
Robert E. Levy
Partner
201-896-7163 rlevy@sh-law.comPartner
201-896-7163 rlevy@sh-law.comWebsite accessibility is becoming a hot button issue, with regulators and disability advocates calling for more stringent requirements. For businesses, the lack of clear legal guidance has resulted in litigation, with companies like Target paying millions of dollars to settle class-action lawsuits. Other companies, including H&R Block, have entered into consent decrees with the Department of Justice (DOJ) that require them to make websites ADA compliant for people who have disabilities.
The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation. As early as 1996, the DOJ concluded that the ADA applied to the Internet, stating:
Covered entities under the ADA are required to provide effective communication, regardless of whether they generally communicate through print media, audio media, or computerized media such as the Internet. Covered entities that use the Internet for communications regarding their programs, goods, or services must be prepared to offer those communications through accessible means as well.
The federal courts, however, have reached differing conclusions regarding the extent to which the ADA applies to websites as well as the standards for determining compliance. To provide greater clarity, the DOJ is currently working on proposed revisions to its regulations implementing the ADA. According to the agency, the amended regulations will
expressly address the obligations of public accommodations to make the websites they use to provide their goods and services to the public accessible to and usable by individuals with disabilities under the legal framework established by the ADA. The proposed regulation will also clarify the scope of the obligation to provide accessibility when persons with disabilities attempt to access websites of public accommodations, as well as propose the technical standards necessary to comply with the ADA.
States and local governments are also taking steps to address website accessibility. Most recently, New York City passed a law requiring all government agencies to comply with the Web Content Accessibility Guidelines, which have become the default standard in the absence of federal regulations. While NYC is the first municipality in the United States to adopt website accessibility regulations, others are likely to follow.
Finally, ADA compliance should not be the only motivation to make your website fully accessible. Ultimately, universal design makes good business sense because it helps ensure that the site will work well for all potential customers.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
Author: Scott H. Novak
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!