BlinkJar Media

The Essential Guide to

ADA Compliance for Websites

As a business owner or marketing director, ensuring your website is ADA-compliant is not just a legal obligation but a significant opportunity to create an inclusive experience for all users. This guide will help you understand the fundamentals of ADA compliance, its benefits, the legal landscape, and actionable steps to ensure your website meets the necessary standards.

What Is ADA Compliance?


The Americans with Disabilities Act (ADA)

Enacted in 1990, the ADA prohibits discrimination against individuals with disabilities in public accommodations, employment, transportation, and telecommunications. Since 2018, the Department of Justice (DOJ) has clarified that the ADA applies to websites as places of public accommodation.

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Web Content Accessibility Guidelines (WCAG)

WCAG serves as the industry standard for web accessibility, providing clear guidelines for creating accessible websites.


LEVELS OF CONFORMANCE


LEVEL A:

Basic web accessibility features.


LEVEL AA:

Removes significant barriers for most users
(widely accepted as the standard for compliance).



LEVEL AAA:

The highest level of accessibility, though not always feasible. Adhering to WCAG 2.1 Level AA ensures your website meets the ADA's general non-discrimination requirements.

Consequences of Non-Compliance


1.  Legal Ramifications:

1.  Lawsuits and demand letters are increasingly common, especially against small and medium-sized businesses.

2.  Settlements and legal fees can cost tens of thousands of dollars.

2.  Missed Opportunities:

A non-compliant website excludes millions of potential customers with disabilities.

3.  Reputational Damage:

Businesses are seen as non-inclusive, risk alienating customers and damaging their brand reputation.

IS YOUR SITE ADA COMPLIANT?
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Benefits of an Accessible Website


Enhanced User Experience

Improved navigation, readability, and usability benefit all users, not just those with disabilities.


Expanded Audience

Accessibility opens your business to millions of potential customers.


Improved SEO

Many accessibility best practices, like alt text for images, align with search engine optimization guidelines.


Legal Protection

Proactively addressing accessibility reduces the risk of costly lawsuits.


Positive Brand Image

Being inclusive demonstrates your commitment to social responsibility and customer satisfaction.

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Why ADA Compliance Matters


  • Legal Requirements

    The Americans with Disabilities Act (ADA) mandates accessibility for individuals with disabilities in public accommodations, which now includes websites.

  • Avoid Legal Risks

    Non-compliance can lead to lawsuits, fines of up to $150,000, and settlement costs ranging from $20,000 to $50,000. 


    • Lawsuit Trends: In 2023, ADA-related lawsuits for web accessibility reached 4,065, marking a 42% increase from 2022 and a staggering 400% rise since 2017. This upward trend shows no signs of slowing down.
    • Demand Letters: For every lawsuit filed, countless demand letters are sent to businesses. In 2022 alone, more than 100,000 businesses received such letters, with 97% resolving the issue through settlements before going to court.
    • Targeted Industries: While high-profile lawsuits against large corporations like Domino's and Nike grab headlines, over 77% of lawsuits in 2023 targeted small and medium-sized businesses, especially in retail and eCommerce sectors.
    • Legal Costs and Settlements: Defending a lawsuit in court can be financially devastating for businesses, with average settlements ranging from $20,000 to $50,000. Beyond the monetary costs, these cases can harm a business's reputation and consumer trust.

  • Increased Market Reach

    Inclusive websites tap into the $13 trillion spending power of people with disabilities.

  • SEO Benefits

    Accessibility enhancements often improve search engine rankings. Google, along with other search engines, prioritizes sites with high levels of readability, and accessible websites excel in that regard.

  • Tax Credits

    Eligible businesses may qualify for tax credits when implementing accessibility solutions.

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Steps to Achieve ADA Compliance


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1.  Conduct an Accessibility Audit:

Use tools like BlinkJar's free audit to identify accessibility gaps.

Evaluate your website against WCAG 2.1 Level AA standards.

2.  Remediate Accessibility Issues:

Implement fixes like alt text for images, keyboard navigation, and sufficient color contrast.

3.  Ensure Ongoing Compliance:

Regularly review and update your website to address evolving standards and updates.

4.  Engage Experts:

Work with agencies like BlinkJar Media to ensure your website meets compliance standards efficiently.

ADA Compliance for your website

Key Features of an ADA-Compliant Website


1.  Text Alternatives: Provide alt text for images and multimedia.

2.  Keyboard Accessibility: Ensure all functionalities can be operated without a mouse.

3.  Readable Content: Use proper contrast ratios, resizable text, and readable fonts.

4.  Accessible Media: Add captions and transcriptions for audio and video content.

5.  Error Notifications: Offer clear feedback and instructions for form errors.

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The Implications for Businesses


Stay Competitive

Non-compliance can deter potential customers and limit growth opportunities.


Avoid Legal and Financial Risks

Proactively address accessibility to prevent lawsuits and fines.

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How can I check if my website is accessible?


You can test whether your website is accessible using automated testing tools, such as BlinkJar’s accessScan, and by relying on expert service providers, like BlinkJar Media.


To use BlinkJar’s accessScan, you will need to submit your website’s URL, after which the tool will run a quick, automated audit of your web page and check whether it conforms to WCAG 2.1 Level AA. The latter is the current best measure of web accessibility when it comes to federal law. After the audit is complete, you will be presented with detailed results that will help you address website elements that are non-accessible (if any exist).

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CHECK IF YOUR WEBSITE IS ACCESSIBLE

Why ADA Compliance Is Essential


An ADA-compliant website is not just a legal requirement—it's an investment in your business's growth, reputation, and inclusivity. As accessibility lawsuits continue to rise, ensuring compliance protects your business from legal and financial risks while opening doors to a broader audience.


At BlinkJar Media, we specialize in helping businesses like yours navigate ADA compliance. Contact us today for a free consultation and take the first step toward building a more inclusive digital presence.

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Recent posts about ADA Compliance

Why Website Accessibility Matters and How to Test It
By Rikki Broussard January 20, 2025
Accessibility is an ever-changing landscape that requires consistent attention and effort. Whether you're adding new features, redesigning pages, or updating content, it's critical to prioritize accessibility at every step.
Why Digital Accessibility Must Be a Priority in 2025
By Rikki Broussard December 18, 2024
As we step into 2025, one thing is clear: accessibility in the digital world is a must. For millions of people with lifelong or even temporary disabilities, navigating the digital world can still feel like an uphill battle.
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