In today’s digital age, having a website accessible to everyone, including individuals with disabilities, is not just a best practice—it is increasingly becoming a legal obligation. For small businesses in California, navigating the requirements surrounding ADA (Americans with Disabilities Act) compliance can be confusing. This guide will help clarify which businesses need to comply, what the requirements entail, how ADA compliance can positively impact your business beyond just legal reasons, and how to protect your business from lawsuits.
The Americans with Disabilities Act (ADA) was enacted to prevent discrimination against people with disabilities and ensure equal access to public spaces. With the growing importance of online commerce, the ADA’s scope has expanded to include digital spaces like websites.
ADA compliance means that a website must be accessible to individuals with disabilities, such as those who are visually or hearing impaired or who have other physical challenges that make interacting with a typical website difficult. Compliance typically involves adhering to standards set by the Web Content Accessibility Guidelines (WCAG) 2.1, which provide detailed recommendations on making your website accessible to all users.
Not all businesses are legally required to make their websites ADA-compliant, but understanding where your company falls is essential to avoid potential legal consequences. To determine if your business requires ADA compliance, start by asking a few key questions.
Does your business operate a physical location that is open to the public?
Yes (*)
No
Does your website provide goods or services online that are also available in your physical location?
Yes (*)
No
Is your business considered a public accommodation (e.g., retail store, restaurant, medical office, hotel)?
Yes (*)
No
Does your website directly connect or act as an extension of your physical location, offering information or transactions?
Yes (*)
No
Does your business engage in interstate commerce through its website (e.g., e-commerce selling across state lines)?
Yes (*)
No
Does your business receive federal funding or contract with the federal government?
Yes (*)
No
Does your business have annual revenue exceeding $1 million, and does it have multiple employees?
Yes (*)
No
Does your website serve as a key means for customers to access services like booking or scheduling?
Yes (*)
No
Are you located in a state like California, where local laws require website accessibility for businesses of all types?
Yes (*)
No
Has your business received prior complaints or lawsuits regarding accessibility?
Yes (*)
No
If you answered "Yes" to any question marked with a star (*), it is highly recommended that you ensure your website is ADA-compliant.
The ADA Title III requires certain businesses to ensure their websites are accessible. These typically include:
Physical Businesses Serving the Public: If your business has a brick-and-mortar location that is open to the public, the website must be accessible. This includes:
Public Accommodations: Businesses classified as public accommodations under Title III of the ADA are explicitly required to provide accessibility. These include:
Online Commerce Businesses: E-commerce websites that engage in interstate commerce and sell products or services online are also required to be ADA compliant.
Government Contractors or Recipients of Federal Funding: If your business contracts with the federal government or receives federal funding, Section 508 of the Rehabilitation Act mandates that your technology—including your website—must be accessible.
California has additional laws that make ADA compliance more critical. The Unruh Civil Rights Act extends protections to all individuals with disabilities, including those accessing services online. Therefore, in California, even smaller businesses or those without a physical storefront can be sued if their websites are not accessible.
Small businesses often become targets of lawsuits related to website accessibility, especially because accessibility laws can be vague. Here are common reasons for lawsuits:
The typical costs associated with these lawsuits can include:
2. ADA Compliance and Improved Website Quality Grades
Accessibility also contributes to broader website quality measures such as user experience (UX) and site usability.
Ensuring ADA compliance can feel overwhelming, but it’s an essential and worthwhile investment for your business. Here are practical steps to get started:
1. Conduct an Accessibility Audit: Begin by conducting an accessibility audit of your website. This can be done using tools like WAVE or Google Lighthouse, which will identify barriers and provide recommendations. Alternatively, you can work with an accessibility expert for a more comprehensive assessment.
2. Follow WCAG Guidelines: The Web Content Accessibility Guidelines (WCAG) are the gold standard for website accessibility. Strive to meet WCAG 2.1 Level AA standards, which cover most accessibility requirements and are referenced in many legal cases.
3. Improve Navigation and Content Accessibility: Ensure your website is easy to navigate with consistent menus, clear calls to action, and a logical structure. Incorporate keyboard navigation so users can navigate without a mouse, and add features like alt text, captioning for videos, and text resizing options to cater to different needs.
4. Use Accessibility Tools: Various accessibility widgets and plugins, such as accessiBe or UserWay, can help improve your site's accessibility. While these tools can be a helpful addition, they should not replace a thorough manual review and direct fixes.
Ultimately, ADA compliance offers value far beyond avoiding lawsuits. It is about creating an inclusive website, giving everyone the same opportunities to enjoy your content and services. Moreover, ADA compliance helps ensure your website is well-optimized, user-friendly, and visually appealing, which supports better SEO and overall performance.
In summary, taking the necessary steps to comply with ADA guidelines benefits your business by:
ADA website compliance is not just a legal requirement for many businesses; it is an opportunity to improve SEO, enhance user experience, and build a positive reputation. Ensuring that your website is accessible opens your digital doors to a larger audience, strengthens your brand, and solidifies your commitment to inclusivity.
If you are unsure where to start, consider working with an expert who specializes in accessibility. Conduct a detailed audit of your site, and gradually implement changes that align with WCAG guidelines. Remember, an accessible website benefits everyone who visits, not just those with disabilities.