Court Ruling Further Clarifies ADA Website Accessibility Obligations: Conn Maciel Carey Blog

Originally published in The Employer Defense Report: Legal Updates from the Labor & Employment Practice Group at Conn Maciel Carey


Court Ruling Further Clarifies ADA Website Accessibility Obligations

By: JORDAN B. SCHWARTZ, Conn Maciel Carey LLP

Over the past several years, we (Conn Maciel Carey LLP) have written extensively about employers’ obligations to make their websites accessible for individuals with visual, hearing and physical impairments.  In the past, we(Conn Maciel Carey LLP) have counseled employers who are considered a “place of public accommodation” (such as a hotel, restaurant, place of recreation, doctor’s office, etc.) to at the very least do some due diligence to determine whether their websites are accessible for disabled users, so that those individuals can use and navigate those websites and/or purchase goods sold on the websites.  (For more information about the developing law on this issue, check out our prior posts here and here.)  Now, for the first time, a U.S. Court of Appeals has ruled on this issue and has confirmed that so long as there is a “nexus” between a company’s website and a physical location (which is typically the case), a company must make its website accessible or risk significant legal exposure for violating the Americans with Disabilities Act (“ADA”).

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