Businesses are often targeted for failing to comply with digital accessibility standards, making it crucial to understand the legal landscape regarding website accessibility.
In California, two laws—the California Disabled Persons Act (CDPA) and the Unruh Civil Rights Act—prohibit discrimination based on disability and require equal access to public accommodations. These laws were initially designed to address discrimination in physical spaces, such as ramps or accessible restrooms, and neither explicitly mentions websites.
However, many court decisions have broadened the definition of “public accommodation” to include websites, thus arguing that they be accessible. This expansion has led to significant legal debates and uncertainty surrounding the application of these laws in the context of website accessibility lawsuits.
Let’s explore why these laws remain unclear regarding website accessibility and how to reduce risks while addressing compliance.
The Legal Landscape
The lack of explicit mention of digital platforms in the CDPA and Unruh Act creates ambiguity. Furthermore, both laws incorporate the Americans with Disabilities Act (ADA), a federal civil rights law, which also doesn’t provide specific technical requirements for digital accessibility.
As a result, the application of these laws to websites has been inconsistent in federal courts, but the number of website accessibility lawsuits continue to rise especially in California state court. In some cases, plaintiffs argue that websites serve as “virtual extensions” of physical locations, while businesses counter that this interpretation stretches the law beyond its original intent. Purely online businesses, such as e-commerce platforms without brick-and-mortar stores, may argue that they fall outside the scope of the CDPA and Unruh Act.
As courts increasingly apply these laws to websites, it is essential for businesses to reduce risks while addressing compliance with digital accessibility standards. Understanding these laws and taking proactive steps to enhance website accessibility can help navigate challenges and potentially prevent lawsuits.
Statutory Penalties under the Unruh Act
Under the Unruh Civil Rights Act, businesses that fail to provide equal access to individuals with disabilities may face steep statutory penalties. The law allows plaintiffs to recover a minimum of $4,000 per violation, plus attorney’s fees, even if no actual damages are proven. This means that a single instance of an inaccessible website feature—such as a checkout process, form, or navigation barrier—can expose a company to significant liability. Because multiple violations can quickly multiply the potential damages, serial litigants often leverage these statutory penalties to pressure businesses into settlements.
For companies operating in California, this creates a heightened risk landscape where non-compliance with digital accessibility standards not only increases the likelihood of lawsuits but also magnifies the financial consequences.
Steps to Reduce Legal Risks While Addressing Accessibility
Even with potential defenses, businesses should prioritize accessibility to avoid litigation and create inclusive digital experiences.
1. Audit Your Website for Accessibility Issues:
Conduct both automated and manual testing to identify barriers, such as missing alt text, inaccessible forms, and navigation issues.
2. Adopt WCAG Standards:
While not legally required, adhering to WCAG 2.1 AA or WCAG 2.2 AA standards demonstrates a commitment to accessibility.
3. Implement a Compliance Strategy:
Develop a roadmap to address accessibility issues over time, focusing on the most critical barriers first.
4. Publish an Accessibility Statement:
Communicate your efforts to improve accessibility and provide a way for users to report issues.
5. Engage Accessibility Experts:
Work with specialists to ensure your website is usable by individuals with disabilities and compliant with best practices.
6. Train Your Team:
Educate developers, designers, and content creators on accessibility standards to integrate compliance into your workflow.
Final Thoughts
While the CDPA and the Unruh Civil Rights Act do not explicitly address website accessibility, the trend in legal interpretations suggests that businesses must take proactive measures to ensure their websites are accessible to avoid potential lawsuits.
By auditing your website, adhering to accessibility standards, and addressing common barriers, businesses can reduce the risk of lawsuits while fostering inclusivity for all users. If you’re uncertain about your website’s accessibility or need guidance on compliance, consider reaching out to accessibility experts such as EcomBack for an audit and remediation plan tailored to your specific needs.
