
A11y: The Surge in Accessibility Lawsuits
Why It matters and how to ensure compliance
In recent years, there has been a remarkable increase in accessibility lawsuits filed against businesses and organisations. This surge can be attributed to various factors, including the growing awareness of accessibility rights among people with disabilities, the increased availability of assistive technologies, a higher number of businesses operating online, and heightened regulatory scrutiny of websites and apps. In the United States, these lawsuits are primarily rooted in the Americans with Disabilities Act (ADA), which extends to websites and apps. This article delves into the rise of accessibility lawsuits and offers guidance on how businesses and organisations can ensure compliance to avoid legal troubles.
The ADA and Web Accessibility
The Americans with Disabilities Act (ADA) is a landmark legislation in the United States that prohibits discrimination against people with disabilities in various aspects of public life. This includes employment, public transportation, and access to public accommodations. Importantly, the ADA also applies to websites and apps. The Department of Justice (DOJ) has made it clear that websites and apps must be accessible to people with disabilities to adhere to ADA regulations. However, there's no specific technical blueprint provided in the ADA, which has led to a surge in lawsuits against entities with inaccessible digital platforms.
The Accessibility Lawsuit Surge
In 2022, there were over 2,300 accessibility lawsuits filed in the United States. This represents a significant uptick compared to previous years, and the trend shows no signs of slowing down. The rise in accessibility lawsuits serves as a wake-up call for businesses and organisations to prioritise accessibility in their digital offerings.
Ensuring Compliance
To avoid falling victim to accessibility lawsuits and to create a more inclusive online environment, businesses and organisations can take proactive steps to ensure compliance with ADA requirements.
Here are some key strategies
Familiarise Yourself with Guidelines
Begin by understanding the guidelines and standards that govern web accessibility. The Department of Justice (DOJ) and the World Wide Web Consortium (W3C) offer valuable resources in the form of guidelines and standards, such as the Web Content Accessibility Guidelines (WCAG).
Conduct Accessibility Audits
Consider hiring an accessibility consultant or using automated accessibility testing tools to audit your website or app. These audits can identify existing accessibility issues and provide recommendations for improvement.
Follow Accessibility Principles
Perceivable: Ensure all content and interface elements are perceivable, regardless of users' sensory abilities.
Operable: Make sure that users can interact with your website or app using various input methods.
Understandable: Ensure content and functionality are clear and comprehensible.
Robust: Ensure your content can be reliably interpreted by different user agents and assistive technologies.

Implement Best Practices
Incorporate accessibility best practices into your design and development processes.
Use clear and concise language.
Provide alternative text for images.
Maintain sufficient color contrast.
Use semantic HTML for better screen reader compatibility.
Ensure keyboard navigability.
Offer transcripts for audio and video content.
Keep a consistent layout and navigation structure.
Accessibility Testing
Regularly test your website or app for accessibility using a combination of automated accessibility checkers, screen readers, and real users with disabilities. User feedback is invaluable in assessing real-world usability.
The surge in accessibility lawsuits underscores the importance of creating digital spaces that are accessible to all users, regardless of their abilities. The ADA's applicability to websites and apps is a clear signal that accessibility is not an optional consideration but a legal requirement. By adhering to accessibility principles, implementing best practices, conducting thorough audits, and seeking user feedback, businesses and organisations can not only avoid legal troubles but also contribute to a more inclusive and equitable online environment. In doing so, they ensure that everyone can access their products and services, promoting a more inclusive and accessible digital landscape for all.