Did you know that over 4,000 ADA website accessibility lawsuits were filed in a single year? And that number is growing rapidly. Small businesses are being targeted by serial litigants who identify accessibility violations and file lawsuits demanding settlements.
But beyond the legal risk, website accessibility is simply the right thing to do. Over 61 million Americans live with a disability, and many of them rely on assistive technologies to browse the web. If your website isn't accessible, you're excluding a significant portion of potential customers.
What Is ADA Website Compliance?
The Americans with Disabilities Act (ADA) requires that places of "public accommodation" be accessible to people with disabilities. Courts have consistently ruled that websites qualify as public accommodations — meaning your website must be accessible to people with disabilities.
The standard used for web accessibility is the Web Content Accessibility Guidelines (WCAG), currently at version 2.1. These guidelines have three levels:
- Level A — Minimum accessibility (bare minimum compliance)
- Level AA — The target standard for most businesses (what most courts require)
- Level AAA — Maximum accessibility (ideal but not always practical)
Who Needs to Care About This?
If you have a website and you do business with the public, this applies to you. This includes:
- Retail stores and e-commerce sites
- Restaurants and food service businesses
- Healthcare providers
- Law firms
- Financial institutions
- Education and training providers
- Government agencies and contractors
- ANY business that serves the public
Common Accessibility Issues (And How to Fix Them)
1. Missing Alt Text on Images
The Problem: Screen readers (used by visually impaired visitors) can't describe images without alt text. The user hears nothing, or worse, the file name.
The Fix: Add descriptive alt text to every meaningful image. For decorative images, use an empty alt attribute (alt="").
2. Poor Color Contrast
The Problem: Light gray text on a white background is hard to read for people with low vision or color blindness.
The Fix: Ensure a contrast ratio of at least 4.5:1 for normal text and 3:1 for large text. Tools like the WebAIM Contrast Checker can help.
3. No Keyboard Navigation
The Problem: Some people can't use a mouse and navigate entirely with a keyboard. If your site can't be navigated with Tab, Enter, and arrow keys, it's inaccessible.
The Fix: Ensure all interactive elements (links, buttons, forms) are keyboard accessible with visible focus indicators.
4. Missing Form Labels
The Problem: If form fields don't have proper labels, screen reader users don't know what information to enter.
The Fix: Every form field needs an associated label element that describes what it's for.
5. No Video Captions
The Problem: Deaf and hard-of-hearing visitors can't access video content without captions.
The Fix: Add closed captions to all videos. YouTube can auto-generate captions, but review them for accuracy.
6. Inaccessible Navigation
The Problem: Complex dropdown menus, hamburger menus that can't be opened with a keyboard, and dynamic content that screen readers can't detect.
The Fix: Use semantic HTML, ARIA labels, and test navigation with a keyboard and screen reader.
The Legal Risk
Website accessibility lawsuits are big business for certain law firms. Here's what you need to know:
- Average settlement: $5,000-$25,000 for small businesses
- Large company settlements: $50,000-$300,000+
- Legal fees: Even if you win, defending costs $10,000-$50,000+
- Repeat violations: If you fix the issues but they come back, you can be sued again
The most cost-effective approach? Build your website accessibly from the start. Retrofitting an existing site costs more than building it right the first time.
Business Benefits of Accessibility
Beyond avoiding lawsuits, accessibility actually helps your business:
- Larger audience — 26% of US adults have a disability. That's a huge market you might be excluding
- Better SEO — Many accessibility practices (alt text, proper headings, clean code) also improve SEO
- Improved user experience — Accessible sites are easier for everyone to use, not just people with disabilities
- Brand reputation — Being inclusive is increasingly important to consumers
- Legal protection — Proactive compliance is your best defense against lawsuits
My Approach to Accessibility
Every website I build includes accessibility best practices as standard:
- Semantic HTML structure
- ARIA labels where needed
- Proper color contrast ratios
- Keyboard navigation support
- Alt text on all images
- Accessible forms with proper labels
- Skip navigation links
- WCAG 2.1 Level AA compliance testing
Don't Wait Until You Get Sued
The time to address accessibility is now — before a lawsuit shows up. Whether you need a new accessible website or want to audit your existing one, I can help.
