In recent years, ADA (Americans with Disabilities Act) compliance lawsuits have become a serious concern for online businesses. The ADA mandates that websites be accessible to individuals with disabilities, and failure to meet these standards can result in legal actions. One of the most common questions from business owners facing ADA lawsuits is whether changing the website’s template or even closing the business can void the lawsuit.
In this article, we’ll break down the implications of these actions and provide clarity on what business owners need to know.
Understanding ADA Website Compliance
ADA compliance ensures that individuals with disabilities can fully interact with and access a website. Non-compliance can result in lawsuits from individuals or advocacy groups who believe they’ve been denied equal access to digital content. These lawsuits often target businesses with websites that are difficult to navigate for people using screen readers, do not have alternative text for images, or lack keyboard accessibility.
Does Changing My Website Template Make the ADA Lawsuit Void?
The short answer is no. Changing your website template will not automatically void an existing ADA lawsuit. A lawsuit filed against your business for non-compliance is based on the website’s accessibility at the time the legal action was taken. Even if you implement a new, more accessible template after the lawsuit is initiated, the legal process can continue because the violation occurred before the change.
Here’s why:
- Historical Non-Compliance: ADA lawsuits address the website’s condition during the period the plaintiff experienced accessibility barriers. Changing the website template after the fact does not undo the past inaccessibility.
- Legal Responsibility: Even if you switch to an accessible website template, you are still liable for addressing the issues that existed when the lawsuit was filed. Courts will focus on whether your website met accessibility standards during the period in question.
- Ongoing Accessibility: Implementing a new template doesn’t guarantee future compliance. Your new template may also need adjustments, or the lawsuit could scrutinize areas that are often missed, like non-compliant PDFs, videos, or third-party app integrations.
Having an Accessible Website Template
If you decide to change your website template to address the lawsuit, it’s important to ensure the new template genuinely follows accessibility guidelines.
Here are the steps to follow:
- Audit the New Template: Have a thorough ADA and WCAG (Web Content Accessibility Guidelines) audit conducted on the new template to ensure all aspects of the site are compliant.
- Fix Issues at the Code Level: Ensure your new template doesn’t just superficially solve issues but addresses accessibility at the code level.
- Provide Evidence of Remediation: If you are in the midst of a lawsuit, it’s crucial to demonstrate that you’ve made good faith efforts to address all barriers to accessibility. Presenting evidence of the changes you’ve made can reduce the likelihood of further legal action. It’s also possible that it may mitigate penalties or help negotiate a settlement, but this isn’t necessarily guaranteed.
What If I Close My Website?
Closing your website may seem like a way to avoid an ADA lawsuit, but it doesn’t necessarily absolve you of liability. Even if you close down your website, there are several factors to consider:
- Ongoing Legal Responsibility: If the lawsuit was filed while your website was operational, you may still be liable for the violations that occurred. The legal process can continue even if your website is no longer active.
- Settlement and Penalties: Many ADA lawsuits result in settlements or penalties that are meant to compensate for damages caused by inaccessibility. Closing your website does not erase your responsibility to settle any claims that arise from the lawsuit.
- Asset Seizure: In some cases, if your business is sued, plaintiffs may be able to pursue your business’s remaining assets, even if your website has been shut down.
How to Protect Your Business Moving Forward
Whether you change your website template or close your business, the best approach is to proactively address accessibility issues before they lead to legal actions.
Here are a few proactive steps you can take:
- Perform Regular Audits: Conduct regular accessibility audits on your website to ensure compliance with WCAG guidelines. This can help you identify issues before they become legal liabilities.
- Stay Informed of ADA Guidelines: ADA guidelines are evolving, especially as technology advances. Stay informed of new requirements and ensure your website complies with all new and established accessibility rules.
- Consult Accessibility Experts: Work with a professional web accessibility service like EcomBack to ensure that your website meets compliance standards and to avoid potential lawsuits.
- Include Accessibility in Future Developments: Ensure that all future updates to your website, including new templates, plugins, or features, are accessible. Make accessibility a priority in your ongoing digital strategy.
Conclusion: How EcomBack Can Help
At EcomBack, we specialize in making websites accessible and compliant with ADA and WCAG guidelines. Our expert team of consultants provides comprehensive website audits, accessibility remediation, and ongoing support to ensure your site meets legal standards. Whether you’re dealing with an existing lawsuit or want to prevent future legal action, we can help you make your website accessible and protect your business from potential lawsuits.
Contact EcomBack today to start making your website accessible, protect your business, and create an inclusive user experience.
