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The United States Department of Justice (DOJ) recently proposed new standards of accessibility for websites and mobile applications run by state and local governments. The new rule will impact public programs and services related to employment, education, transit, and voting, among others.
Title II of the Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in all services, programs and activities of state and local governments. Title III of the ADA applies the same prohibition to businesses open to the public. Since 1996, the DOJ has taken the position that the ADA’s requirements apply to goods, services, programs and activities available through a website, and requires that websites be accessible to people with disabilities as they are considered “public accommodations” under the ADA.
The DOJ’s proposed rule is published in the Federal Register and is open to comments until October 3. 2023. The DOJ also published a fact sheet about the proposed rule. which includes the following requirements to improve accessibility for individuals with vision, hearing, cognitive and manual dexterity disabilities:
While the new standards will apply only to state and local governments and not to private businesses, they signal the DOJ’s commitment to using its enforcement authority to ensure website accessibility. The standards can serve as guidance for private businesses, as they may soon be subject to similar requirements.
In 2022, plaintiffs filed 3225 website accessibility lawsuits in federal court, an increase of 12% over 2021 and four times the 814 cases filed in 2017. Some of these claims did not originate in the employment context; rather they are brought by customers and other members of the public wanting to access a public-facing website. Disability claims in general (i.e., not specific to web accessibility) made up 21% of claims filed at the Mass. Commission Against Discrimination and 34% of claims filed at the Equal Employment Opportunity Commission in 2022. Employers should ensure that they are ADA compliant in digital aspects of their business to avoid legal challenges.
An audit of your organization’s website for accessibility can help you to identify obstacles to access for people with disabilities. The DOJ’s Guidance on Web Accessibility and the ADA, issued last year, is a good resource for employers seeking to improve accessibility on their websites.
Members with questions about the ADA, accessibility, or any human-resource matters, may call the AIM HR Helpline at 800-470-6277.
