who doesn’t like being able to pay their electric bill or order takeout online within seconds? Most of us are taking action digitally every day and probably don’t even notice it. But for people with a disability, navigating through a website can be pretty tricky. Doing simple things like shopping online or reading an article becomes much more difficult, and sometimes even impossible. A blind man named Guillermo Robles proved this to be true when he attempted to place an order on Domino Pizza’s website and failed, resulting in no pizza and a lawsuit. 

What Does Pizza Have to do With Accessibility?

Robles used "Job Access With Speech" (JAWS), a Microsoft Windows program that reads website content using alt text while on the Domino’s website. However, he couldn’t place his order because the website did not have alt text at the time. Robles went the extra mile and tried to use his cellphone to order pizza on the Domino’s app using iPhone’s VoiceOver program. But since the buttons in the app did not have labels, Robles was still not able to place his order. Ouch. 

Robles then sued the pizza chain for having an inaccessible website and app. The 9th U.S. Circuit Court that presided over the case ruled in favor of Robles, according to Techspot. Domino’s appealed the federal court’s ruling with the Supreme Court, but the justices denied the petition. This means the initial ruling still stands and Domino’s will have to fight the case in trial court.

So why should this mishap matter to the world of web developers and digital marketers? The court’s ruling marks a resounding new precedent: businesses can and will be held legally liable for not having an accessible website. Although this isn’t the first ADA case regarding a website, it’s the most high profile and opens the floodgates for more. Don’t say we didn’t warn you.

Accessibility Guidelines Are Still Murky

To make matters worse, there aren’t any federal standards for website accessibility in the United States. This is super frustrating for businesses that were hoping for some clarity from the Domino’s case. All we know for now is Title III of the Americans with Disabilities Act applies to not only physical businesses but websites too. This is because they are considered a “public space” that must offer accommodations for all people, including the disabled.

So there are requirements for accessibility, but no clear guide on how to meet the requirements. Pretty confusing, right? Thankfully, there are resources and tips you can use to make sure your website’s accessibility is as strong as possible.

How to Boost Your Website’s Accessibility

Even though there aren’t any legal guidelines, many organizations provide great resources on improving your website’s accessibility. W3C Web Accessibility Initiative (WAI) is an organization that has developed accessibility guidelines that are used across the globe. WAI also has several resources for understanding and improving accessibility which are all available on its website. Web Accessibility Perspectives: Explore the Impact and Benefits for Everyone is an insightful series of videos that explain the impact accessibility has on people with disabilities and the benefits of having an accessible website. It’s time to read up and start taking accessibility seriously. 

Run an Accessibility Audit on Your Website

Get a pulse on your website’s accessibility by using Google’s Lighthouse. You don’t have to be a web developer to use this handy tool. Lighthouse can be installed as an extension in your web browser and crawls each web page, checking for any accessibility red flags. Lighthouse will tell you exactly what elements need to be improved and will give you a comprehensive score ranging from 0-100. Did we mention it’s free?

Common Issues

Once you have a better grasp on accessibility and its importance, you can work with your web developer to start optimizing your website. Here are some common issues to look into: 

  • ARIA labeling and Alt text

  • Text contrast ratios

  • Making sure your site can be used with a screen reader

  • Making sure your site can be used without a mouse

  • No flashing elements

  • Meaningful link text

Not sure where to start?

If you don’t have an in-house web developer, all hope is not lost. Our experienced team has just what it takes to optimize not only your website’s accessibility but performance and SEO too. If you’d like to bring your website to the next level, get in touch with us.

Bottom Line

When it comes to web design, many of us are so wrapped up in the appearance and using the latest and greatest trends that we forget the basics: accessibility and functionality. After all, what good is a website if everyone can’t use it? It’s time to get serious about accessibility. Not just so you can avoid getting sued, but to ensure all people, regardless of disability, are getting the most out of your website.

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