Title III of the Americans with Disabilities Act (ADA) prohibits
discrimination on the basis of disability in places of public
accommodation, including restaurants, movie theaters, schools, day
care and recreational facilities, and doctors’ offices, and requires
new or remodeled public places, as well as privately owned
commercial facilities, to comply with ADA standards. This law,
enacted in 1990, does not specifically address website accessibility
for the disabled. But since 2006, when Target settled a class action
lawsuit alleging Target.com was inaccessible to the blind in
violation of the ADA, the issue of whether the law applies to
websites has been a much-discussed topic in the federal courts.
Courts are split on two issues.
The first is the threshold issue as to whether the ADA applies to
websites at all. The second issue relates to the degree in which the
ADA applies to websites. The Third, Ninth and Eleventh Circuit
courts apply the ADA only to websites that have a physical
connection to goods and services available at a physical store or
location. But the Second and Seventh Circuit courts apply the ADA
more broadly to include websites that lack “some connection to
Despite the split, one thing is for certain; the tide is moving
toward ADA compliance for websites.
The Department of Justice (DOJ) has
made clear that it interprets the ADA as applicable to websites,
and issued an Advanced Notice of Proposed Rulemaking (https://www.ada.gov/anprm2010.htm) that would
amend the language of the ADA to explicitly prohibit discrimination
with respect to websites. Additionally, private standards and market
signals, such as the Web
Content Accessibility Guidelines (WGAC 2.0) and website design
consulting services, indicate an expectation that websites will soon
need to be ADA compliant.
The above from
We audit web sites for
compliance with FFIEC and ADA guidelines.
Our clients in 41 states range in size from $12 million to more than
than $13 billion in assets.
Our clients include banks, savings and loan associations, and credit
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