Table of Contents
Introduction
Having an ADA compliant website is something that is becoming increasingly more paramount. As website functionality continues to improve, so too does the expectation that it will become easier to navigate, for those with disabilities and without.
After all, an estimated 48.9 million people in the U.S. are considered disabled. While those of us who don't have disabilities may take website navigation for granted, whether it be desktop or mobile, this isn't the case for these 48.9 million individuals.
For this reason, an ADA compliant website is becoming the standard—not the exception.
Key Stat: 71% of users with disabilities will immediately leave a website that isn't accessible. That's nearly 35 million potential customers bouncing from non-compliant sites.
What Is the ADA?
The Americans with Disabilities Act (ADA) was passed in 1990. It was a civil rights act that prohibited the discrimination of individuals with disabilities in all areas of public life. This included public places, job locations, hiring of said jobs, schools, transportation and so on.
Then in 2008, the Americans with Disabilities Act Amendments Act (ADAAA) modified the definition of a disability. They also expanded the limits of what could be considered discrimination. One of those areas newly-appointed as possibly being discriminatory is company websites and mobile apps.
The Domino's Pizza Lawsuit: A Wake-Up Call
A perfect example of this is the Domino's Pizza lawsuit, where a blind man was unable to complete his online order and sued the pizza giant as a result. The end result was a Supreme Court ruling in favor of the man filing the suit.
Worse, the court didn't even give Domino's Pizza the opportunity to give their reasoning for whether or not it is required for them to have an ADA compliant website.
While we empathize with the victim in this situation, it's easy to see why Domino's didn't have an ADA compliant website: they weren't aware. This hasn't been widespread news.
The Reality Check: If Domino's Pizza—a publicly-traded company on the New York Stock Exchange with a team of lawyers—isn't aware of the regulations, how should you be expected to know? That's where we can help.
Web Content Accessibility Guidelines (WCAG)
While the ADA doesn't provide specific technical standards, courts have widely adopted the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as the benchmark for compliance. Here are the core principles:
| Principle | What It Means | Key Requirements |
|---|---|---|
| Perceivable | Information must be presentable to users' senses | Alt text for images, captions for videos, sufficient color contrast |
| Operable | Interface must be operable by all users | Keyboard navigation, no time limits, seizure-safe content |
| Understandable | Information and operation must be clear | Readable text, predictable navigation, error prevention |
| Robust | Content must work with assistive technologies | Valid HTML, ARIA labels, screen reader compatibility |
What Happens if My Website Is Not Compliant?
The Domino's Pizza lawsuit isn't an anomaly. According to UsableNet, nearly 2,300 lawsuits related to ADA compliance on websites were filed in 2018 alone.
Attorneys are targeting companies with websites that are non-compliant and filing lawsuits against companies of all sizes.
Small Businesses Are Prime Targets
Think large corporations are the sole targets of these lawsuits? Think again.
We have worked with several small businesses in the Miami area alone that have been slapped with fines over $20,000. These companies were still required to remediate their website to meet with ADA regulations.
The Financial Impact: Fines for not being ADA compliant could range from $20,000 - $40,000 for first-time violations. Repeat offenders can face fines up to $100,000. For small businesses, this could be crippling.
Beyond the Fines
- Legal fees: Defense costs can easily exceed $50,000 even if you win
- Remediation costs: Emergency website fixes cost 3-5x more than proactive compliance
- Reputation damage: Negative publicity from lawsuits can impact customer trust
- Lost revenue: Inaccessible websites turn away millions of potential customers
- Class action risk: One lawsuit can expand to represent thousands of affected users
Could you imagine having to close your business's doors over a website fine?
3 Reasons to Have an ADA Compliant Website
As a marketing firm with our own team of web developers and researchers, we know the importance of having an ADA compliant website and have solutions, that when combined with an effective liability insurance policy can help protect your business from significant loss, as well as help you to do the right thing by allowing potential clients and others with disabilities to navigate and interact with your website.
Your site could also benefit organically from being an ADA compliant website in the following ways:
1. Improves SEO Efforts
It just so happens that many regulations to make your site compliant are also good rules of SEO. Google "crawls" sites and looks for certain things like descriptions of images and videos in the form of readable text.
If you have an ADA compliant website, your images will all have descriptions. This—and other aspects of ADA compliance—are SEO-friendly. The result: higher Google rankings.
SEO Benefits of ADA Compliance
- Alt text for images: Helps search engines understand your visual content
- Proper heading structure: Improves content hierarchy for crawlers
- Transcripts for audio/video: Creates indexable text content
- Descriptive link text: Better context for search engines
- Improved site structure: Easier navigation = lower bounce rates
2. Increases Target Audience
Remember those 48.9 million Americans with disabilities? Having a site they can easily—and happily—use will increase overall traffic to your website…and isn't that your number one goal?
But it's not just about the disabilities community. ADA compliance improves usability for everyone:
- Older adults: Larger text and better contrast help aging eyes
- Mobile users: Keyboard navigation translates to touch-friendly interfaces
- Slow connections: Optimized images and clean code load faster
- Non-native speakers: Clear language and structure aid comprehension
- Temporary impairments: Broken arm, eye strain, or situational limitations
Market Opportunity: The global disability market represents $13 trillion in annual disposable income. Accessible websites tap into this massive, underserved audience.
3. Help Your Reputation
There are a lot of individuals who struggle with everyday website and smartphone use because of the limitations on most websites. Imagine the satisfaction and inclusion they must feel when they can simply log onto your site and navigate it without issues or roadblocks.
Your overall business could thrive from this one simple, yet meaningful change.
Brand Benefits of Accessibility
- Social responsibility: Demonstrates commitment to inclusivity and equality
- Customer loyalty: Users with disabilities become brand advocates
- Positive PR: Accessibility initiatives generate goodwill and media coverage
- Competitive advantage: Stand out in industries where compliance is rare
- Employee morale: Staff proud to work for an inclusive company
The Bottom Line: 76% of consumers with disabilities will choose a competitor if your website isn't accessible. Inclusivity isn't just ethical—it's profitable.
Conclusion
ADA website compliance is no longer optional—it's essential. With thousands of lawsuits filed annually, fines reaching $40,000 or more, and the potential to alienate nearly 50 million Americans with disabilities, the risks of non-compliance far outweigh the investment.
But beyond avoiding lawsuits, an accessible website improves your SEO, expands your audience, and builds a reputation as an inclusive, socially responsible business.
The question isn't whether you can afford to make your website ADA compliant—it's whether you can afford not to.
Is Your Website ADA Compliant?
Our team can perform a comprehensive accessibility audit, implement WCAG 2.1 AA compliance, and protect your business from costly lawsuits while improving your SEO and user experience.
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