In the digital age, your website is more than a marketing tool—it’s an essential extension of your business. But if your website is not accessible to individuals with disabilities, you could be exposing yourself to serious legal risks. ADA non compliant websites are increasingly the target of lawsuits, as courts have ruled that websites fall under the Americans with Disabilities Act (ADA) when they act as an extension of a physical business.
ADA compliance ensures that people with visual, hearing, cognitive, and motor disabilities can access your website and its content. If your site is considered a non ADA compliant website, it may lead to costly legal disputes, reputational harm, and lost business opportunities. Below, we explore seven red flags that could indicate your website is ADA non compliant and potentially vulnerable to legal action.
1. Lack of Alt Text for Images
Alternative (alt) text provides descriptions of images for users who rely on screen readers. If your website contains decorative, informative, or product images without alt text, users with visual impairments won’t be able to understand what those images represent. This is one of the most basic yet critical elements of accessibility. An ADA non compliant website often ignores this requirement, leaving visually impaired users without access to key content.
2. Inaccessible Navigation and Menus
Drop-down menus, complex navigation structures, and dynamic elements that don’t respond to keyboard commands can be major barriers for users who cannot use a mouse. A compliant website allows full navigation via keyboard, including tabs, arrows, and screen reader shortcuts. If users can’t easily navigate your site without a mouse, that’s a clear sign of non-compliance.
3. Videos Without Captions or Transcripts
If your site includes video content but lacks closed captions or text transcripts, it excludes users who are deaf or hard of hearing. ADA guidelines require that multimedia content be accessible to everyone. The absence of captions is a common issue among non ADA compliant websites and is often cited in lawsuits.
4. Poor Color Contrast and Inaccessible Fonts
Design aesthetics can sometimes undermine accessibility. Low contrast between background and text, overly small fonts, or stylized typefaces can make content difficult or impossible to read for people with visual impairments, including color blindness or low vision. Websites must follow WCAG (Web Content Accessibility Guidelines) standards for contrast ratios and font readability.
5. Forms That Can’t Be Read by Screen Readers
Online forms are essential for e-commerce, contact pages, and registrations. If your forms lack proper labels or use non-standard HTML, screen readers may not be able to interpret them. Users relying on assistive technologies may be unable to submit information, which can lead to frustration and exclusion—and qualifies your site as an ADA non compliant website.
6. No Skip Navigation or Landmark Roles
Many assistive devices allow users to “skip” to main content or navigate by landmarks (such as headers and footers). If your website doesn’t provide these navigation aids, it forces users with disabilities to manually scroll through repetitive content on every page. This violates key accessibility principles and is a hallmark of a non ADA compliant website.
7. Lack of an Accessibility Statement or Policy
An accessibility statement signals your organization’s commitment to inclusivity. It outlines the steps you’ve taken to comply with ADA standards and provides users with a way to report accessibility issues. While not mandatory, the absence of such a statement could make your site appear indifferent to accessibility concerns—something that may be scrutinized in a legal dispute.
Legal Risks of ADA Non Compliance
Over the past decade, there has been a surge in lawsuits targeting ADA non compliant websites. The legal basis comes from Title III of the ADA, which prohibits discrimination by “places of public accommodation.” Courts have increasingly interpreted this to include websites, especially if they are associated with physical locations like stores, restaurants, or service centers.
Penalties can include court-ordered remediation, attorney’s fees, and damages. More importantly, ADA lawsuits are often initiated without warning. Plaintiffs may use automated tools to scan websites for violations before filing complaints, and many businesses are caught off guard.
How to Protect Your Business
Ensuring ADA compliance requires a proactive approach. Here are a few steps you can take:
- Conduct a full website accessibility audit using tools like WAVE or Axe.
- Consult with accessibility experts or web developers familiar with WCAG guidelines.
- Train your content creators on inclusive practices, such as writing alt text and using proper heading structures.
- Regularly test your site with screen readers and keyboard-only navigation.
By addressing the red flags mentioned above, you not only reduce your legal exposure but also enhance your brand’s reputation and reach a broader audience.
Conclusion
ADA compliance is not just a legal requirement—it’s a moral and business imperative. ADA non compliant websites are more than a risk; they’re a lost opportunity to serve every potential customer with dignity and respect. If you suspect your site might be a non ADA compliant website, it’s time to take action before a legal challenge arises. For businesses concerned about compliance and potential lawsuits, legal firms like Zemel Law can provide guidance on how to navigate the complexities of ADA-related cases and help protect your digital presence.