Back in April, Erin Presseau, SilverTech’s Director of Strategy and User Experience, and I wrote a short article asking the above question. Since then we have been contacted by a few of our clients who have received demand letters from lawyers alleging non-compliance. Often, along with the allegation is a demand for a settlement payment to avoid litigation.
Since the date of our article, the US Attorney General signed the ADA Amendments Act Final Rule on July 15, 2016 with an effective date of October 11, 2016. In summary, the ADA Amendment Act is intended to broaden the definition of “disability”. In other words, the person making the claim, may not have to carry as heavy a burden to prove their claim.
What Does This Mean for Businesses?
The response we have provided to each client is talk to a qualified lawyer and make an informed decision that is right for their business. One thing that should always be noted that the cost or actual recovery may be less than the attorneys fees that the person making the claim may collect.
We are not in a position to advise each client on the right approach, but it is a certainty that at some point you may want to make your website ADA compliant.
In our previous article, we talked about the standards that a website will have to meet in order to avoid liability. You should carefully review these standards to determine if you believe that your website meets them.
SilverTech can help you by providing an evaluation as to what may be needed both in the short term and help guide your company as to whether the standards can be met with an updated website or whether a completely new website may make more sense.