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Can my law firm be sued for a not having an WCAG & ADA compliant website?

ADA - Americans With Disabilities Act
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The Web Content Accessibility Guidelines (WCAG) and the Americans with Disabilities Act (ADA) requires mandatory website compliance for businesses open to the public along with state and local government agencies. Compliance means making websites and digital content accessible to people with disabilities.

You do risk being sued if your law firm’s website does not meet ADA standards. Consequences could include penalties, huge fines, and expensive settlements.

Who Needs to Follow ADA Compliance Rules?

Your site must follow ADA compliance rules if you are:

  • A business (law firm) that provides a service for the benefit of the public
  • A state or local government agency
  • A company (law firm) with at least 15 employees*

*There isn’t a clear-cut legal reason why small businesses with less than 15 employees are exempt from ADA compliance for websites and digital content. It’s important to remember that this exemption is not a legal right. The U.S. Department of Justice (DOJ) hasn’t issued any official regulations specifically exempting small businesses from website accessibility. There have been lawsuits filed against small businesses for inaccessible websites, so it’s not a guaranteed safe zone. It is still good practice to make your website accessible whenever possible.

Financial Risks of Non-Compliance

Federal law allows fines of up to $75,000 for the first violation and $150,000 for additional ADA violations. States and local governments may allow additional fines.

Understanding ADA Website Compliance Requirements

You need to understand the requirements of Website Accessibility Under Title II of the ADA. ADA website compliance ensures that your website is accessible to everyone regardless of their ability (ex. hearing or visual impairment).

The Cost of ADA Website Compliance

Cost of compliance can vary but are usually not expensive. The first step is to conduct an ADA website compliance audit. Some company audits start at $1500. Once you complete your audit, then you need to make updates to ensure your site is complaint. These costs could be $3000 – $5000 or more, depending on what needs to be done. While this may seem costly, it is better than setting a $75,000+ lawsuit.

Automated Solutions for ADA Compliance

There are software companies like accessiBe, that provide WCAG & ADA capabilities that can be easily integrated onto your law firm’s website. For more information or to get started, click here.

Additional Resources for ADA Compliance

Web Content Accessibility Guidelines (WCAG)
GSA – Section 508 Compliance
Guidance on Web Accessibility and the ADA
The Verdict is Marketing Podcast: Web ADA Compliance with Brenda Pagliaro

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