A disabled woman in a wheel chair being pushed by a man. In the foreground there is a document labeled ADA.

ADA Compliance for Documents

You have come to the right place if you are looking to learn about ADA compliance for documents and how to make them compliant. This guide will cover:

  • An introduction to ADA Title III and Document Accessibility.
  • The rise in accessibility lawsuits and why it is mandatory for documents to meet ADA compliance.
  • Step-by-step on how to make your documents ADA compliant and protected from legal action.
  • Additional information that you didn’t know you needed to know.

This will be your one-stop-shop for anyone looking to understand and solve their document accessibility issues.

Two disabled people using tablet computers with assistive technology.

ADA Compliance and Document Accessibility Basics

When your company or organization views compliance as a friend and not as a foe, it can open up a world of innovative solutions and improved processes. In this section, we will be covering the fundamentals of Americans with Disabilities Act (ADA) Title III and document accessibility. Let us start with ADA and its history.

The Rise in Demand Letters

An ADA demand letter is a letter from an attorney on behalf of a client. The letter requests some form of restitution. If the recipient does not respond, the next step could be filing a lawsuit. The letter typically demands the company or organization to comply with the ADA. When their digital documents are not ADA compliant or allow equal access by following Web Content Accessibility Guidelines (WCAG) 2.1. An ADA demand letter is usually the first step in getting a company or organization to make its documents accessible. When they ignore the letter, it can lead to a lengthy lawsuit or an expensive settlement.
ADA-related lawsuits have risen by 300% year-over-year and are expected to continue increasing. This exponential growth in accessibility lawsuits has a widespread effect across all industries. Small and medium-sized businesses are at the center of this storm.
 
But, do documents need to be accessible? Also, what about ADA? What is the connection between the two?
A line graph of the rise in ADA Title III legal letters filed with a 300% increase (120,000) from 2018 to 2019.

What is the ADA and it's history?

The Americans with Disabilities Act of 1990 (ADA) is a civil rights law that prohibits discrimination based on a person’s disability. It gives similar protection to the disabled community that the Civil Rights Act of 1964 gave to people of different races, genders, and religions.

The ADA owes its birthright not to any one person, or any few, but to the many thousands of people who make up the disability rights movement. These were people who worked for many years organizing and attending protests. They mailed letters, drafted legislation, lobbied, filed lawsuits, risked arrest, and did whatever they could for a cause they believed in.
 

From Bill to Law

The year was 1990 and George H.W. Bush, 41st president of the United States. Disability advocates, after a two-year campaign championing the civil rights of various marginalized groups, lobbied and got legislation passed. This legislation answered the needs of people with disabilities and the discrimination they experienced.

The historic American with Disabilities Act (ADA) was signed into law July 26, 1990 dramatically changing accessibility for people with disabilities. President Bush said, “Let the shameful wall of exclusion finally come tumbling down.”

President George H.W. Bush signing the American with Disability Act of 1990.

The Five ADA Titles

The ADA is split into five-section, known as titles, that relate to a different area of public life. These include:

What is ADA Title III?

Title III of the Americans with Disabilities Act defines and addresses what it means to offer accessibility in public accommodations operated by private businesses. Among other things, it states:

  • Places of public accommodation are prohibited from discriminating against people with disabilities.
  • Businesses and organizations must make “reasonable accommodations and modifications” to better serve people with disabilities.

The points addressed in ADA Title III is regulated and enforced by the United States Department of Justice.

What does "Place of Public Accommodation" mean?

According to the ADA National Network, “A public accommodation is a private entity that owns, operates, leases, or leases to, a place of public accommodation. Places of public accommodation include a wide range of entities, such as restaurants, hotels, theaters, doctors’ offices, pharmacies, retail stores, museums, libraries, amusement parks, private schools, and daycare centers. Private clubs and religious organizations are exempt from the ADA’s title III requirements for public accommodations.”
A list of public accommodations that are places we are when not at home, work, or school that includes but is not limited to medical offices, hotels, theaters, public parks, restaurants, retail stores & malls, and public transit.

Quick Overview

To summarize:

  1. The aim of the ADA is to remove barriers to people living with disabilities in all areas of life. Also, to ensure there is no discrimination based on disability.
  2. Places of public accommodation must make modifications to be accessible for people with disabilities.
  3. Places of public accommodation include a wide range of entities such as restaurants, hotels, and theatres.

Are Documents Covered Under the ADA Title III?

In this section, we will answer if documents are covered under Title III of the ADA? We will also be examining:

  1. ADA requirements for digital documents,
  2. Increase of ADA/web accessibility-related lawsuits,
  3. How ambulance-chasing lawyers found a profitable niche that is problematic for you.

The Answer to the Big Question

Are digital documents considered “places of public accommodation?” If the answer is yes, then you need to ensure compliance with ADA Title III. You need to ensure that the documents are accessible to all people including the disabled. So, let us examine this further.

A man with a clipboard pointing at a question mark.

The U.S. Department of Justice (DOJ) is a federal executive department of the United States government. Their role is to enforce the federal laws and administration of justice. In short, they are the enforcement entity of the ADA. On September 25, 2018, the DOJ sent Congress a letter clarifying their views on whether a website, including all the documents, is in Title III of the ADA. Despite the lack of clear regulations at the time, the DOJ confirmed that it is a place of public accommodation.

The letter states,

“The Department first articulated its interpretation that the ADA applies to public accommodations’ websites over 20 years ago. This interpretation is consistent with the ADA’s…requirement that the goods, services, privileges, or activities provided by places of public accommodation be equally accessible to people with disabilities.”

A screenshot of the DOJ letter to Congress stating that "ADA applies to 'public accommodations' websites over 20 years ago".

Is there a Precedent?

Despite the lack of clear regulations, it has not stopped lawyers from pursuing cases related to digital accessibility. One well-known case is Robles v. Domino’s Pizza Inc. in 2019. The pizza chain giant lost the case and was subject to the regulations under Title III. This is in all regards to their website and digital documents like menu, investor annual reports, etc.

A screenshot of the CNBC article titled "Supreme Court hands victory to blind man who sued Domino's over site accessibility" with the front of a Domino's restraunt.

This landmark case set a large trend for lawsuits relating to Title III non-compliance with the ADA. Netflix, Amazon, and even superstar music artist Beyonce spent millions of dollars fighting digital accessibility lawsuits. The more these companies experience lawsuits. The more media attention they garner. Meaning more discourse and attention for accessibility lawsuits.

Beyoncé

What the Stats Have to Say

In 2013, there were 2,722 Title III lawsuits filed in federal courts. That number increased to 10,163 lawsuits (3.7 times) by 2018. This significant rise in cases was due to the influx of lawsuits relating to digital accessibility.

A bar graph of the ADA Title III lawsuits in Federal Court from 2013 to 2018. In 2013, there were 2,722 total lawsuits. In 2014, there were 4,436 total lawsuits. A 63% increase over 2013. In 2015, there were 4,789 total lawsuits. An 8% increase over 2014. In 2016, there were 6,601 total lawsuits. A 37% increase over 2015. In 2017, there were 7,663 total lawsuits. A 16% increase over 2016. In 2018, there were 10,136 total lawsuits. A 33% increase over 2017.

There is no industry or person that is particularly safe from these lawsuits. According to a report from Usable Net, there are a wide variety of industries targeted in ADA digital accessibility lawsuits in 2019. There has also been a trend to file multiple lawsuits within the same years. This means that if you don’t act fast enough, you are likely to get hit with another lawsuit before you have recovered from the previous one.

What happens if your documents are not accessible?

Digital documents that fail to be compliant with ADA accessibility guidelines are likely targeted by ambulance-chasing law firms. They have found a niche that can make lots of money by suing document owners and easily winning the cases in court. The average settlement cost following an accessibility demand letter is $5,000. Companies have reported lawsuits resulting in over $20,000 in settlement costs.

A screenshot of a complaint class action introduction letter.

From court rulings to digital rights activists, the general consensus is that digital documents are public spaces for people with disabilities. Non-compliance is more expensive and a bigger headache than actually achieving accessibility compliance.

When you follow ADA digital accessibility guidelines, you actually enjoy extra benefits like enhanced brand perception and growth from new users.

In the next section, you will learn how to make your documents accessible and ADA compliant.

A business case for digital accessibility with a group of disabled people. There are 2.3 billion people globally considered disabled. The disabled population has $6.9 trillion in annual disposable income. The lawsuits related to digital accessibility are on the rise. Source: www.w3.org/WAI/business-case.

Step-to-Step: How to Make Documents Accessible and ADA Compliant

Now that you have a basic understanding of ADA document accessibility it is time to get technical.
 
What does it actually mean to make your digital documents accessible? And to whom exactly?

Digital vs. Physical Space

Historically, the ADA named “places of public accommodation” as all physical places. These are theaters, museums, and restaurants. When a restaurant owner designs their location they need to think about adding accessible ramps and toilets.

Two people on laptop computers with an online course instructor.
An accessible ramp with sign at a restaurant.
An accessible restroom with multiple grab bars.

Interacting with a computer is different. A person who needs a wheelchair can often use a computer in the same way a non-disabled person does.

A man in a wheel chair using a computer.

Who do we need to make our documents accessible for?

Take minute and think about how you interact with your computer.
 
  • You use your eyes for viewing the computer screen. People with visually-impairment need assistance accessing your documents. These include:
A split screen of fruit with one section that is color normal and the other half color blind.
People who are color blind.
A blurred image of tunnel vision.
People with tunnel vision.
A blind woman looking at a computer screen with headphone around her neck.
People who are completely blind.
Two people walking on the street the center being very blurred.
People with central loss vision.
An old woman with low vision viewing a laptop screen.
People with low vision.
  • You use your ears to hear videos and audio. People with hearing-impairment need assistance accessing this media which is embedded or linked in your documents. These include:
Hearing impaired woman working with laptop at office.
People who are hard of hearing or deaf.
  • You use cognitive processes to understand the information that’s displayed on the screen. People with cognitive-impairment need assistance accessing your document. These include:
Woman with ADHD frustratingly sitting in front of computer.
People with Attention Deficit Hyperactivity Disorder (ADHD).
A woman with Down Syndrome sitting in front of a laptop computer.
People with Down Syndrome.

Web Content Accessibility Guidelines (WCAG)

The Department of Justice (DOJ) references WCAG 2.0 level AA Conformance as the online accessibility standard to be ADA compliant. The likelihood of being sued for lack of accessibility is almost non-existent if your documents are WCAG 2.0 level AA compliant.

WCAG is a series of guidelines that provide information about web accessibility. It also includes guidelines for document accessibility. This gives document owners instructions on making their digital documents accessible to people with disabilities.

WCAG and ADA Title III Checklist

At first glance, the WCAG guidelines look complicated and can be intimidating. When the guidelines are broken down and put simply, the requirements are solved performing a few basic actions.

Add accessibility interface to your documents.

An accessibility interface allows any person to adjust your document to fit their individual needs or disabilities. A few use cases of an accessibility interface are:

  • Visually impaired functions which allow for larger text, contrast, and careful use of colors.
  • Cognitive disability functions to help which allow people with autism and dyslexia to focus and understand important document elements.
  • ADHD friendly functions which help reduce distractions to allow people with neurodevelopmental disorders to ingest document content more easily.

Adding Alternative Text to your documents.

Screen readers are used by visually impaired users to better understand content in a document. In order for screen readers to work on your document, it is important to add Alternative text, or also referred to as Alt text, to non-text elements.

Images and other media help to tell a story in your document. For example, some images explain places, things, products, or otherwise contribute to the overall contextualization and understanding of your document’s content.
 
Adding Alt text to your images and text transcripts to video files associated with your document makes those elements easier to understand.
 
Clearly labeling your forms and any input fields also work hand-in-hand with screen readers.

Summary

We hope you enjoyed our guide.
 
Now one question remains about document accessibility and compliance: Where does your business or organization stand?
 
Thanks to document remediation services, like RemDoc, achieving ADA Title III and Section 508 compliance has never been easier.
 
Thankfully, your document compliance journey will not only protect you legally but open your business to an entirely new world of users, innovative practices, opportunities, and more.
 
So what are you waiting for?
 
 
Two people point at a form on a clipboard.
Hands holding a clipboard with a free doc review and quote form.

Get an Accessibility Document Review
and Estimate Today!

Get Started

Related Posts

Scroll to Top
Skip to content