Running a startup can be quite challenging especially when you have to navigate the laws that govern your industry. Besides obtaining the permits to operate your business it’s also essential to ensure compliance with obligations such, as data privacy and the Americans with Disabilities Act (ADA). In this article, we will delve into why ADA compliance is more than another task on your checklist and discuss how failing to adhere to ADA regulations can have detrimental effects, on your business.
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What is the ADA?
The Americans, with Disabilities Act (ADA) is the result of advocacy efforts by and for people with disabilities. It was officially passed into law in 1990. Underwent an amendment in 2008. This legislation carries importance as it represents a milestone, in the field of disability rights. It is widely credited for requiring businesses and other entities to add accommodations to their physical facilities. It also ensures that people, with disabilities are safeguarded against any form of discrimination in their roles, as employees or customers.
Although the ADA does not specifically address websites and online entities the Department of Justice has consistently asserted that websites are public accommodations covered by ADA. While the ADA does not provide instructions, for ensuring accessibility it does refer to the Web Content Accessibility Guidelines (WCAG) as a useful source of guidance.
Why should your website be ADA-compliant?
The Americans, with Disabilities Act (ADA) is a law that applies to both government agencies (Title II) and private entities (Title III). The importance of accessibility is being recognized by both state and federal governments. For instance, New York State has mandated ADA compliance, for vendors since June 2023. Several other states are also working on implementing laws that will require vendors to have ADA-compliant websites.
Having an ADA-compliant website offers advantages for your business. Firstly it allows you to operate and compete for government contracts, in states, which opens up opportunities to reach clients. Additionally, since the ADA aligns with the Web Content Accessibility Guidelines (WCAG) ensuring ADA compliance will likely make your website compliant with accessibility laws, in countries and regions well. For instance, it could meet the requirements of the European Accessibility Act.
At a glance, the ADA may be simply another requirement to follow. However, adhering to ADA compliance goes beyond safeguarding against accessibility lawsuits. By implementing WCAG success criteria you can enhance your website’s performance, through practices, like providing alt text for images utilizing clear headings and subheadings ensuring proper color contrast, and video captioning content. These enhancements do not contribute to improved search engine rankings. Also results in increased website traffic and reduced bounce rates.
Consequences of non-compliance with the ADA
What occurs if your website fails to meet ADA standards? One of the issues you should be worried, about is the rise in lawsuits related to ADA compliance that businesses face annually. It has been estimated by experts that in 2023 than 4,200 lawsuits of this nature were filed, which is a substantial increase compared to the 2,314 lawsuits filed back in 2018. These legal actions have resulted in fines and settlements that could have been avoided if those filing complaints were more knowledgeable, about the ADA and WCAG guidelines. These costs are something your business cannot afford in the startup stages, especially if you’re trying to attract investors who are increasingly becoming conscientious of accessibility.
Than 80% of these actions have targeted e-commerce companies with the food and education industries ranking second and third respectively in terms of the number of lawsuits relating to digital accessibility. These trends point towards one thing: Across all industries, users with disabilities are starting to become more aware of their rights and are demanding more accountability for businesses that are slow to adopt accessibility, and both customers and stakeholders are starting to listen.
ADA compliance: Opening new frontiers for your business
Although achieving ADA compliance can be a journey the advantages it brings are well worth the effort. Adhering to the ADA guidelines will safeguard your business against lawsuits that could harm your reputation. Moreover, it will create opportunities, for growth especially if you plan to enter markets, like Europe and Canada where WCAG is recognized as the accessibility standard. Finally, ADA compliance will help you tap into the market of individuals with disabilities. Starting your accessibility journey as a startup will embed inclusivity into your corporate DNA and help build customer loyalty.
