If you were building a new restaurant from the ground up, you would take into consideration every kind of disability that would need to be addressed to allow comfortable access for every potential customer and employee.
Obviously wheelchair ramps and enlarged bathroom stalls would be just two must-haves both to accommodate all customers but satisfy building regulation inspectors as well.
While it may not seem as obvious, websites also come under the same scrutiny for accommodating people with disabilities.
This is called ADA compliance and it has become a regulation serving the Americans with Disabilities Act that all online businesses need to recognize and comply with.
In fact, ADA compliance is no longer just a recommendation—it’s a legal necessity for businesses operating online. Failing to comply can lead to significant legal and financial repercussions.
Web accessibility lawsuits under the ADA are on the rise, with 4,605 web accessibility lawsuits being filed in 2023, marking a 42% increase compared to 2022.
And with each initial infraction costing up to $75,000 and subsequent infractions double that, being ADA compliant for just a few hundred dollars per year seems like a no brainer.
Yet, over 90% of all websites are not accessible for those with disabilities and thus risk the gargantuan penalties while also putting off those valuable potential visitors.
When we interact with new clients, it’s one of the first issues we address. I mean, you don’t (ok, you shouldn’t) drive or own a home without insurance.
The same can be said for operating a website.
In the past we’ve discussed how best to manage reviews and respond to negative reviews online to protect your business, well ADA compliance is another case of a good defense being your best offense.
So here is our take on what ADA compliance entails, why it matters, and how ignoring it could expose your business to litigation by addressing these points:
- What is ADA Compliance
- Key Components of ADA Compliance for Digital Marketing
- What Is ADA Compliance for Websites and Why it Matters
- Consequences of Non-Compliance
- How to Ensure ADA Compliance
What is ADA Compliance
Again, ADA stands for the Americans with Disabilities Act, a civil rights law enacted in 1990 that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places open to the general public.
While the ADA was initially focused on physical spaces, its scope has expanded to include digital accessibility.
ADA compliance in the context of websites and digital content refers to the practice of making online information accessible to people with disabilities.
This can involve ensuring that websites, mobile apps, and other digital platforms are navigable and usable by people with visual, auditory, motor, or cognitive disabilities.
Key Components of ADA Compliance for Digital Marketing
- Perceivability
All users must be able to perceive the information being presented. This means providing text alternatives for non-text content (e.g., alt text for images) and ensuring that content is adaptable and distinguishable by various means.
- Operability
Digital interfaces must be operable by all users. For example, this includes ensuring that all functionalities are accessible via keyboard alone and providing sufficient time for users to read and use content.
- Understandability
Content must be understandable. This includes providing readable and predictable content and offering input assistance to users when needed.
- Robustness
Content must be robust enough to be interpreted by a wide variety of user agents, including assistive technologies. This ensures that as technologies evolve, your content remains accessible.
What Is ADA Compliance for Websites and Why it Matters
1. Legal Requirements and Risk of Litigation
One of the most compelling reasons for ensuring ADA compliance is the legal requirement. The ADA applies to all businesses with 15 or more employees, as well as public entities.
In recent years, there has been a significant increase in lawsuits related to digital accessibility, with plaintiffs arguing that inaccessible websites and mobile apps are in violation of the ADA.
If your website or digital content isn’t ADA compliant, you could be at risk of a lawsuit. These lawsuits can result in hefty fines of up to $75,000 for an initial infraction, legal fees, and, potentially, a court-mandated overhaul of your digital properties.
Moreover, these legal challenges can damage your brand’s reputation and erode customer trust.
2. Broader Audience Reach
By making your digital content accessible, you open up your business to a broader audience.
Over one billion people live with some kind of disability. That’s a whopping 15% of the world’s population.
Ensuring your website is accessible means you are not excluding this significant portion of the population. It also demonstrates your brand’s commitment to inclusivity, which can positively impact your reputation and customer loyalty.
3. SEO Benefits of ADA Compliance
Of course, as a company that focuses on search engine optimization and, especially, improving the SEO conversion rate of our clients’ website, we have to share the rankings benefits that ADA compliance offers.
ADA compliance often overlaps with best practices for SEO.
For instance, using proper heading structures, alt text for images, and clear, readable content not only helps users with disabilities but also makes your site more understandable to search engines.
Features like captioned videos, clear navigation, and readable fonts contribute to a smoother, more pleasant user experience, which can increase engagement and conversion rates.
And search engines reward websites that offer a pleasant and easy-to-understand user experience (UX). In fact, UX is one of the primary factors that Google looks at when ranking a website.
So, no doubt that ADA compliance improves your site’s search rankings and visibility, driving more organic traffic and business to you.
Consequences of Non-Compliance
Ignoring ADA compliance is not just about missing out on potential customers or having a website that is difficult to navigate.
The consequences can be severe:
1. Litigation and Financial Penalties
As mentioned, businesses found to be in violation of the ADA can face lawsuits, which often result in costly settlements or judgments.
The legal fees associated with defending against these suits can also be substantial up to $75,000 for the first infraction and double that for future violations.
2. Reputation Damage
In today’s socially conscious market – no, we won’t invoke the dreaded “woke” sentiment – failing to provide accessible digital experiences can harm your brand’s image.
Negative publicity from a lawsuit or even customer complaints can lead to a loss of trust and loyalty.
3. Lost Revenue
By not making your website accessible, you may be inadvertently turning away a significant segment of the market. This can result in lost sales and reduced market share.
4. Increased Costs
Remember the restaurant analogy we used at the top of the piece?
Well imagine if after decades running a restaurant, you suddenly had to widen aisles or install ramps or even an elevator. That could be an entire retrofitting of your foundation and bones of the space.
How much easier would it have been to include those features upon initial design and build out?
The same holds true for a website.
Retrofitting a non-compliant website to meet ADA standards after the fact can be more expensive than building accessibility into your digital properties from the start.
Proactively addressing ADA compliance can save your business time and money in the long run.
How to Ensure ADA Compliance
Ensuring ADA compliance involves several steps, including:
1. Conducting an Accessibility Audit
Regularly assess your digital properties to identify areas that need improvement. This can be done through manual testing, automated tools, or by consulting with a premier digital marketing agency that also happens to be accessibility experts.
2. Implementing Best Practices
Incorporate accessible design principles into your digital projects from the outset. This includes using accessible themes and plugins, ensuring content is readable and navigable, and offering alternatives for non-text content.
There are several ADA compliant tools that the Avita Group has tested in the past.
A couple leaders include:
AudioEye
AudioEye offers comprehensive digital accessibility solutions, including automated accessibility remediation, continuous monitoring, and legal support. Their platform provides an overlay solution that helps websites achieve compliance with ADA, WCAG, and other accessibility standards.
UserWay
UserWay provides an AI-powered accessibility widget that can be easily integrated into websites. Their solutions include automatic adjustments to help meet ADA and WCAG compliance requirements, along with ongoing monitoring and accessibility audits.
But the current preferred ADA platform of Avita Group is ADA compliance checker Accessibe for its ease of use and low annual cost of just under $500.
As a fractional CMO company, we also provide a turnkey option for our clients where they do nothing, and we handle all aspects of installation, analysis and assuring annual compliance.
That’s because ADA compliance is not a one-time task.
It requires ongoing monitoring and updates as your website or digital content evolves. Regularly updating your accessibility features ensures that your site remains compliant as new technologies and standards emerge.
In short, ADA compliance is not just a legal and moral obligation but a business imperative.
Ensuring that your digital properties are accessible to all users, regardless of their abilities, can protect your business from legal risks, expand your audience, and enhance your brand’s reputation.
By prioritizing accessibility, you not only adhere to the law but also demonstrate a commitment to inclusivity and customer experience, which are key drivers of success in today’s temperamental environment.
Ignoring ADA compliance is a risk you shouldn’t take. Taking proactive steps now will safeguard your business from litigation exposure and open the door to new opportunities.
Avita Group – Digital Marketing Agency in California
Avita Group is one of the longest-tenured, digital marketing agencies in California. Our clients often have had previous agency experiences and ultimately find a long-term home with Avita Group.
We offer fractional CMO services to boost your brand and your business by maximizing your SEO and PPC management, Online Reputation Management (ORM), and ways to become a LinkedIn ads expert to boost your business.
The Avita Group team boasts a collective experience of over 30 years in the industry led by Founder and CEO, Brad Weber, and has worked with a variety of multi-million dollar companies to help them improve their ROI, build better brand awareness, and mitigate negative online reviews.
Contact us for a free consultation to evaluate how we can transform and elevate your business.