ADA Compliance: The Smart Way to Include Everyone (and Avoid Lawsuits)

Why ADA Compliance Matters for Your Website

Most people are only familiar with the Americans with Disabilities Act as it pertains to buildings and physical public spaces. In 2019, the Ninth Circuit Court of Appeals ruled in the case of Robles v. Domino's Pizza. The court decided that the Domino's website and mobile app must be accessible to individuals with disabilities because they are integral to accessing the goods and services offered.

This decision has been interpreted as an indication that the ADA applies to websites. In the following years, many businesses in the United States have been the target of lawsuits related to inaccessible websites. These lawsuits are increasing, and there is growing awareness around accessibility as it pertains to the internet.

The EU has made a bigger commitment to ensuring equal access for all website users with the European Accessibility Act Directive. EU countries, as well as businesses that operate within EU countries, must implement laws that expand accessibility requirements into the private sector by 2025.

It has become clear in the last few years that website accessibility is more important than ever. Making sure that your website is accessible is not just a way to defend your business against lawsuits. It is also the right thing to do.

Accessible Websites: A Better UX for Everyone

An ADA compliant website ensures that all users, including those with disabilities, can navigate and use your site effectively. This includes people relying on screen readers, keyboard navigation, voice commands, or other assistive technologies. Improving the user experience does not just help people with disabilities, it makes your website easier for everyone to access.

The assistive technologies used by people with disabilities to access your website are robots, just like Google. Making your website easy for a screen reader also makes it easier for Google to read and interpret. Good user experience goes hand in hand with clean code and structure. By making your website accessible, you are also improving your on-page SEO.

Many developers treat accessibility as an afterthought. This is often because it is faster, cheaper, and easier to use drag-and-drop builders such as Elementor or Webflow. These builders may produce a website that is pleasing to the eye, but they do not create clean or structured code. Websites built using drag-and-drop technology are not only inaccessible, they are also not ideal for SEO.

Accessibility Overlay Services

Some developers who are aware of ADA requirements and the buzz around digital accessibility attempt to make websites accessible after they are already built. They point their clients to expensive overlay services such as AccessiBe or UserWay. 

These services add a button or widget to your website that opens a toolbar, allowing users to control text size, contrast and other settings. These services claim to make your website fully accessible without any changes to your website code or structure. In reality, they do not. These services have already faced multiple lawsuits and cannot protect you from liability.

Check out this blog post called Accessibe Will Get You Sued for more information about why overlay services can make it harder to access your website. There is no quick fix for website accessibility and you should not believe anyone who tells you otherwise.

Most developers believe the claims of overlay services and do not investigate further because learning how to develop websites in an accessible way requires more work and can double or triple the time investment. Unfortunately, there have been no cases to date where a web developer has been held liable for building a non-accessible website.

Website Accessibility is the Business Owner's Responsibility

Fairly or unfairly, business owners are being held liable for making sure their website is accessible, even though they may not have the ability to judge code structure or quality. In our experience, business owners often trust their website developers and follow their recommendations, just like they would a doctor or a mechanic.

It is important to remember that web developers are not required to have a license or formal training in accessibility or even HTML. Many are self-taught freelancers. Unlike doctors or mechanics, who require a minimum amount of training to practice.

Since website accessibility is ultimately the responsibility of the business owner, it is important to ask questions about it when vetting a candidate or company to build your website.

Investing in Accessibility is an Opportunity

At Geary Company, we have always been committed to providing exceptional service and support to our clients. We don’t see website accessibility as just a requirement, a hassle or an afterthought. Making accessible websites is an opportunity to improve user experiences, make faster, cleaner websites and ultimately reach more people.

A 25% Increase in Users

About 25% of the U.S. population or 70 million people live with a disability. That’s a significant portion of potential customers who may be unable to fully access your website. By making your website accessible you are opening your business to a wider audience, improving usability for everyone and showing that your company cares about its customers. 

Think of it as a marketing investment with a potential 25% return. It's a smart business opportunity. Making your website easier to use can increase engagement, reduce frustration and boost conversions. Simply put, taking the time to accommodate the needs of all visitors can lead to more traffic, more satisfied customers and a stronger reputation for your business.

Ready to Turn Accessibility Into Opportunity?

If you're ready to make your website accessible, more user friendly and welcoming to everyone, our team at Geary Company is here to help. We'll work with you to create a site that not only meets legal requirements but also delivers a wonderful experience for your visitors. This will increase engagement, boost conversions and inspire brand loyalty that will make you stand out from your competitors.

Check out our website portfolio for more information or reach out to us today and let's start building a website that works for everyone.