ADA Web Services is Your Solution to Digital Accessibility

Litigation has seen an unprecedented surge in recent years. This can range from large-scale corporations to small local businesses, and even certain governmental institutions may find themselves as targets of litigation. There have been 2,895 Website Accessibility Lawsuits in Federal Court in the year 2021 which was a 14% increase from 2020. These numbers do not account for the numerous demand letters sent out by attorneys which end up being settled and do not result in lawsuits, as well as suits filed in state courts which are harder to monitor. These suits have significantly increased the risk of litigation and could indicate a new trend of enforcement measures being brought against companies that are not properly adhering to ADA compliance standards.

The costs associated with an ADA lawsuit can be substantial and have the potential to have serious financial implications for any defendant. Generally, defendants will incur expenses for both their legal fees for defending the litigation, as well as those of the plaintiff’s attorney. Additionally, when considering costs, one must also factor in any additional costs that may arise during the litigation process. All in all, the cost of an ADA lawsuit can easily range from tens of thousands of dollars and upwards into the six figures. This is especially concerning if full remediation is not achieved; which has been known to attract ‘copycat suits’ or ‘serial filers’ who could significantly increase your outlay on legal costs and other associated expenses.

The ADA prevents private businesses that offer goods or services to the public (“public accommodations”) from discriminating against those with disabilities. This includes websites as well, which must have appropriate assistive measures in place for those with low vision, hearing impairments and physical limitation.

In order to ensure that every disabled individual has the ability to access and use a website, all websites must be coded with accessibility in mind. This means they must feature elements that are compatible with electronic screen readers – these readers are specifically designed to read aloud the visual elements of a webpage to those who have difficulty seeing them. Additionally, it is important for all live and pre-recorded audio content to include synchronous captioning for those hard of hearing or those with auditory impairments who may need additional assistance. Furthermore, websites should also be equipped with hundreds of keyboard combinations suited for disabled users so that they can easily navigate the Internet.

Yes! The Disabled Access Credit is an important credit available to qualifying businesses that are making an effort to ensure their websites are accessible. This tax credit can help provide relief for expenses related to web accessibility, up to a total of $5000. The Disabled Access Tax Credit applies on an annual basis, which means it can be applied yearly for businesses that follow the recommended guidelines of performing a website accessibility audit annually. To apply for the credit, you’ll need to complete IRS Tax Form 8826; Please reach out to your accountant or tax expert who will be able to guide you through the process.