ADA website compliance demand letters: a breakdown
For most businesses, having a website that complies with the Americans with Disabilities Act (ADA) is mandated by law. And, when a website is found to be in violation of the ADA, its owner can face legal recourse.
This includes receiving a demand letter.
Drawing your attention to areas of your website that are either completely or insufficiently accessible to people with disabilities, a demand letter will force you to take action.
But what should you do when you receive one?
How do you properly address what appears in the letter and adjust your website so that it is accessible to all website visitors?
In this guide, we’ll cover everything you need to know about ADA website compliance demand letters. We’ll explain what a demand letter is, who sends one, and what you, as a website owner, need to do if you are sent one.
An ADA website compliance demand letter is a written request to resolve areas of a website that have been found to be non-compliant. The purpose of the letter is to inform business owners that their website isn’t fully accessible and to give them a chance to fix it.
In recent years, the number of ADA demand letters has gone up exponentially.
It is estimated that 1500 demand letters were sent per week during 2022. This is due in part to the rising awareness of accessibility rights and the growing number of people with disabilities using the internet.
Approximately 97% of websites are not fully accessible.
There is a long way to go until people with disabilities are given equal access to critical services and information. Until this reality changes, the rate at which ADA website compliance demand letters are sent will likely continue to grow.
Who sends ADA website compliance demand letters?
ADA website compliance demand letters are typically sent by individuals with disabilities or advocacy groups who have identified ADA violations on a website. These violations can range from missing alt text for meaningful images to difficult-to-use navigation menus.
When it comes to ADA compliance, the Department of Justice (DOJ) can play a critical role in enforcing accessibility standards for the disability community. If a person with disabilities finds that a website doesn’t meet the necessary standards of accessibility, they can file a complaint with the DOJ. The DOJ may then investigate and enforce action if necessary.
Besides the DOJ, government agencies like the Equal Employment Opportunity Commission (EEOC) and the Department of Health and Human Services (HHS) have the authority to enforce the ADA in certain circumstances.
Who is at risk of receiving an ADA website compliance demand letter?
Businesses and organizations of all types and sizes can be at risk of receiving ADA website compliance letters. This includes eCommerce website owners, small businesses, and even non-profits.
A significant number of eCommerce websites are inaccessible to people with disabilities.
Given that these websites are immensely popular, whatever gaps in accessibility they suffer from are that much more likely to be detected. It is no surprise, then, that online shop owners find themselves embroiled in accessibility-related legal proceedings at a rate far higher than any other industry.
Websites that heavily rely on visual content, such as video or images, are more likely to receive ADA website compliance demand letters. While stimulating for some, images and videos, in their basic form, are inaccessible to certain website visitors. If website owners do not take proper measures to adjust them (either by adding captions, adding descriptive alt text, etc.), they stand in violation of the ADA. The chances of receiving a demand letter in these cases are considerably higher.
What does an ADA website compliance demand letter look like?
A demand letter will include the following elements:
- Details of specific website elements that need to be worked on in order to reach ADA compliance
- A deadline for resolution
- A proposed monetary settlement to avoid litigation
While an ADA website compliance demand letter isn’t a formal legal complaint or lawsuit, it serves as a warning. Failure to take action when receiving one can lead to further legal recourse.
A typical ADA website compliance demand letter may include the following sections:
An introduction
The letter will open with a purpose statement. It will typically state that the recipient is violating the ADA. Here, the sender asks for changes to be made to a website so that it becomes ADA-compliant.
Violation details
Additional violation details help the recipient better understand what they need to do to follow ADA guidelines. This may include thorough descriptions of accessibility barriers, such as lack of keyboard navigability, and incompatibility with screen reader technology.
Request for modifications
This section will clearly state the specific modifications the sender is asking for.
Examples of change requests may include adding alternative text to meaningful images or supplying captions for meaningful video content.
Timeline for achieving compliance
The sender will specify a reasonable timeline for the website owner to make the requested modifications. Timelines can range from a few weeks to several months, depending on the complexity of the requested changes.
Consequences if demands aren’t met
Here, the sender discusses the potential consequences if the recipient doesn’t comply with the request.
Conclusion
The demand letter closes with a summary and reiterates the sender’s request for accommodations.
