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ARTICLE · 05 NOVEMBER 2020

Proposed 'Online Accessibility Act': Will It Limit ADA Website Accessibility Lawsuits?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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The number of website accessibility lawsuits continues to increase. On October 2, 2020, the Online Accessibility Act was introduced in the US House of Representatives.

United StatesEmployment and HR

The number of website accessibility lawsuits continues to increase. On October 2, 2020, the Online Accessibility Act was introduced in the US House of Representatives. If enacted, it will limit private lawsuits under the Americans with Disabilities Act (ADA).

The Online Accessibility Act proposes to create a new section of the ADA devoted entirely to consumer-facing websites and mobile apps. If enacted, it will:

1.  Require only "substantial" compliance with WCAG 2.0 Level A, AA, or "any subsequent update, revision, or replacement to the WCAG 2.0 Level A and Level AA standard published by the World Wide Web Consortium or successor organization." (Note: WCAG 2.1 was released two years ago, and WCAG 2.2 is in the works.) The proposed bill also allows for an "alternative means" of "equivalent access" to digital content-without specifying what this might mean.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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