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ARTICLE · 23 JUNE 2016

ADA Litigation: Website Accessibility Claims On The Rise

While having a website is almost a mandatory aspect of operating a retail business, it's important to ensure that the website does not also market the business to potential lawsuits

United StatesEmployment and HR

In today's technology-driven society, retailers are increasingly using the Internet to provide information, goods, and services to the public. While having a website is almost a mandatory aspect of operating a retail business, it's important to ensure that the website does not also market the business to potential lawsuits. Websites have become the new hotbed of litigation brought under the Americans with Disabilities Act (ADA) and retailers who are increasingly relying on their Web presence need to take note.

What Does the ADA Require?

Title III of the ADA prohibits disability discrimination by places of public accommodation, including retail stores and shopping centers.

When Congress enacted the ADA in 1990, the existence of the Internet and the pervasiveness it holds in today's society was all but unfathomable. As such, the ADA does not specifically address website accessibility. However, as Congress expressly stated when passing the ADA, "the types of

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