Litigation against higher education institutions for non-compliance with online ADA shows no sign up slowing down, with recent cases against Harvard (opens in a new window), Berkeley (opens in a new window), Colgate (opens in a new window), Mercer (opens in a new window), Lafayette and Loyola (opens in a new window) – to name but a few.
Last week we wrote about new cases already being reported in 2023 (opens in a new window). No doubt we will see more and more cases being reported over the next few weeks. But what’s happened in the last week?
Key figure on 'online' accessibility bill moves from congress to senate.
To kick the new year off we’re hosting another webinar! This webinar will cover Vendor and Supplier Management, it’s open to all AAAtraq members and will be held on Tuesday, January 17th 2023 at 9:30 PST / 5:30 GMT / 12:30 EST.
The start of the year often brings about a series of changes with people making new year’s resolutions and organizations starting new campaigns. However, one change we haven’t seen is website ADA legal demands, it’s only a few days into the year and we’re already seeing stories hitting the headlines.
One question that organizations often ask is whether laws relating to website and online accessibility can be applied to them. There can be misconceptions that somehow if an organization is of a particular size or in particular sector, it means they are exempt. The truth is that there are virtually no exemptions – the law affects every organization in the US.
Throughout society there is a call to be increasingly inclusive. Yet more than 30 years after the establishment of the Americans with Disabilities Act (ADA) in 1990, as well as recurring lawsuits for alleged inaccessible content in violation of the 1973 US Rehabilitation Act, high-branded institutions such as Harvard University and University of California, Berkeley (UCL Berkeley), are failing to achieve digital inclusion for Americans with a wide range of disabilities.
Why do so many organisations have websites that fail their basic legal requirement of being accessible to people living with disabilities and open themselves up to the risk of litigation?
When it comes to making a website accessible to ensure it meets the requirements of the Americans with Disabilities Act (ADA) or other similar legislation, the immediate assumption is that this is an area purely for IT, the web or digital team, or a digital agency partner. Most business stakeholders will assume it’s “just one for the techies” to sort out, and a technical problem that can be fixed.
Receiving a demand letter from a legal firm with the potential threat of legal action can be stressful. But it’s becoming an everyday part of running a business.
New Report Shows Shocking Widespread Failure of Digital Inclusion; Litigation Risk
New York, November 8, 2022 - According to the new Risk INDEX™: Higher Education (opens in a new window) Report from InsurTech AAAtraq (opens in a new window), 96% of higher education websites are not accessible to people who browse the web with assistive devices, making them non-complaint with the Americans with Disabilities Act (ADA). In today’s post-secondary education environment, 19.4% of students are disabled.1
For years, Congress has been incapable of enacting (and even introducing) legislation that would have a meaningful impact in assisting the millions of disabled Americans currently disenfranchised by discrimination on the internet.
While the Americans with Disabilities Act of 1990 (ADA) and Section 508 do protect disabled individuals from most discrimination on the internet, it does not protect them in every instance or in every municipality.
If you’re the Risk Manager or AAAtraq Service Owner, you may hear this from your technical team, so be ready: THIS REPORT IS WRONG! RUBBISH! THIS SYSTEM DOESN’T WORK! IT’S INCORRECT!
AAAtraq’s Risk Control Service guides clients through a step-by-step process to reduce the risk of ADA website litigation.
AAAtraq delivers an online ADA Risk Control Program focused on your website(s). The program is simple to deploy, allows you to assign tasks and enables clients to demonstrate significant improvement in just one week.
There has been a lot of recent activity from Senators and other government departments, on the Americans with Disabilities Act (ADA) and how change needs to happen.
US institutions for the blind and people with disabilities are urging congress to move quickly on ’The Website and Software Accessibility Act’ introduced by Senator Tammy Duckworth and Congressman John Sarbanes on September 29th, 2022.
When you login to the AAAtraq system, you’ll immediately see your dashboard. From here you can access your ‘Account’, ‘Vendor’ and ‘Policy’ details, and amend the key ‘People’ who are responsible for web content and risk. A separate article and video is available on these aspects - the icons to the left of your dashboard.
If you’ve reached the stage where you understand the need to address the threat posed by a lack of ADA compliance, you ought to know that 94% of website homepages have compliance failures. Whether you have a coded, bespoke website or one constructed using templates from a Content Management System (CMS), there is no difference. It’s a steep challenge to create a fully compliant site that then remains so going forward.
It’s extremely important that you have an Accessibility Statement on your website, not least to demonstrate where you are with compliance, but to aid those who might find it a bit harder to access your website’s content, by giving them contacts to ask for help.
On Monday August 1st, 2022, Illinois House Bill 26 (HB 26) entered as law in the State of Illinois, details of the bill can be viewed at https://trackbill.com/bill/illinois-house-bill-26-sch-cd-internet-accessibility/1978129/ (opens in a new window).
[AUGUST 4, 2022 NEW YORK] The latest report by InsurTech company, AAAtraq (AAAtraq.com (opens in a new window)) on the Inclusivity of more than 600 Congressional websites shows that the majority of Congressional webpages are inaccessible to disabled users and that more than 9 out of 10 pages are vulnerable to litigation.
In today’s digital world, an organization’s website is just as important as their physical front door. For many, it is the first and last point of interaction with your organization/company. As such the design of your website is critical to your organization’s brand and its ability to survive.
Web developers are individuals/entities that create and maintain websites.1 Often contracted by 3rd parties (in this case your company being the client), web developers are responsible for creating, maintaining (in many cases), and testing the websites they service. Web developers can be sued for the inaccessible websites they create; however, the manner and rationale for said suit is a bit trickier to understand.
[JULY 27th, 2022 NEW YORK] AAAtraq, an InsurTech company, today announced its collaboration with the leading insurance pool in the mid-west, CLIC. The AAAtraq Risk Management Program (RMP) is now available to all CLIC members, and any Illinois public school district is eligible for the program via CLIC.
Tuesday July 26th, 2022 marks the 32nd anniversary of the enactment of the Americans with Disabilities Act of 1990 (ADA).
July has been another busy month for accessibility; with a mid-year report being released and it being Disability Pride Month.
Three years after the onset of the COVID-19 Pandemic, very few things are certain beyond the fact that life has forever been changed. Of the many adaptations to everyday life, one change that appears to be of a more permanent nature is the predilection to more flexibility in dining.
The largest minority group in the world is that of disabled individuals. Roughly 15% of the global population identifies as disabled, with roughly one in four American adults doing so.1 Inclusivity of disabled individuals into the economic sector remains a significant struggle for businesses.
External validation is a critical component of review for most organizations. External validation, as opposed to internal validation, holds greater credence in the review of work produced most closely associated with the internal activities of a business. Checking one’s own work can be problematic, as confirmation bias may veil the existence of real issues from being identified.
In June, AAAtraq released “Accessibility in Virtual Closings and Signings” (opens in a new window), the first part of a two-part series on how to make the closing process on real estate more accessible for disabled users. The former article focused primarily on the digital component of electronic closings (eClosing), particularly the different ways in which brokers and borrowers can engage in a closing that makes use of the digital format. The second part of the series, this article, will focus on the role of electronic signing (eSigning) in the process of eClosings and the subsequent preference for eSignings more broadly.
[JULY 1st, 2022 NEW YORK] Collective Liability Insurance Cooperative (CLIC), the leading insurance pool for school districts in Illinois, today announced its collaboration with InsurTech, AAAtraq; introducing a new risk management program for members, to protect them from the rapidly growing threat of litigation for website non-compliance with the Americans with Disabilities Act (ADA).
New data released by the Department of Labor’s Office of Disability Employment Policy indicates that web inaccessibility is amongst the most prevalent issues facing disabled users of the internet. Not only does inaccessibility limit individuals’ ability to engage with websites, but it has also been linked to a lower level of employment and can be causal of lower socio-economic status. In recognition of such information, many prominent officials have recognized the need for change and have sent a letter to the Department of Justice hoping to generate some forward movement on the issue.
June sees more interesting articles around the topic of Inclusion News.
Last week, AAAtraq VP Partnerships & Commercial, Rob Andrews, had the pleasure of being part of a panel hosting a CE course for the Surplus Line Association of California (SLA) on ‘The Yellow Click Road: Perils When Operating In An Online Environment’.
It’s been four years to the day since 103 members of the House of Representatives wrote to then-Attorney General Jeff Sessions, calling on his Department to mitigate the amount of litigation resulting from violations of the ADA on the grounds of inaccessible content on websites.1
While many of the recent technological developments in articles discussed by AAAtraq were brought about by about the reliance on digital during quarantine periods of the COVID-19 pandemic, the use of technology to engage in virtual closings in real estate and esignatures had already begun to ingratiate itself into modern real estate practice.
[JUNE 8th, 2022 NEW YORK] The latest report by InsurTech company, AAAtraq https://AAAtraq.com/ (opens in a new window) on the Inclusivity of more than 600 Congressional websites home pages shows that the majority of these pages are inaccessible to disabled users and that more than 9 out of 10 are exposed to litigation. The report also reveals the amount of money now being wasted by organizations on litigation costs – some $600,000,000 per month.
The simple answer: no! Widgets, as defined by the World Wide Web Consortium (W3C), are a “discrete user interface object with which the user can interact.” Widgets, and overlays, whose use is almost synonymous with that of the widget, engage with aspects of the website in the attempt to make it more user friendly and inclusive.
May, as always, has been a busy month for Inclusion news as we celebrated Global Accessibility Awareness Day (GAAD) on the 19th.
Let’s face it: for most people, there is too much to do and not nearly enough time in a day to complete everything. For businesses, not only is time an issue, but the unfortunate reality remains that too many just don’t have the resources to cover their necessities.
The Americans with Disabilities Act (ADA) applies to websites in addition to physical premises – and a recent audit shows that 97% of real estate websites in California, do not meet the requirements of the ADA. Leaving them exposed to the risk of litigation which is already costing $600,000,000 per month in legal demands.
April has continued to bring us many news pieces covering digital inclusion. In the last month, we’ve seen some significant pieces which we’ll highlight for you below.
These highlights include new sectors and big businesses targeted with lawsuits in US courts, pieces on the link between accessibility and search engine optimisation and much more!
[APRIL 26, 2022 CALIFORNIA] In the latest report, released today by InsurTech, AAAtraq https://AAAtraq.com/ (opens in a new window) it was revealed that almost 9 out of 10 California restaurants’ websites are non-complaint with the Americans with Disabilities Act (ADA), leaving them exposed to the risk of litigation by opportunistic lawyers.
The Americans with Disabilities Act (ADA) applies to websites in addition to your physical premises – and a recent report shows that 96% of restaurant websites in California do not meet the requirements of the ADA. Leaving them exposed to litigation which is already costing $600,000,000 per month in legal demands.
Institutions of Higher Education prove to be among the most progressive sectors in the current market when referring to disability policy.
All too often, for far too many, the arrival of a demand notice is the first indication as to the importance of not discriminating online.
[April 6th, 2022, CALIFORNIA] The latest report by InsurTech company, AAAtraq https://AAAtraq.com/ (opens in a new window) on the Inclusivity of restaurants website homepages (ADA Audit) is to be released on April 26th, 2022.
On Friday March 18th, 2022, the Department of Justice (DOJ) issued new guidance on web accessibility and its relationship with the Americans with Disabilities Act of 1990 (ADA).
The month of March hasn’t been a quiet one in terms of digital inclusion news. In the last month, we’ve seen some significant updates which we’ll highlight for you below.
On February 28th, 2022, over 170 disability organizations signed and issued a letter calling on the United States Department of Justice (DOJ) to finalize rules relating to online accessibility.1
On Friday February 25th, 2022, United States President Joseph R. Biden nominated Judge Ketanji Brown Jackson to replace retiring Supreme Court Associate Justice Stephen Breyer.
Adam Bialek (Partner / Wilson Elser) looks at the barriers presented by non-accessible websites and materials, the impact and risk.
2021 was a year unlike any other. As the world came together to respond to the pandemic that was devastating human life as we knew it, politics pushed people further apart. In the U.S., 2021 began on a somber note.
Disability organizations call on DOJ to finalize online accessibility rules
[MARCH 1st, 2022 NEW YORK] The latest report by InsurTech company, AAAtraq AAAtraq.com (opens in a new window) on the Inclusivity of Top 100 Shopify websites (ADA Risk Audit) has been released. The report reveals more than 9 out of 10 of the Top 100 Shopify websites are non-compliant with the Americans with Disabilities Act (ADA), leaving them exposed to the risk of litigation by serial plaintiffs.
National law firm, Wilson Elser, will present a webinar on “ADA Compliance for Websites: Risk Mitigation & Defense Strategies”.
Multiple pieces of technology are used by restauranteurs to assist with activities such as digital reservation making, automated check payment, and order placement. Such technology has been ushered in by the Digital Age and has made it so that customers enjoy a more relaxed dining experience.
The last month has seen more topics around digital inclusion being discussed. The theme of litigation continues to dominate and there is unlikely to be an end to that anytime soon.
[FEBRUARY 22, 2022 NEW YORK] In the latest report, released today by Insurtech, AAAtraq, it was revealed that more than 9 out of 10 higher education institutions’ websites are non-compliant with the Americans with Disabilities Act (ADA), leaving them exposed to the risk of litigation by opportunistic lawyers.
Your homepage is your digital front door. Much like an apartment or a house, there is so much to see beyond the front door. Like a homeowner is responsible for their property, website owners are responsible for maintaining all parts of their website. Such parts include the areas of the site not often noticed by most users.
[FEBRUARY 16, 2022 NEW YORK] The latest report by InsurTech company, AAAtraq AAAtraq.com (opens in a new window) on the Inclusivity of more than 2000 Higher Education website homepages (ADA Audit) is to be released on February 22, 2022.
[FEBRUARY 15, 2022 NEW YORK] The latest report by InsurTech company, AAAtraq AAAtraq.com (opens in a new window), evaluated more than 550 websites operated by members and committees of the 117th United States Congress on their websites’ inclusivity.
The recent boom of the real estate market in the United States has demanded much from those brokers and agents responsible for its success. As the market expanded, so too did the need for accessible entries into the market.
As mentioned in our previous article (opens in a new window), the growth of disability is a reflection on the historical and continuous redefining of what it means to be disabled.
Today’s highspeed world demands that individuals seek out the most efficient and convenient avenues to obtain the goods and services that they use in their everyday lives.
Subscribe to AAAtraq and enjoy complete cover and peace of mind