If we travel together to the 90s, we can recall direct mail pieces, referral marketing and traditional print advertisements. Who remembers looking forward to the Sunday paper for the ads? During this same time was the creation of the Americans with Disabilities Act (ADA) enacted by the Bush Administration which ensured equal opportunity for people with disabilities across all industries including public accommodations.
At the same time, the internet was coming into its own and establishing a crucial role in our everyday lives as consumers, businesses, and government agencies. Now, only a couple of decades later, we carry the internet in our pockets.
This raises the question: Are we as businesses required to meet the same ADA standards on our websites as we do at our properties and our offices?
The unprecedented case of Gil v. Winn Dixie (2017), the first ADA website accessibility case in which Winn Dixies was found in violation of Title III of the Am ericans with Disabilities Act. The verdict stated, “where a website is heavily integrated with physical store locations, courts have found that the website is a service of a public accommodation and is covered by the ADA”. Consequently, this established the Web Content Accessibility guidelines (WCAG 2.0) used by web developers today to maintain compliancy.
We must ask ourselves; are our properties an extension of the services we offer? Does our company’s website meet the following core principles of WCAG 2.0?
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Perceivable. Can all users perceive the information being presented?
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Operable. Can all users operate the interface?
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Understandable. Can all users understand the information as well as the operation of the
user interface?
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Robust. Can all users access the content as technologies advance?
I challenge you to pose the question, are we at risk? This information does not aim to be a scare tactic but more so, an opportunity to evaluate one of the most tangible elements of your business: your website. We also want to make sure everyone who encounters our brand has fair and equal access. We work so hard to promote ourselves and standout from our competitors, so why not have the best website we can that is accessible by all?
I encourage all of you to continually monitor future legislation as we do with many other aspects of our business and don’t be afraid to ask your marketing department, web development team or agency what your ADA compliance level is. To learn more about automated solutions and reach your ADA compliance goals; here are a few platforms to help you get started. SiteImprove, AudioEye, AccessiBe, among others. These various tools help companies mitigate risk with solutions that can be tailored to meet your individual business needs.
To access the full verdict for Gil v. Winn Dixie, please click here.
CLICK HERE.