ADA Compliance and Website Accessibility: Circuit Split, Online Accessibility Act, W3C Guidance

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Corporate Law
- event Date
Tuesday, May 24, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide corporate counsel with tools to mitigate liability for a website or mobile app that does not comply with the Americans with Disabilities Act (ADA). The panel will discuss the conflicting legal authority in various jurisdictions, and how this authority affects this type of litigation. The panel will also provide their views on enforcement of this area of the law in the near future.
Faculty

Ms. Blank defends companies against lawsuits alleging violations of all aspects of the Americans with Disabilities Act (ADA), including with respect to the accessibility of public accommodations and technology, and equivalent state and local laws. While the COVID-19 pandemic spurred a significant increase in lawsuits involving accessible technology, Ms. Blank has been handling hundreds of these cases over the last three years. As a trusted advisor, she counsels clients on all aspects of the employment relationship, avoidance of litigation, leave laws, employee discipline, separation and discharge, and harassment. She also advises on compliance with Title I and III of the ADA and the Family and Medical Leave Act and conducts internal investigations. Ms. Blank writes and speaks frequently about the ADA and public accommodation issues as well as ways of avoiding litigation, among other topics.

Mr. Sidoti – a commercial litigator at Gibbons, P.C. and Chair of the firm’s E-Discovery Task Force, has more than 30 years of experience assisting companies with a wide range of business and legal challenges. As part of his practice, Mr. Sidoti counsels clients with respect to website access and compliance requirements under the ADA and other disability laws, and has represented numerous companies in website accessibility litigation. He has written and presented frequently on this topic.

Mr. Taylor is the Chief Innovation Strategist and Advisor to the UsableNet CEO with nearly 20 years of experience in usability and accessibility. He is a global technology leader for multichannel customer engagement, actively advising leading companies on how to extend their brands across multiple channels for all users. He has been an active member of the accessibility and usability communities since 2001, which started with leading partnerships between UsableNet, Macromedia (now Adobe), and The Nielsen Norman Group.
Description
While physical access to brick and mortar locations must meet the ADA's standards of accessibility, there is a current circuit split on whether websites and mobile applications must also meet the ADA's accessibility standards. Cases remain on the rise, and a business may find itself on the receiving end of a demand letter or a lawsuit brought by one of many plaintiffs' firms that focus on such litigation and target noncompliant websites, in multiple jurisdictions.
Despite disability rights advocates' demand for the Department of Justice to issue regulatory action on the accessibility of websites, it has not yet done so. Accordingly, businesses will need to continue to interpret and apply the courts' conflicting guidance as best they can as determined by their locations, and digital accessibility lawsuits will continue to be filed in forums most favorable to plaintiffs.
Listen as our expert panel discusses how to navigate the circuit split related to ADA accommodations and website accessibility. The panel will address best practices to mitigate risks of a claim and proactive steps that can be taken before a claim arises.
Outline
- Application of the ADA to websites and apps
- How ADA principles apply to websites and mobile apps
- Circuit split
- Online Accessibility Act
- W3C guidance
- Risk mitigation
- Proactive steps to minimize the risk of a suit
- Steps to mitigate liability and damages when a claim is filed
Benefits
The panel will review these and other essential matters:
- What is the current published guidance by the World Wide Web Consortium (W3C) on website accessibility?
- What are the legal risks and exposures to clients for maintaining inaccessible websites and mobile applications?
- Will the Department of Justice step in to issue regulatory guidance in this area?
- What is the status of the Online Accessibility Act, and will it affect future litigation?
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