On March 18, 2022, the Department of Justice (DOJ) published their guidance that local and state businesses and governments are encouraged to follow in order to ensure that their online websites are in compliance with Americans with Disabilities Act (ADA) guidelines on web accessibility for people with disabilities. The DOJ guidance provides instruction to entities on how to eliminate “barriers on the web” and grant equal website access to people with disabilities.
The ADA applies to state and local businesses and businesses open to the public and online and prohibits these entities from discriminating against people with disabilities. The DOJ guidance aligns with the ADA’s objectives that require businesses to provide accessible communication features in stores and on their websites. For example, businesses open to the public, or those that provide “public accommodations,” are required to provide “auxiliary” or appropriate communication aids and services for people with disabilities. For businesses that operates solely online, the DOJ outlines examples of barriers to website accessibility such as: poor color contrast (which can affect reading capability of people with color blindness), lack of text alternatives (for blind persons), and lack of keyboard navigation or mouse-only navigation.
The DOJ concludes their guidance by explaining that although businesses and state and local governments have flexibility on how they comply with ADA guidelines, the DOJ reiterates that businesses must satisfy the outlined ADA’s standards for nondiscrimination and effective communication.
A link of resources that entities may refer to in order to ensure that their website is accessible is also available on the DOJ guidance webpage.
To read the DOJ guidance, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.