What is website accessibility and could you be at risk for a lawsuit?

Most business owners are familiar with the Americans with Disabilities Act (ADA) and the requirements this law imposes on them to make their facilities accessible to those with disabilities. For businesses that are “places of public accommodation” (e.g. veterinary practices), access includes providing on-site features including wheelchair ramps, handicap accessible bathrooms, and parking spots. In the past few years, there has been increasing debate around whether a company’s website is an extension of a place of business and must be accessible just like its physical counterpart. The ADA does not speak directly to this question and the Department of Justice (DOJ), which is responsible for interpreting the act, has not weighed in on the matter. This ambiguity in the law has led to a wave of litigation, suggesting businesses with “inaccessible websites” are violating the ADA and are subject to penalties. While it is difficult to identify out-of-court settlements, according to the ADA, the maximum civil penalty for a first violation under title III ranges from $55,000 to $75,000. For a subsequent violation, the new maximum is $150,000. In 2019, there were thousands of lawsuits filed against businesses and tens of thousands of legal demand letters. In the fall of 2019, the Supreme Court of the United States refused a request from Domino’s Pizza to hear its appeal from a lower court decision, which ruled the restaurant chain’s website and mobile app are required to be accessible to the disabled. The Supreme Court’s decision not to hear the case is a major win for disability advocates, who argue businesses must maintain accessible websites. It is important to understand what website accessibility is and how business owners can properly assist those with disabilities, while also avoiding costly litigation and unwanted headaches. How do website accessibility requirements impact your practice? Even the most well managed veterinary practices can face allegations of wrongful employment practices from employees, job candidates, consumers, and third parties. These claims can include allegations of harassment, racial discrimination, as well as violations of the ADA. Indeed, an ADA violation may be alleged if a business’s website is not accessible to individuals with disabilities. According to the Centers for Disease Control and Prevention (CDC), there are approximately 61 million people in the U.S. living with a disability. This represents 26 percent of the entire population, and by extension, 26 percent of your clients. Here are some percentages to ponder. Of those with a disability: 13.7 percent have a mobility disability; 10.8 percent have a cognition disability; 6.8 percent have an independent living disability; 5.9 percent are deaf or have serious difficulty hearing; 4.6 percent have a vision disability; and 3.6 percent have a self-care disability. According to one insurance broker, allegations of website inaccessibility have grown over the past few years, often taking practice owners by surprise. These allegations may be made by a third party, including an existing or potential client, as well as an employee or job applicant. Veterinarians can protect themselves and their businesses by purchasing an employment practices liability insurance (EPLI) policy that includes comprehensive coverage for these types of allegations. While it is not possible to determine definitively whether coverage applies in every hypothetical situation, EPLI coverage is the most likely policy to respond to allegations of website inaccessibility.* What can veterinary practices do to address website accessibility? There are various assistive technologies available to help people with disabilities access the internet. For example, those with visual impairments often use a screen reader, which reads website content aloud to the user, while others use technology to magnify the words on a web page to the proper viewing size for their needs. Unfortunately, not all sites are compatible with screen readers and magnification tools, which means business owners must take steps to make their websites more accessible. Accessibility tools in the form of a website plug-in can be installed easily on websites to make them more accessible. The tool provides website users with a set of functions and information to make business websites more accessible and “more compatible” with assistive technologies for the disabled. An accessibility tool does not require any changes to a website and can increase compliance with the current federal guidelines that are related to online accessibility (WCAG 2.0, ATAG 2.0, the ADA and Section 508 requirements). Video relay services (VRSs) are another unique tool a business can use to be more accessible. This on-demand and in real time smartphone service enables those with hearing impairments to engage with a sign language interpreter who functions as a liaison with your staff. The hearing-impaired client can even bring a tablet into the exam room and access an interpreter to help communicate information during their pet’s visit. If you are redesigning a website or launching a new one, you may want to incorporate accessibility features. Although this can be a time-consuming and costly undertaking, it does provide protection against allegations of inaccessibility by those with disabilities. In addition to adding an accessibility tool and using a diagnostic tool to identify issues with your existing site, here is a simple checklist of other things you can do to make your website more accessible and reduce the likelihood of a lawsuit: Assign ALT tags to all website images. An ALT tag is short for “alternative tag”—it identifies an image to a screen reader Update PDFs with the most recent Adobe version and provide text versions of online documents either via a Word document or as online text Add closed captioning to videos Test websites on mobile phones (people with visual impairments tend to use iPhones) Make sure your phone number is “clickable” and is prominently featured on your website Speak with your third-party app and plug-in providers to learn about their accessibility efforts Also, reassess your physical location. Understand that some of your clients may have unique accessibility needs. Train your staff to know where a nursing mother or a person with autism can find privacy and a quiet space. Ensure your staff can provide directions regarding your handicap parking situation and consider putting QR codes on printed materials that direct readers to accessible information on the web. Make sure to promote your accessibility efforts and ask for suggestions and feedback from your clients. You’ll be amazed by the positive responses. Andy Burstein is a cofounder and partner at Accessibility Ventures. His team consists of people with a wide range of abilities. Burstein studied at George Washington University and Cornell University, and he has extensive experience in the veterinary industry. He can be reached at andy@accessibilityventures.com. * Keep in mind all claims are evaluated on their own individual merits and circumstances. The policy alone, and not this opinion, would be relied upon should a claim be filed. RESOURCES All statistics can be found at bit.ly/2W2SsRF and ada.gov.

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What is website accessibility and could you be at risk for a lawsuit?

Ambiguity in the law has led to a wave of litigation, suggesting businesses with “inaccessible websites” are violating the ADA

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