Website & Design

ADA Compliance & Lawsuits

Understand with the lack of precise ADA guidelines and the fact that websites are not static, there is no such thing as a perfectly accessible website or application that is 100% compliant at all times and will automatically work for everyone with a disability. It is impractical to indicate that your website is 100% compliant at all times.

As the website owner, you are ultimately responsible for your website’s state of accessibility. It is the responsibility of the business owner to meet legal federal, state and local laws of accessibility.

Thoughts to keep in mind:

  1. Understand we are not attorneys and cannot advise our clients on how various regulations might apply due to the technical, functional and legal barriers in doing so. 
  2. The development standards (WCAG) are vague and development standards have not been made established law.
  3. Compliance depends on the age of the website as well as client choices, changes, and updates of which we have no control.
  4. When White Stone Marketing launches a new website, we run numerous checks regarding the technical aspects of ADA compliance. 

What can you do?

  1. Userway Widget – Many of our clients have added the Userway widget to their website. This is considered a screen overlay which assists readers with disabilities.  However, understand that this solution does not offer complete compliance.
  2. AccessiBe -Another solution is an artificial intelligence AI automated system that provides full ADA compliance within 48-hours of installation. It also provides ongoing 24/7 maintenance and testing designed to ensure that any new posts, pages, or content are compliant with the current ADA requirements. They also offer accessibility consulting as well as litigation support packages.
  3. Real Manual Assessment – There are several companies that offer real manual services (eSSENTIAL Accessibility, WebAIM, Deque, Paciello Group, UsableNet, Tenon, and Level Access) but the starting price is several thousand dollars for each assessment.

As always, White Stone Marketing is here to talk to you about compliance options available to you. If you would like to discuss this further, please reach out to Susan Galvin at susang@whitestonemarketing.com.

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