In recent years, plaintiffs have sent thousands of demand letters and filed hundreds of lawsuits alleging that businesses' websites are in violation of the Americans with Disabilities Act (ADA).
Poorly designed websites can create barriers to access for people with disabilities. Your website can be made more accessibile by providing:
- Text Alternatives (i.e., increasing font, braille, speech, symbols, or simpler language) Provide text alternatives for any non-text content so that it can be changed into other forms people need, such as large print, braille, speech, symbols or simpler language.
- Pre-recorded Audio-only or Video-only Content
- Color Distinctions by Separating the Foreground from the Background
Although federal courts have disagreed about whether the ADA applies to websites, proponents argue that websites are "places of public accommodation" and therefore cannot discriminate against individuals on the basis of disability. Meanwhile, the Department of Justice (DOJ), the agency responsible for enforcing the ADA, is expected to issue rules or regulations for website compliance with the ADA in 2018 (But note: the DOJ has clearly stated that it interprets the ADA to apply to websites).
In the interim, prudent businesses have begun taking precautionary measures to ensure their websites are accessible to individuals with disabilities, as well as to fend off allegations from plaintiffs. In this webinar, we will review Section 508 Standards and Web Content Accessibility Guidelines (WCAG-2.0) Level AA, which define how to make websites more accessible for individuals with disabilities. You will learn how to conduct a self-audit of your website for ADA complaince. We will discuss various insurance policies, and emphasize the importance of reviewing your policy to ensure there are no terms that bar coverage for an ADA website claim.
After attending this webinar, you will be better prepared to improve the accessibility of your website either internally or with the assistance of a website developer.
- Explore How Web Content Can Potentially Violate the ADA
- Examine Title III of the ADA, Which Prohibits "Places of Public Accommodation" from Discrimination on the Basis of Disability
- Discuss Demand Letters and Litigation, and How to Prevent Being Targeted by Plaintiffs
- Conduct a Self-Audit of Your Website for ADA Compliance. Identify Potential ADA Violations Based On "Access Barries" on Your Website(s).
- Discuss How to Meet the Web Content Accessibility Guidelines (WCAG-2.0) Level AA, which the DOJ Suggests are an Appropriate Benchmark for ADA Compliance
- Develop an Action Plan For Providing an Accessible Website. Steps Could Include: Discuss Various Insurance Policies. Do You Have an Employment Practices Liability Policy and/or a Media Liability Policy? Do These Policies Extend Coverage to Third-Parties?
- Establishing, Implementing, and Posting Online a Policy that Your Webpages Will be Accessible and Create a Process for Implementation.
- Periodically Enlisting Disability Groups to Test Your Pages for Ease of Use; Use the Feedback to Increase the Accessibility of Your Website.
- Analyze Alternative Accessible Ways for the Public to Use Programs or Services. For Example, Would a Staffed Telephone Information Line Be a Suitable Alternative? If so, under what Circumstances?
Who Should Attend?
ADA Compliance has become a pivotal issue for Financial Institutions, Universities, Retailers, Hotels, and even Mom & Pop Shops that Maintain Websites. Quite literally, every business or other entity that maintains a website ("a place of public accommodation") is open to scrutiny and litigation.
This informative session will be especially beneficial for:
- Risk Management Personnel
- Chief Compliance Officers
- Compliance Officers/Professionals
- Internal Auditors
- Audit Staff
- IT Officers and Personnel
- Senior Management
- Board of Directors
- C-Suite Titles