There are a lot of people in the US who have disabilities that make it hard for them to use the internet. For example, some people can’t see well, hear well, or use their hands easily. They rely on special technology to help them use the internet. But a lot of websites and apps are not designed to work with this technology, so it’s hard for people with disabilities to use them. This can be a problem because it might violate the law that protects people with disabilities. The Americans with Disabilities Act (ADA) and the Rehabilitation Act require that web technologies be accessible to individuals with disabilities. This includes private businesses that are considered places of public accommodation under Title III of the ADA. These businesses cover a wide range of categories, such as hotels, restaurants, theaters, stores, and more. Discrimination against individuals with disabilities in accessing the goods, services, and privileges of these places is prohibited. Some courts have ruled that the ADA only applies to physical locations, while others have ruled that it also applies to online services. Some federal courts believe that the law that protects people with disabilities from discrimination in public places does not apply to websites. However, they also say that if a website is connected to a physical place like a store, then the law might apply. This means that online-only businesses like eBay might not have to follow the law, but companies with both a website and a physical store like Target do. In National Federation for the Blind v. Target, the court said that the ADA applies to websites of businesses if they are closely connected to the physical stores or services. Some courts said that websites of businesses like eBay and Netflix must follow ADA rules, while others said they don’t have to. The Department of Justice is working on regulations for website accessibility, but they are not ready, so lawsuits are still being filed. Businesses should consider hiring a consultant to check their website, have a plan to make updates, and follow guidelines for website accessibility. The ADA defines disability as a physical or mental impairment that limits important activities like seeing, hearing, or reading. It protects people with disabilities from discrimination in places like schools, workplaces, and public places. The law applies to online spaces too, but some courts have ruled that it doesn’t apply to websites that aren’t connected to physical places. There have been different rulings on this issue in different parts of the country. These references are from court cases and laws about making websites accessible to people with disabilities. The courts have ruled that websites connected to physical stores must also be accessible. The U.S. government is working on rules to make sure websites are accessible. Lawsuits about website accessibility are increasing, and businesses can be sued if their websites aren’t accessible. People are wondering if a recent Supreme Court case called Spokeo might make it harder for people to sue businesses for not following the Americans with Disabilities Act (ADA). But the court has said that if a disabled person is denied full access because of their disability, they have the right to sue under the ADA. Some businesses have been sued for not making their websites and apps accessible to people with disabilities. Businesses might have to follow specific guidelines for making their websites and apps accessible. Benjamin S. Briggs is a lawyer who specializes in labor and employment law at a law firm in Tampa. Cynthia Sass is the owner of the law firm and also focuses on employment disputes. They are both highly qualified and active members of legal committees. This column is written by the Labor and Employment Law Section and is meant to educate people about their legal rights.
Source: https://www.floridabar.org/the-florida-bar-journal/websites-and-mobile-applications-do-they-comply-with-title-iii-of-the-americans-with-disabilities-act/
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