Pandemic-fueled uptick in online activity likely to give rise to accessibility lawsuits

With the COVID-19 outbreak forcing most of us to either shelter in place or severely limit our outside activities, people everywhere are online more than ever. As a result, website accessibility lawsuits under the Americans with Disabilities Act (ADA) are expected to increase sharply. Title III of the ADA requires places of public accommodation with websites (including retail businesses) to ensure the sites are accessible to everyone, including visually impaired individuals using screen-reading software. 

Online retail accessibility

When it comes to shopping, online retailers should be aware that if their websites have barriers to accessibility, it may be only a matter of time before they receive a demand, or a lawsuit, from a disabled customer who cannot use the site. Customers who were previously willing to ignore accessibility issues because they could just visit a physical retail location may no longer have that option because of shutdowns, stay-at-home orders, or simply new customer preferences for contactless purchasing options.

Places of public accommodation with customer or public-facing websites should ensure they are free of barriers to accessibility and compliant with commonly accepted  standards—such as WCAG 2.0 or 2.1—and seek legal counsel to help with accessibility policies if they receive a demand letter or are sued.

Telework and the ADA