ABA Issues Staff Analysis of ADA Web Accessibility Guidelines

ABA today published a members-only staff analysis of the Americans with Disabilities Act’s treatment of website accessibility, outlining the current state of the law and the Department of Justice’s anticipated regulations on the topic. While Title III website accessibility rulemaking is not scheduled until 2018, plaintiffs’ attorneys are making use of DOJ’s position that banks and others have an existing duty to provide accessible web content based on the statutory obligation to “provide effective communication to persons with disabilities through the provision of auxiliary aids and services,” as DOJ has said. On this basis, they are sending banks demand letters alleging ADA violations. For more information, contact ABA’s Toni Cannady.