Is ADA Compliance Mandatory for Websites?

In today's digital age, ensuring accessibility for all is not only a moral responsibility but also a legal obligation. The Americans with Disabilities Act (ADA) was enacted in 1990 to ensure equal rights and opportunities for people with disabilities, and over time, it has extended its reach to the digital world. As the digital landscape continues to evolve, ADA compliance has become a crucial consideration for businesses and organizations operating online. 

As HubSpot Gurus and SEO website builders, Vested Marketing is taking action to guarantee that our clients are familiar with ADA compliance and its relationship to web accessibility, while simultaneously teaching what can be done to minimize the risks of legal ramifications.   

In this blog post, we will explore the following:

1. How do ADA laws affect the digital world?
2. Is ADA compliance mandatory for all websites?
3. Can I be sued for my website not being compliant?
4. How do I make my website ADA compliant?

How do ADA laws affect the digital world?

The ADA was originally introduced to eliminate discrimination against individuals with disabilities in public spaces. However, since 2018, a clear consensus has emerged that ADA compliance has expanded to include digital platforms. In 2022, the Department of Justice (DOJ) restated and provided further clarity on its previous decision, affirming that websites qualify as public accommodations. This is because the internet has become an integral part of everyday life, offering essential services, information, and communication channels. ADA laws now mandate that websites, apps, and other digital properties be accessible to individuals with disabilities, ensuring that they can interact with online content in the same way as those without disabilities.

Are you a web developer? We've put together a set of ADA guidelines to help you ensure you're building with ADA compliance in mind!

Is ADA compliance mandatory for all websites?

Yes, ADA compliance is indeed mandatory for virtually all websites. The ADA doesn't explicitly mention websites, but it prohibits discrimination on the basis of disability in places of public accommodation. Courts have interpreted this to include websites and digital platforms.

Web accessibility guidelines

Additionally, the Web Content Accessibility Guidelines (WCAG) 2.1, developed by the Web Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C), offer comprehensive guidelines on making web content accessible. These guidelines are often considered the industry standard for web accessibility.

In addition to enhancing accessibility and compliance, incorporating AI voice overs on websites not only ensures ADA compliance but also provides a user-friendly experience, allowing visitors to consume content effortlessly, fostering inclusivity and engagement.

Can I be sued for my website not being compliant?

Absolutely. Failure to make your website ADA compliant can result in legal consequences. Individuals with disabilities have filed lawsuits against businesses and organizations with inaccessible websites, arguing that these sites are in violation of the ADA. Such lawsuits have led to settlements, fines, and legal fees, emphasizing the importance of taking ADA compliance seriously.

How do I make my website ADA compliant?

Incorporating ADA guidelines and ensuring your website is ADA compliant is a vital step towards fostering an inclusive digital environment. Vested takes steps to ensure we are closely following ADA guidelines by using CLEAN Pro theme in Hubspot which was designed with ADA Compliance in mind. It can also offer benefits, such as tax benefits and increased traffic with improved SEO. Another key part of this process is creating a Voluntary Product Accessibility Template (VPAT), which evaluates your website’s adherence to accessibility standards like WCAG. A VPAT not only demonstrates your commitment to accessibility but also simplifies the process of identifying and addressing compliance gaps. ADA compliance is important in all industries, including engineering, fabrication, manufacturing automation, healthcare, ketamine and IV therapy,  and more. By adhering to WCAG standards and prioritizing web accessibility solutions, you can make your platform welcoming to all users, regardless of disabilities.

Free ADA compliance audit

To take the first step towards ADA compliance, consider our free ADA compliance audit for your website. This assessment will provide valuable insights into areas that may need improvement, helping you create a more accessible and inclusive online space for everyone, while also helping you to avoid legal action.

Have more questions? You can contact us here!

About Vested Marketing

As a certified HubSpot Partner Agency, we not only understand the benefits of using the inbound marketing platform to increase traffic and engagement, improve SEO, generate leads, design effective websites and boost sales, we know how to make it happen.

We are inbound marketing experts, SEO gurus and top-notch website developers.

Our team of Engineers Turned Marketers can help get you noticed - for a more innovative and effective way to reach customers, or provide a more seamless way for companies to find your services. Inbound Marketing has no limit to industry, serving from Crypto & NFT, mining, oil and gas, technology & automation, engineering, technology, construction, healthcare, to industrial & manufacturing.