How To Protect Your Business From ADA Website Accessibility Lawsuits

Website accessibility isn’t just a “nice-to-have” anymore – it’s a legal must-have. With thousands of ADA-related lawsuits filed every year (over 3,200 in 2022 alone!), failing to make your website accessible could cost your business more than just a bad review. We’re talkin’ fines, legal fees, and a PR nightmare.

So let’s break it all down. We’ll cover what the Americans with Disabilities Act (ADA) means for your website, what you need to do, and how to avoid becoming the next headline in accessibility fail news.

What Is The ADA & Why Does It Apply To Your Website?

The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities. It’s been around since 1990, but now that so much of life happens online, websites are expected to follow the same accessibility rules as physical locations.

If your business falls under the category of “public accommodation” (think: restaurants, retailers, hotels, gyms, salons, parks, and more), then yes, your website is expected to be accessible. That means your online experience should be usable by people with visual, hearing, cognitive, or motor impairments. If it’s not? Cue the legal drama.

Who’s Enforcing ADA Website Compliance?

Short answer: the Department of Justice (DOJ). But lawsuits can come from real users, too – and many do. The ADA doesn’t require a warning shot. That means someone can file a lawsuit without ever sending you a demand letter first.

You can be hit with:

• Civil Penalties Up To $75,000 For A First Violation
• Up To $150,000 For Repeated Offenses
• Legal Fees & Mandatory Remediation (aka Emergency Web Dev Time)

Why Are ADA Lawsuits On The Rise?

More users are becoming aware of their rights, more advocacy groups are calling out non-compliant sites, and more lawyers are specializing in ADA digital compliance. It’s the perfect storm, and the internet is the battleground.

Common Accessibility Lawsuit Triggers

• Websites That Don’t Work With Screen Readers
• Videos With No Captions Or Transcripts
• Missing Alt Text On Images
• Poor Color Contrast Or Hard-to-Read Text
• Inaccessible Forms & Keyboard Traps

And if you think small businesses are flying under the radar, think again. Everyone from Beyoncé to mom-and-pop shops has been targeted. Accessibility matters, and no business is “too small” to be sued.

What Makes A Website ADA-Compliant?

Enter the Web Content Accessibility Guidelines (WCAG). While not technically a law, these guidelines are the gold standard used in nearly every lawsuit and legal interpretation of ADA compliance.

• WCAG is based on the P.O.U.R. principle.
• Perceivable: Can users see and hear the content?
• Operable: Can users navigate with a keyboard or assistive tech?
• Understandable: Is the site content clear and predictable?
• Robust: Can assistive technologies interpret your content?

The magic number? WCAG 2.1 Level AA. This is the most commonly accepted level of accessibility for avoiding litigation.

7 Steps To Turn Your Website Into An Accessibility All-Star

1. Start With An Accessibility Audit

First things first – you need to know where your website stands. Run an audit using tools like WAVE or the W3C Validator to uncover common accessibility issues like missing alt text, improper heading structure, or contrast failures. These tools are a great start, but they’re not perfect. That’s why bringing in a real human (👋 hi!) to do a manual audit is also a smart move. An expert can evaluate how your website actually performs with assistive tech and prioritize fixes based on risk.

2. Fix The High-Risk Stuff First

Not all accessibility issues are created equal. Start by tackling the ones most likely to land you in legal hot water – or prevent users from accessing key content.

• No Alt Text On Images – Screen readers can’t describe images if there’s nothing to read. Add meaningful, descriptive alt text.
• Missing Video Captions – Deaf and hard-of-hearing users need captions or transcripts to understand your content.
• Inaccessible Navigation – Can users get around your site without a mouse? If not, you’re excluding anyone using keyboard-only navigation.
• Poor Color Contrast – If your text blends into the background, many users won’t be able to read it. Aim for a contrast ratio of at least 4.5:1.
• Non-Labeled Forms & Buttons – Screen reader users need labels to understand what they’re clicking or typing into. No label = confusion city.

3. Make Accessibility Part Of Your Workflow

Accessibility isn’t a one-and-done checkbox – it’s a habit. Build it into your regular website maintenance, content creation, and development processes.

• Designers should use accessible color palettes and intuitive UI patterns.
• Content creators should use clear language, proper headings, and descriptive links.
• Developers should code with semantic HTML and ARIA roles where needed.

Pro tip: Create a simple accessibility checklist for your team so they know what to watch for every time they push content live.

4. Think Accessibility From The Start

If you’re redesigning or launching a new website, this is your golden opportunity. Incorporate accessibility into every phase – strategy, wireframes, design, dev, and QA. This will save you a ton of time and money compared to retrofitting accessibility after launch. Accessibility-first design isn’t just ethical and legal – it often leads to faster sites, better SEO, and a more polished UX for everyone. That’s what we call a win-win-win.

5. Use Third-Party Tools Wisely

Widgets, chatbots, video players, and popups – third-party tools can enhance your website, but they can also introduce major accessibility barriers. Before installing anything, ask:

• Is this plugin accessible?
• Can users navigate it with a keyboard or screen reader?
• Does it follow WCAG guidelines?

Bonus Tip: Include accessibility requirements in your vendor contracts. That way, if a tool fails to meet standards, the liability doesn’t fall squarely on you.

6. Add Accessibility Features

Accessibility doesn’t have to be invisible. In fact, giving users control over their experience is a great way to show you care and keep your site inclusive.

• Text Resizing Options – Let users increase text size without breaking your layout.
• High Contrast Mode – Help users with visual impairments read content more easily.
• Skip Navigation Links – Let keyboard users bypass repetitive menus and jump straight to the good stuff.
• Keyboard-Only Navigation – All functionality should be accessible without a mouse.
• Clear Content Hierarchy & Structure – Use proper headers, logical page flow, and consistent formatting to make your content screen-reader friendly.

These features aren’t just nice extras – they’re accessibility power moves.

7. Take Complaints Seriously

Accessibility complaints are legal red flags. If a user reaches out about an issue, respond promptly and with empathy. Investigate the problem, fix it fast, and thank them for bringing it to your attention. Not only does this show good faith (which matters in court), it also builds trust and loyalty with your audience.

Pro tip: Document the complaint and your response as part of your compliance records.

What If I’m Not Compliant Yet?

You’re not alone. Many websites – even big brands – are still catching up. What matters most is that you’re taking documented steps toward compliance.

Keep a record of:

• Audits Performed
• Issues Identified
• Fixes Made
• Training Provided
• Any Third-Party Tools/Vendors Involved

Showing that you’re making a good-faith effort can go a long way if you’re ever challenged legally.

Your Website Accessibility? Handled.

Let’s be real – ADA compliance can feel overwhelming. But you don’t need to become a legal or accessibility expert overnight. That’s where Site Smart Marketing steps in. Our accessibility partners will audit your site, handle the fixes, and even help you build an inclusive user experience from scratch with their widget. You can sleep at night knowing your website is both beautiful and bulletproof. Let’s chat. One call, and you’re already closer to compliance.