The Americans with Disabilities Act (ADA) has been a cornerstone of civil rights legislation in the US, ensuring equal opportunity for people with disabilities. ADA compliance is not only a legal requirement but also an ethical and moral imperative. By ensuring that people with disabilities have equal access and opportunities, we create a more inclusive and equitable society for everyone.
However, its enforcement has been a point of contention, with concerns raised about both frivolous lawsuits and legitimate barriers to access. H.R.7668, also known as the ADA 30 Days to Comply Act, seeks to address these issues by introducing a 30-day remediation period before a civil action can be commenced under Title III of the ADA. To help you navigate this change, let’s explore the potential benefits and drawbacks for ecommerce businesses and outline some proactive and responsive measures you can take.
Web Accessibility
Ensuring your website is ADA compliant is a smart business strategy. By adhering to the Web Content Accessibility Guidelines (WCAG), you create a digital space that is inclusive and welcoming to everyone, including those with disabilities. This translates to a larger potential audience and customer base, improved user experience, and enhanced brand reputation. Moreover, ADA compliance can also boost your website’s SEO, as search engines favor accessible websites. By prioritizing accessibility, you’re demonstrating your commitment to social responsibility and contributing to a more equitable online world for all.
Quickly Check that your Business Website is ADA compliant:
https://pagespeed.web.dev/
https://accessibe.com/accessscan
https://www.accessibilitychecker.org/
https://userway.org/scanner/
Overall Effect of H.R. 7668 on Web-Based Businesses:
The ADA 30 Days to Comply Act presents a mixed bag for businesses. While it offers opportunities for cost savings and improved public image, it also introduces new challenges, including increased complaints and potential compliance costs.
Businesses that proactively prioritize ADA compliance and accessibility are likely to experience more benefits from the Act, while those with significant accessibility barriers may face greater challenges.
Ultimately, the Act’s impact on individual businesses will depend on their existing level of ADA compliance, their ability to address complaints effectively within the 30-day window, and the overall landscape of ADA litigation in their area. Here are the pros and cons:
Pros:
- Opportunity for Correction: Businesses receive a 30-day window to rectify identified ADA violations, potentially avoiding costly litigation and negative publicity.
- Reduced Litigation Costs: Early resolution of ADA complaints can save businesses significant legal fees and settlements often associated with protracted legal battles.
- Enhanced Public Image: Demonstrating a commitment to accessibility and proactively addressing issues can boost a business’s reputation and goodwill within the community.
- Clarity and Compliance: The Act provides clear expectations for ADA compliance, encouraging businesses to review their practices and ensure accessibility.
Cons:
- Potential for Increased Complaints: The 30-day notice requirement may encourage individuals to formally report any perceived ADA violations, potentially increasing the volume of complaints businesses receive.
- Compliance Costs: Rectifying ADA violations can involve financial investments, such as modifying physical infrastructure or providing auxiliary aids and improving web service accessibility.
- Time and Resource Commitment: Addressing ADA complaints within the 30-day window necessitates allocating staff time and resources to assess and resolve issues promptly.
- Risk of Bad Faith Accusations: Businesses may face challenges if individuals allege bad faith, potentially leading to litigation despite remediation efforts.
Tips for a Smooth Transition For Ecommerce Businesses
Proactive Measures:
- Conduct a Thorough Accessibility Audit: Engage a qualified professional or use one of the automated tools listed above to evaluate your website’s compliance with the Web Content Accessibility Guidelines (WCAG). Identify areas of improvement and prioritize them based on impact and feasibility. YellowWebMonkey is a Google Partner so we understand what your ecommerce business needs to be ADA compliant.
- Implement “Readily Achievable” Fixes: Prioritize low-cost, high-impact changes, such as adding alt text to images, providing keyboard navigation options, and ensuring sufficient color contrast.
- Leverage Accessibility Tools and Widgets: Explore affordable online tools that can enhance website accessibility, such as screen reader compatibility plugins, closed captioning for videos, and on-demand language translation services.
- Develop an Accessibility Statement: Create a clear and concise statement on your website outlining your commitment to accessibility, the steps you’ve taken, and how users can report any issues.
- Train Staff on Web Accessibility: Educate your web development team, content creators, and customer service representatives on web accessibility standards and best practices.
Responsive Measures:
- Promptly Acknowledge Web Accessibility Complaints: If you receive an ADA complaint about your website, acknowledge it promptly in writing and assure the individual that their concerns are being taken seriously.
- Investigate and Communicate: Conduct a thorough investigation of the alleged violation and communicate your findings to the complainant.
- Develop a Remediation Plan: Collaborate with the complainant, if appropriate, to develop a feasible plan to address the accessibility barriers within the 30-day timeframe.
- Document and Track Progress: Maintain detailed records of all communications, actions taken, and progress made in resolving the complaint. This documentation may be helpful in demonstrating good faith efforts if any legal action arises.
Remember, the ADA 30 Days to Comply Act provides a window of opportunity to make positive changes that benefit everyone. By prioritizing web accessibility, leveraging available tools, and responding effectively to complaints, web-based businesses can navigate the Act successfully and foster a more inclusive online environment for all users.
Additional Recommendations:
- Utilize Available Resources: Take advantage of free resources offered by the ADA National Network and other organizations to learn about compliance requirements and best practices.
- Seek Legal Counsel: If facing complex ADA issues or potential litigation, consult with an attorney experienced in disability law.
- Embrace the Spirit of the ADA: Remember that the ADA is not just about legal compliance, but about fostering a culture of inclusion and respect for all individuals.
