Your business, school or enterprise has an obligation under the law to accommodate handicapped people in accessing your facilities. As more business moves to the Web, the US Justice Department is increasingly finding that websites must also accommodate disabled customers, students, patients, employees and job seekers. And this finding has led to more urgent action by many enterprises because of recent enforcement action.
In the past few months companies have been swamped by a surge in class action lawsuits filed against retailers and others claiming that a company's website does not comply with the Americans with Disabilities Act. Several law firms specializing in mass torts are aggressively pursuing substantial claims specifically against retailers, filing complaints that often allege dozens of ADA non-compliance issues. Notable brands involved in these cases include H&R Block, grocer Peapod, and several banks.
Courts have recently upheld the Justice Department's assertion that websites must comply with the ADA, without defining clear standards. Some defendant companies have completely overhauled their websites as a result of this gray area. However, reasonable adjustments to meet ADA compliance can be as simple as ensuring all text on your website can be read aloud by software designed for the visually impaired.
Our attorneys have developed defense, compliance, and preemptive strategies to address ADA website compliance complaints. To learn just how vulnerable your company is to these claims and how Womble Carlyle can help, please contact Ted Claypoole or Beth Jones.
Womble Carlyle client alerts are intended to provide general information about significant legal developments and should not be construed as legal advice regarding any specific facts and circumstances, nor should they be construed as advertisements for legal services.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any US tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).