With the recent October 8, 2019 decision of the Supreme Court not to hear the
Dominos Pizza ADA website and app case, the concern over ADA compliant websites and online purchasing software is growing not only through hospitality industry, but for all online retailers. Here are some of the most frequently asked questions:
What is ADA compliance?
The Americans with Disabilities Act (ADA) is a civil rights law that was enacted in the early 1990's to protect individuals with disabilities from discrimination. In 2010 it was updated to include website accessibility.
On March 15, 2012, new regulations implementing Title III (Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities) of the ADA took effect, some lawyers in Florida and other parts of the country use the interpretation of
28 C.F.R. §36.302(e) to sue inns, bed and breakfasts, motels, hotels and other places of lodging by declaring that websites and online booking engines discriminate against those with disabilities.
What properties are exempt from Title III ADA compliance?
There are two kinds of ADA compliance, physical property and website or online retailing. There are properties exempt from physical property ADA compliance such as handrails in bathrooms, ramps at entrances, pool lifts, service animals, etc.
According to federal guidelines properties that are exempt have both of the following:- 5 units or less
- Property owner lives on-site
Religious organizations are exempt from physical property ADA requirements. Historical properties may also be exempt from certain aspects of title III requirements, but property owners need to verify based on local state and federal requirements.
However, the implication of the Domino's pizza case is that most if not all websites and apps are not exempt from online ADA compliance regardless of size of property or business.
What are the best tools to check physical ADA requirements?
Some of the best tools are found at
https://adachecklist.orgWhat are the challenges to online ADA compliance? Is there a federal standard?
The biggest challenge is that technology is always evolving.
In 2010, the Justice Department said that it would create website-access guidelines similar to what it did in regards to physical property ADA requirements. It then delayed the rule-making and has yet to make any definitive rules.
The clearest set of guidelines from the DOJ came in an August 2016 case in which the Department of Justice ruled that University of California Berkley should use WCAG (Web Content Accessibility Guidelines) as the standard for accessibility. Currently all government websites are required to have and follow WCAG AA requirements.
As of February 2019, there are no officially set requirements on non-government websites from congress or the DOJ.
What are WCAG AA Guidelines?
Web Content Accessibility Guidelines
Perceivable Content: Information and user interface components must be presented to users in ways they can perceive. This means that users must be able to comprehend the information being depicted—It can't be invisible to all their senses.
Operable Content and Interface: User interface components and navigation must be operable (variable as needed): The interface cannot require interaction that a user cannot perform.
Understandable: Users must be able to understand the information as well as the required operation of the user.
Robust: Content must be robust enough that it can be interpreted reliably by a wide variety of user agents, including assistive technologies: As technologies and user agents evolve, the content should remain accessible.
How do I check if my website and online booking engine are ADA online compliant?We have provided a video.
