DOJ Guidance On Website Accessibility Provides Little Clarity

Website accessibility lawsuits continue to be big business for plaintiffs' attorneys. Every year since 2018, over 2,000 of such suits have been filed in federal courts, and many other suits have been threatened and settled outside of the public eye. Part of the problem is the lack of clear guidance in this area. Although settlements provide some insights about what standards companies should use, they don't shed light on thornier issues, such as whether 100% compliance with those standards - something many experts think is not realistic - is required.

In 2010, the Department of Justice issued an Advance Notice of Proposed Rulemaking seeking comments on a variety of questions concerning the scope, applicability, and feasibility of website accessibility. The rulemaking efforts were delayed several times until 2017, when they were put on an "inactive list" by the Trump Administration. DOJ hasn't publicly addressed this area in much detail since then, until last month,