ADA lawsuits for non-compliant websites are on the rise

In recent years, lawsuits against California businesses for non-compliant websites have surged. If your website has been flagged or you've been served, the immediate goals are to deal with the lawsuit and bring the site into compliance so it doesn't happen again.

Who needs an ADA-compliant website

The ADA prohibits discrimination against individuals with disabilities and requires businesses to make reasonable accommodations to ensure their products and services are accessible. Courts have read this to include websites for:

• Public accommodations: restaurants, hotels, retail stores
• State and local government agencies
• Private companies offering goods or services to the public
• Places of public accommodation: theaters, concert venues, gyms

What makes a website "compliant"?

Here's the awkward part: there are no federally promulgated rules specifically defining ADA compliance for websites. The Department of Justice (DOJ), which enforces the ADA, has stated that businesses are expected to follow the Web Content Accessibility Guidelines (WCAG) 2.0, developed by the World Wide Web Consortium (W3C). WCAG is widely accepted internationally and used by most courts as the benchmark.

WCAG 2.0 has three conformance levels: A, AA, and AAA. Level AA is the recommended target for most websites and the de facto standard courts apply.

WCAG's four principles

• Perceivable. Content must be presented in ways users can perceive, text alternatives for images, sufficient color contrast, captions for video.
• Operable. All functionality must be usable with a keyboard alone, navigation must be predictable, time limits must be adjustable.
• Understandable. Plain language, consistent layout, clear instructions.
• Robust. Works on a wide range of devices, browsers, and assistive technology.

Common compliance failures

• Missing alt text on images
• Insufficient color contrast between text and background
• Lack of keyboard navigation support
• Inconsistent or missing heading structure
• Audio/video content without captions or transcripts
• Forms with unlabeled inputs

If you've been sued

You have the same three options as in any ADA case: ignore, settle, or fight. Settlement is often quick and predictable; fighting requires the right counsel because most attorneys don't know how to litigate accessibility cases efficiently. Ignoring the lawsuit guarantees the worst outcome, default judgment plus mandatory remediation.

Either way, get the website remediated. Tools like WAVE and the W3C Web Accessibility Initiative are good starting points. A second lawsuit can land months after settling the first one if the underlying issues remain.

Skyline Business Law defends California businesses against website ADA lawsuits and helps remediate the underlying accessibility issues. Call (949) 287-6901 or text (949) 400-9200 for a free consultation.