Is Your Website ADA-Compliant? You Could Face Up to $150,000 in Fines If Not. These guidelines should be followed closely to ensure that your site is extremely user-friendly and accessible to everyone, regardless of their ability or disability.

By Adam Draper Edited by Kara McIntyre

Key Takeaways

  • Non-compliant websites can be fined between $55,000 and $75,000 — and repeat offenders can be fined $150,000.
  • Websites must follow four core principles to be ADA-compliant, translating into 13 actionable items.

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The Americans with Disabilities Act, or ADA, sets out standards for accessible design, among other things. Non-compliance with this Act can be costly for businesses, with fines ranging from $55,000 to $150,000. All public and private entities with a digital presence are required to meet the standards set out in the Act. The ADA states that all electronic and information technology must be accessible to people who have disabilities. This category includes websites.

Many websites are not compliant with the ADA and their owners may not be aware of the requirements set out by the Act. Let's break down the requirements and explain how you can ensure that your business's website is compliant.

Related: Launching a New Site? Make Sure You Understand Digital ADA Compliance

Checking for compliance

There are many ways to check whether your site is ADA-compliant. Some of the most common methods include:

  • A manual or professional audit
  • A web accessibility plugin
  • A web accessibility tool

All of these options can determine whether your site is ADA compliant, and they each come with their costs, both in terms of time and money. For many businesses, a web accessibility tool is the way to go, because it is often the cheapest and the easiest.

Penalties for non-compliance

Non-compliant websites can be fined between $55,000 and $75,000 for non-compliance, depending on the severity of the non-compliance. Repeat offenders are fined $150,000 for their non-compliance. An organization that receives federal funds can also lose its funding, even if it is a first-time offense. Additionally, lawsuits can arise from non-compliance, which could potentially cost your business even more money. Companies such as Amazon and The Wall Street Journal have been implicated in ADA-based lawsuits.

Related: How Website Accessibility Affects Your Brand's Reputation and Success

Compliance requirements

The Department of Justice (DOJ) has not published or released an official list of specific requirements for ADA compliance. However, the Web Content Accessibility Guidelines (WCAG) and the standards set out in DOJ Section 508 are good places to consult for guidance on this matter.

There are four core principles that the WCAG sets out:

  • Operability: Users with disabilities should be able to use your website and all of its features. Users should be able to use the site navigation tools as well as any additional tools which your site may possess.
  • Perceivability: Users with disabilities should be able to perceive all of the various elements on your site. This includes things like video, text, and images. If a user cannot watch a video on your site, you must provide an alternative for them, such as subtitles for the hearing impaired or a voiceover for the visually impaired.
  • Robustness: All users should be able to have the same experience of your site, even if they are using assistive technologies. Users who are using text-to-speech programs should be receiving the same information and the same experience as users who are reading the information on your site.
  • Understandability: All users with disabilities should be able to understand the content on your website just as well as those without disabilities can. Users should also be able to understand and operate all the different elements of your site without any problems.

These principles are subsequently translated into actionable items for a website to be considered ADA-compliant. The items are outlined below:

  • Captions: These should be provided for any video on your site, whether it is live or recorded.
  • Audio descriptions: These should be provided for recorded content and a link can be added to this near the content.
  • Contrast ratio: A contrast ratio of 4.5:1 should be maintained for text and images of text. This rule has exceptions for large text, logos and incidental text.
  • Error prevention: A page that creates a legal commitment or a financial transaction, modifies user data, or submits user responses is required to be audited for error, be reversible and be confirmed by the user before it is submitted.
  • Error suggestion: Users should be offered suggestions for fixing any errors when they input data. These recommendations can be provided through text.
  • Consistent identification: Elements of your site with the same functionality should have the same identification.
  • Consistent navigation: Users should have a consistent experience when navigating your site. If you have a navigation menu, it should always appear on the same spot on the page, with the same options.
  • Language: If a page is not in the default language of your site, there should be an option to translate it into the default language.
  • Focus visible: Users accessing your site by using a keyboard should be able to see the keyboard focus indicator. This feature can be added to your site using CSS.
  • Labels and headings: These should be used throughout your site to describe the purpose or the topic of the content on your site. Headings should be straightforward and site elements should also be labeled.
  • Navigation options: Users should be offered multiple ways of locating a page on your site unless a page is the result of a multi-step process.
  • Images of text: Images of text should preferably not be used, as this can make the site inaccessible to certain people.
  • Text resizing: Users should be able to resize the text on your site up to 200% magnification without causing a loss in site functionality or site content. This particular element of compliance is not attached to images of text or captions.

Related: How Accessibility Can Make (or Break) Your Small-Business Website

ADA website compliance

The ADA's objective is to make sites as accessible as possible to everyone. As a result, ADA compliance is essential for businesses to ensure that their sites are highly accessible and to avoid encountering unwelcome fines or lawsuits. While there are no specific DOJ guidelines for ADA compliance, there are Section 508 and WCAG guidelines that translate into actionable items for ensuring that your site is ADA-compliant. These guidelines should be followed closely to ensure that your site is extremely user-friendly and accessible to everyone, regardless of their ability or disability.

Adam Draper

CEO of Gladiator Law Marketing

Adam Draper is the CEO of Gladiator Law Marketing. He is a veteran, outdoor enthusiast and avid cyclist.

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