ADA Online Compliance
ADA Online Compliance
By: Sierra Grandbois, JD
October 20, 2020
As evident by the increasing growth in online shopping, American consumers are shifting from shopping in physical stores to online websites. Further, with COVID-19, workforces have endured a new challenge of creating methods for employees to work from home effectively. These shifts create many changes and challenges to small businesses, one of which includes ADA online compliance. Approximately 51.2 million people in the United States have disabilities and as the average life expectancy continues to increase, more online users will be older and business owners will need to adjust the way they handle business.
ADA compliance is normally associated with a person’s experience within a physical building but increasingly ADA compliance is being required for online platforms as more business is being conducted online. Under 28 C.F.R. § 36.303, “A public accommodation shall take those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently,” and specifically Subdivision (c) mandates that a public accommodation shall provide, “effective communication,” which has been more frequently been linked to accessing online platforms. If ADA compliance is not met, it can be extremely costly to the business owner.
Fortunately, there are easy ways to mitigate the potential for a lawsuit. When a person has a communication or mobility disability, they often use digital assistive technology to help navigate websites, which may include closed captions, audio captions, screen readers, or even eye tracker technology for those who cannot use a mouse or keyboard. To make utilization easier for people with disabilities, some suggestions a business owner consider implementing include the following:
A reassessment would occur within every three years thereafter. Due to potential misevaluations of fair market values, an appeal process has been established, but the specifics have not yet been determined.
Due to the probable outcome of many properties being taxable at the much higher market value rate, it is likely that property owners would develop their properties in an effort to justify the unavoidable monthly rents needed to be charged or abandon commercial property and build residential where possible.
Although Proposition 15 appears on its face to be an effective way to generate revenue for the state and only affect those with substantial property ownership, the passage of this proposition would likely result in detrimental outcomes for business owners. Most landlords pass taxes through to tenants as part of the rent and have additional charges added for tax increases. With higher taxes, most of those increases will be passed on to small businesses who are often tenants of commercial landlords. This will result in higher rental costs for small businesses who have already been significantly impacted by COVID, some of the highest taxes in the nation, and most onerous business regulations in the nation.
The attorneys at BPE Law Group, P.C. have been assisting commercial property owners for more than two decades and have significant experience in planning and risk mitigation.
The information presented in this article is not to be taken as legal advice. Every person’s situation is different. If you are facing a legal issue of any kind, get competent legal advice in your State immediately so that you can determine your best options.
- If a graph is displayed, provide the information in a table or other word format;
- If a map is embedded in the website, provide the address in word format as well;
- If you are a real estate agent or selling any personal property, consider along with pictures writing out a description of the important information for the listing; and
- Have a form or method for the user to be able to communicate with you and express their specific needs.
Another effective way to mitigate liability is to work with a vendor who handles the creation and maintenance of the website or remote access technology. When reviewing vendors, make sure to address their qualifications when it comes to accessibility, such as the standards the vendor uses, how do they test the platform to make sure it is accessible, and if they provide support to users who are having issues accessing the platform.
Implementation of these changes not only leads to avoidance of litigation but can also mean an increase in revenue from a client or employee productivity standpoint. Between the natural shift of online shopping and COVID-19 forcing a large group of the population to work from home, accessibility to all online users has become increasingly important and should be considered in the business model.
The information presented in this article is not to be taken as legal advice. Every person’s situation is different. If you are facing a legal issue of any kind, get competent legal advice in your State immediately so that you can determine your best options.
Recent and Popular Articles From Our Blog:
- March 30 – The CARES Act Stimulus Package Guidance
- April 23 – Pending Legislation in the Wake of COVID-19
- April 28 – A New Reality – Temporary or Permanent – Virtual Showings and Disclosures
- May 12 – Executive Order Creates Worker’s Comp Liability for Small Business
- May 18 – Planning for Bankruptcy
- May 22 – Servant Leadership
- June 8 – Paycheck Protection Program Flexibility Act is Enacted
- June 10 – Impact to Credit Score After Filing Chapter 7 Bankruptcy
- June 26 – SBA Rolls Out Updated PPP Loan Forgiveness Application
- July 2 – Understanding the Home Equity Sales Contract Act 2020
- July 14 – Governor Rolls Back Re-Opening
ADA Online Compliance
By: Sierra Grandbois, JD
October 20, 2020
As evident by the increasing growth in online shopping, American consumers are shifting from shopping in physical stores to online websites. Further, with COVID-19, workforces have endured a new challenge of creating methods for employees to work from home effectively. These shifts create many changes and challenges to small businesses, one of which includes ADA online compliance. Approximately 51.2 million people in the United States have disabilities and as the average life expectancy continues to increase, more online users will be older and business owners will need to adjust the way they handle business.
ADA compliance is normally associated with a person’s experience within a physical building but increasingly ADA compliance is being required for online platforms as more business is being conducted online. Under 28 C.F.R. § 36.303, “A public accommodation shall take those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently,” and specifically Subdivision (c) mandates that a public accommodation shall provide, “effective communication,” which has been more frequently been linked to accessing online platforms. If ADA compliance is not met, it can be extremely costly to the business owner.
Fortunately, there are easy ways to mitigate the potential for a lawsuit. When a person has a communication or mobility disability, they often use digital assistive technology to help navigate websites, which may include closed captions, audio captions, screen readers, or even eye tracker technology for those who cannot use a mouse or keyboard. To make utilization easier for people with disabilities, some suggestions a business owner consider implementing include the following:
A reassessment would occur within every three years thereafter. Due to potential misevaluations of fair market values, an appeal process has been established, but the specifics have not yet been determined.
Due to the probable outcome of many properties being taxable at the much higher market value rate, it is likely that property owners would develop their properties in an effort to justify the unavoidable monthly rents needed to be charged or abandon commercial property and build residential where possible.
Although Proposition 15 appears on its face to be an effective way to generate revenue for the state and only affect those with substantial property ownership, the passage of this proposition would likely result in detrimental outcomes for business owners. Most landlords pass taxes through to tenants as part of the rent and have additional charges added for tax increases. With higher taxes, most of those increases will be passed on to small businesses who are often tenants of commercial landlords. This will result in higher rental costs for small businesses who have already been significantly impacted by COVID, some of the highest taxes in the nation, and most onerous business regulations in the nation.
The attorneys at BPE Law Group, P.C. have been assisting commercial property owners for more than two decades and have significant experience in planning and risk mitigation.
The information presented in this article is not to be taken as legal advice. Every person’s situation is different. If you are facing a legal issue of any kind, get competent legal advice in your State immediately so that you can determine your best options.
- If a graph is displayed, provide the information in a table or other word format;
- If a map is embedded in the website, provide the address in word format as well;
- If you are a real estate agent or selling any personal property, consider along with pictures writing out a description of the important information for the listing; and
- Have a form or method for the user to be able to communicate with you and express their specific needs.
Another effective way to mitigate liability is to work with a vendor who handles the creation and maintenance of the website or remote access technology. When reviewing vendors, make sure to address their qualifications when it comes to accessibility, such as the standards the vendor uses, how do they test the platform to make sure it is accessible, and if they provide support to users who are having issues accessing the platform.
Implementation of these changes not only leads to avoidance of litigation but can also mean an increase in revenue from a client or employee productivity standpoint. Between the natural shift of online shopping and COVID-19 forcing a large group of the population to work from home, accessibility to all online users has become increasingly important and should be considered in the business model.
The information presented in this article is not to be taken as legal advice. Every person’s situation is different. If you are facing a legal issue of any kind, get competent legal advice in your State immediately so that you can determine your best options.
Recent and Popular Articles From Our Blog:
- March 30 – The CARES Act Stimulus Package Guidance
- April 23 – Pending Legislation in the Wake of COVID-19
- April 28 – A New Reality – Temporary or Permanent – Virtual Showings and Disclosures
- May 12 – Executive Order Creates Worker’s Comp Liability for Small Business
- May 18 – Planning for Bankruptcy
- May 22 – Servant Leadership
- June 8 – Paycheck Protection Program Flexibility Act is Enacted
- June 10 – Impact to Credit Score After Filing Chapter 7 Bankruptcy
- June 26 – SBA Rolls Out Updated PPP Loan Forgiveness Application
- July 2 – Understanding the Home Equity Sales Contract Act 2020
- July 14 – Governor Rolls Back Re-Opening