What are the Risks Of Not Making Your Website ADA-Compliant?

Introduction

Do you know whether your website is accessible to all or not? When I say all, that should include disabled and differently-abled people too. More importantly, do you know what are the dangers and penalties in the case of getting caught by an individual or an agency for owning a website that has poor or no accessibility for such people?

In this article, we are going to know the basics of ADA compliance, the penalties, and the risks of having an ADA-non-compliant website. We will also have a look at some standards and guidelines that could improve website accessibility.

If you have no idea about it or have any questions, you can get in touch with a top website design and development company. Bytes Technolab is a top web design and web app development company that has been delivering ADA-compliant websites and web applications to their global clients wanting to sell their products and services in the USA.

What is the Americans with Disabilities Act (ADA)?

The Americans with Disabilities Act (ADA) is a civil rights law that is meant to guarantee equal access to people with disabilities. It was passed by the United States Congress in 1990 and prohibits discrimination on the basis of disability in employment, public services, public accommodations, and telecommunications.

The ADA covers a wide range of individuals, including those who have physical and/or mental impairments that substantially limit one or more major life activities. It also applies to those who have a history of such impairments, as well as perceived disabilities and conditions that are considered disabilities under the law.

The ADA safeguards the rights of individuals with disabilities in a variety of ways, from ensuring physical access to buildings to providing reasonable accommodations for employees and customers. It also includes specific anti-discrimination provisions when it comes to websites, online services, and other digital products.

The ADA Amendments Act of 2008 broadened the definition of “disability” and made it clear that businesses must take steps to ensure that their websites are accessible to people with disabilities.

Failing to make your website ADA-compliant can have serious consequences. You could be sued by an individual with a disability, or the Department of Justice could take action against you. In addition, you could be missing out on a large market – it is estimated that there are more than 61 million people with disabilities in the United States.

Stats Showing the Need to Adopt ADA-Compliant Websites & Apps

What if I tell you that almost all websites and web applications are not in compliance with ADA standards and guidelines?

See it to believe it.

• 97.4% of the top 1 million websites are not ADA-compliant, WebAim Million reports.

• Adult disability ratio to normal is 1:4 in the USA, this accounts for 61 million people with disabilities not having equal access to a website not meeting ADA standards. – reports CDC.

• Approx. 20 million Americans have visual impairments, accounting for 8% of the total population in the USA – reported by Georgetown University.

• Businesses and brands having websites and web apps without ADA compliance have faced lawsuits and ended up losing approx. $6.9 billion in revenue – reports the Bureau of Internet Accessibility.

You may wonder how far the term disabilities could go, right? So here we are. ADA encapsulates all the disabilities that could be found in a living human being. These include:

• Auditive

• Cognitive

• Neurological

• Physical

• Speech

• Visual

The ADA Act states pretty clearly for everyone that it is mandatory to develop ADA-compliant websites and web solutions to provide EQUAL ACCESS to all. So, which are the top-crop brands that faced the lawsuits and paid hefty sums in penalties for not meeting ADA standards and guidelines?

The list of accused brands is long and almost impossible to put the final list here. However, these are some global giants:

• Amazon

• Nike

• The Wall Street Journal

• Domino’s Pizza

• Hershey’s

• Fox News Network

• Burger King

Believe it or not, these have already faced lawsuits because of ADA non-compliance.

Quick Link: Get Professional Help to Adopt ADA-Compliant Websites & Apps

What are the different levels of ADA Compliance?

There are some guidelines and standards that provide recommendations for achieving ADA compliance. One of the most widely recognized guidelines is the Web Content Accessibility Guidelines (WCAG) developed by the World Wide Web Consortium (W3C). WCAG provides three levels of conformance: A, AA, and AAA. These levels are commonly used to gauge the accessibility of digital content, including websites and web applications.

1. Level A

This is the lowest level of conformance and includes the most basic accessibility requirements. Meeting Level A criteria helps address some of the most significant barriers to access for individuals with disabilities. However, it may not cover all accessibility needs comprehensively.

2. Level AA

This level of conformance is considered the standard for achieving a reasonable level of accessibility. Meeting Level AA criteria ensures a higher degree of accessibility and inclusivity. It addresses a broader range of disabilities and provides a more comprehensive set of guidelines to follow.

3. Level AAA

This is the highest level of conformance in the WCAG guidelines. Meeting Level AAA criteria means going beyond the standard requirements to provide the most extensive accessibility support. It covers a wider range of disabilities and includes additional guidelines to enhance accessibility further.

In short, going from A → AA → AAA means that your website design is following ADA standards and guidelines at max.

How to do a Website Audit to Check ADA Compliance?

A website design audit is one way to see and check your website’s accessibility and ADA compliance. You can do this audit on your own using various tools. Popular tools to check website accessibility are shown below:

• Dynomapper

• WAVE

• LERA

• SortSite

• JAWS

• Tenon

• Accessibility Checker by CKSource

You can use these tools in a combo or individually to check ADA compliance websites and web solutions.

Quick Link: Hire Our Expert Developers for ADA Compliance Audit

What are the Consequences of not Having an ADA-compliant Website?

ADA compliance is mandatory and ignoring it could be fatal to your brand in many ways, financially too. There are severe penalties for first-time violations that go even further in the cases of second-time violations.

A hefty fine of $55,000-$75,000 is applied upon the first-time violation for meeting the ADA regulations and ADA compliance standards for an ADA non-compliant website. Upon a second violation, this financial penalty rises up to approximately $150,000 for not following ADA regulations and WCAG guidelines.

O.M.G… that’s outrageous, isn’t it? Well, this is just not the end.

Legal action can come in the form of a civil suit, fines, or other penalties. Additionally, a website that is not ADA-compliant can lead to a loss of customers and monetary losses through decreased brand reputation and diminished website traffic.

Moreover, failing to create an ADA-compliant website can also lead to technical issues; if left unchecked, they can lead to significant obstacles for a website’s viewers, potential customers, and even the company itself. Websites that fail to make use of the best practices and standards set forth by the ADA can experience a decrease in search engine optimization, reduced website performance, and a decrease in website traffic which can result in significant losses for the organization.

Websites that are not compliant with the Americans with Disabilities Act (ADA) can face several dangers and potential penalties. While the ADA itself does not outline specific penalties for non-compliance, there are legal risks and consequences that website owners should be aware of. Here are some potential dangers and penalties associated with non-compliance.

1. Lawsuits

Individuals with disabilities, disability advocacy groups, or even the Department of Justice can file lawsuits against website owners for ADA non-compliance. These lawsuits can result in financial settlements, court-ordered remedies, and legal fees.

2. Legal Expenses

Defending against ADA lawsuits can be costly, regardless of the outcome. Legal fees, court costs, and potential settlements can accumulate significant expenses for website owners.

3. Damages and Remedies

If a lawsuit is successful, the court may award damages to the individual with disabilities. This can include compensation for any harm or discrimination they experienced due to the inaccessible website. The court may also require the website owner to take corrective measures to make the website accessible.

4. Injunctions and Court Orders

In addition to financial penalties, a court may issue injunctions or court orders requiring the website owner to bring their website into compliance. Failure to comply with such orders can lead to further legal consequences.

5. Department of Justice (DOJ) Investigations

The DOJ has the authority to investigate complaints related to ADA non-compliance, including website accessibility. If the DOJ finds evidence of violations, it can initiate legal action or negotiate a settlement agreement with the website owner.

6. Reputational Damage

Non-compliance with accessibility standards can result in negative publicity and damage the reputation of the website owner or the organization behind the website. This can lead to a loss of trust and credibility among potential customers or users.

How to Make a Website ADA-Compliant?

Making your website ADA-compliant is not as complicated as you might think. Here are some of the key steps and considerations you should take in order to make your website compliant.

Here’s a checklist for ADA compliance for web design:

1. Text Alternatives

• Provide alternative text descriptions (alt text) for images, icons, and graphics.

• Use descriptive filenames for downloadable files and documents.

• Include closed captions or transcripts for videos and audio content.

2. Color and Contrast

• Ensure there is sufficient color contrast between the text and background.

• Avoid relying solely on color to convey information.

• Make sure color is not the only means of distinguishing elements.

3. Keyboard Accessibility

• Ensure all functionality can be accessed and operated using a keyboard.

• Provide clear focus indicators for interactive elements.

• Test the website’s usability without a mouse or trackpad.

4. Navigation and Structure

• Use a logical and consistent navigation structure.

• Include a sitemap or search functionality for easy navigation.

• Use headings, subheadings, and proper hierarchical structure in the content.

5. Form Accessibility

• Provide clear instructions and labels for form fields.

• Ensure error messages are clearly identified and described.

• Validate and provide appropriate error feedback for form submissions.

6. Link and Button Accessibility

• Use descriptive text for links and buttons, avoiding generic labels like “click here” or “learn more.”

• Ensure links and buttons are large enough and have enough spacing for easy interaction.

• Provide clear indications of visited links to avoid confusion.

7. Multimedia Content

• Provide alternatives for multimedia content like videos, audio, and animations.

• Ensure media players have controls for playback, volume, and captions.

• Avoid auto-playing media, or provide controls to pause or mute them.

8. Readability and Structure

• Use clear and readable fonts with sufficient spacing between letters and lines.

• Avoid using small font sizes or excessive use of capital letters.

• Organize content with headings, paragraphs, lists, and bullet points.

9. Consistent and Predictable Layout

• Maintain a consistent layout and design across all pages of the website.

• Ensure that navigation menus, headers, and footers are in consistent locations.

• Avoid sudden or unexpected changes in content or functionality.

10. Testing and Validation

Regularly test the website for accessibility using automated tools and assistive technologies.

• Conduct user testing with people with disabilities to gather feedback and improve accessibility.

• Validate the website’s HTML, CSS, and other code for compliance with accessibility standards.

11. Use Data Tables

• If your website contains tables, make sure they have appropriate markup and ARIA labels.

• This will help them be better read and understood by screen readers.

12. Test and Monitor Continuously

• Test your website using accessibility technologies and tools to make sure it is compatible and compliant with WCAG 2.0 standards.

• Monitor your website’s accessibility on a regular basis to ensure it remains compliant.

Remember that ADA compliance is an ongoing process, and it’s important to regularly review and update your website to ensure it remains accessible to all users. The checklist shown above is still not the comprehensive one.

How Much It Costs to Make a Website ADA-Compliant?

The cost will depend largely on the complexity of your website, adjustments, and the level (A/AA/AAA) you wish to achieve. A standard process is followed to redesign or redevelop by considering WCAG standards and guidelines to deliver your AA/AAA level ADA-compliant website.

Hire QA engineers from Bytes Technolab who will work with our web design experts. They will work in synergy with you to help you analyze, generate a website accessibility report, and make a list of changes needed to transform into an ADA-compliant website.

By taking the necessary steps and implementing the correct measures, you will ensure your website is accessible to all. In the long run, this will help your website succeed and reach more audiences. So make sure you take the time to make your website ADA-compliant today.

Don’t have Technical Expertise? Bytes Technolab Can Help.

No problem! You can reach our QA engineers who are already helping brands in the USA and Canada to check ADA compliance. We also have experience building ADA & HIPAA-compliant websites for healthcare and wellness businesses. ADA compliance websites ensure equal access to all that helps disabled patients to access it. And websites and apps with HIPAA compliance ensure the security and privacy of patients’ health data and sensitive information.

If you belong to a healthcare products and services business or any other business, please contact us right away to make your website perfect that meets specific industry-grade compliance regulations.