New Urgent Question: Does Your Website Accommodate Disabled Users?

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Your business, school or enterprise has an obligation under the law to accommodate handicapped people in accessing your facilities. As more business moves to the Web, the U.S. Justice Department is increasingly finding that websites must also accommodate disabled customers, students, patients, employees and job seekers. And this finding has led to more urgent action by many enterprises because of recent enforcement action.

In the past few months companies have been swamped by a surge in class action lawsuits filed against retailers and others claiming that a company's website does not comply with the Americans with Disabilities Act. Several law firms specializing in mass torts are aggressively pursuing substantial claims specifically against retailers, filing complaints that often allege dozens of ADA non-compliance issues. Notable brands involved in these cases include H&R Block, grocer Peapod, and several banks.

Courts have recently upheld the Justice Department's assertion that websites must comply with the ADA, without defining clear standards. Some defendant companies have completely overhauled their websites as a result of this gray area. However, reasonable adjustments to meet ADA compliance can be as simple as ensuring all text on your website can be read aloud by software designed for the visually impaired.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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