ADA Compliance and the Web

Law.com’s Legal Technology posted an article on 6 September entitled “Companies, Courts Debate Whether ADA Applies to Web Sites”. What I find amusing about this article is the posturing by various companies. Everyone’s favorite discount-upscale retailer, Target, only made changes after being sued by the National Federation of the Blind. Southwest Airlines, another brand that makes people “feel good” with their laid back operations apparently has been fighting with the disabled.

The executive management at both organizations should pay attention to two critical facts:

1. Manage your reputation! Generally speaking, the disabled have a hard enough time dealing with access to facilities in the physical world. Ever find a perfectly fit person in a handicapped parking spot? How about sidewalks that aren’t plowed, making it nearly impossible for those in a wheelchair to get around. Unlike the real world, any well executed website can incorporate accessibility components rather easily. If your website can’t adapt, fire your agency.

2. Web accessibility has been on the books for years. Ever hear of Section 508? Section 508 is NOT part of the ADA, rather an amendment to The Rehabilitation Act of 1973. Here’s a summary of the scope and intent (from the aging ittatc.org site):

Section 508 of the Rehabilitation Act requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, they shall ensure that this technology allows:

  • Federal employees with disabilities to have access to and use of information and data that is comparable to that by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency, and
  • Individuals with disabilities, who are members of the public seeking information or services from a Federal agency, to have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities.

There are other programs, such as the Web Accessibility Initiative of the W3C, but I doubt most web agencies ever go to The World Wide Web Consortium site.

I personally don’t believe the government should regulate the web in any fashion. However, companies should take advantage of existing resources to both attract customers and maintain a positive reputation.


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