The Costly Reality of Accessibility Lawsuits: Protecting Small Businesses Through Content Accessibility

In today's digital landscape, accessibility is not only a moral imperative but also a legal requirement. With the rise in accessibility lawsuits, small businesses must understand the potential financial consequences of non-compliance. In this blog post, we will explore the over expenses associated with accessibility lawsuits and provide practical examples of how making content accessible can protect and save small businesses from legal challenges.

The Financial Toll of Accessibility Lawsuits:

Accessibility lawsuits can result in significant financial burdens for small businesses. Legal fees, settlements, and potential fines can quickly escalate, draining resources that could otherwise be invested in growth and innovation. Moreover, the damage to a business's reputation and customer trust can have long-lasting repercussions.

Small Businesses at Higher Risk:

Small businesses are particularly vulnerable to accessibility lawsuits. Limited budgets and resources often mean they may not prioritize accessibility when creating digital content. Unfortunately, this increases their risk of legal action, as advocates and organizations focus on raising awareness about the importance of inclusivity.

Practical Example Website Accessibility :

Consider a small clothing boutique with an online presence. If their website lacks proper accessibility features, individuals with visual impairments using screen readers may struggle to navigate the site or make purchases. In this case, the business could face a lawsuit for non-compliance with accessibility standards.

The Value of Making Content Accessible:

By making content accessible, small businesses can protect themselves from lawsuits and save substantial amounts of money. Here are some practical simple steps they can take:

a. Ensure Alternative Text (alt text): By providing accurate and descriptive alt text for images, small businesses can make visual content accessible to individuals with vision impairments, reducing the risk of legal action. 

tips: How to Find Alt Text on a Website Using Chrome’s Developer Tool

b. Use Semantic HTML: Structuring web content with proper heading tags and semantic elements enables screen readers to navigate and interpret the information correctly, promoting inclusivity and avoiding legal complications.

tips: Why do semantics matter? -- #A11ycasts 08

c. Keyboard Accessibility: Ensuring that all functionalities on a website or application can be accessed and operated using a keyboard alone benefits individuals with mobility impairments. This proactive measure can help small businesses avoid potential lawsuits.

tips: Web Accessibility Perspectives: Keyboard Compatibility

d. Inaccessible Forms and Controls: Websites with forms or interactive elements that are not accessible to screen readers or lack proper labeling can pose significant challenges for individuals with disabilities. Such inaccessible forms can lead to legal action.

tips: How to make accessible forms - with lots of examples!

e. Color Contrast : To mitigate the risk of lawsuits related to color contrast, website owners should ensure that their design and color choices meet the necessary accessibility standards. This includes selecting color combinations that provide enough contrast and are accessible to individuals with different levels of visual acuity. 

tips : How to check for accessible colors -- A11ycasts #17

tips:  FIX Color Contrast – Accessibility in Web & UI Design

Real-Life Success Story:

Consider a small restaurant that faced an accessibility lawsuit due to its inaccessible website. Instead of undergoing lengthy litigation, the business proactively addressed the accessibility issues and settled the matter amicably. By making their content accessible, they not only avoided further legal expenses but also demonstrated their commitment to inclusivity, earning positive publicity.

How can designers balance the need for visually appealing and user-friendly websites with the imperative of accessibility and inclusivity for individuals with cognitive disabilities?

How often have you come across websites that have overwhelming visual elements, complex language and jargon, tricky interactive elements , unexpected popups , complicated navigation or a lack of clear structure and organization ?

In recent years, there has been a burgeoning focus on creating visually pleasing and user-friendly websites with a marked emphasis on the user experience (UX) and user interface (UI) design. However, this design approach can actually create substantial impediments for individuals with cognitive disabilities.

Cognitive disabilities refer to a diverse range of conditions that can impede an individual's ability to process information. These conditions include dyslexia, attention deficit hyperactivity disorder (ADHD), autism spectrum disorder (ASD), and intellectual disabilities. Such individuals often encounter difficulty with cognitive functions such as memory retention, attention, and decision-making, among others. Consequently, they may find it arduous to navigate visually complex and stimulating websites.

Heavily UX/UI-centric websites can add to cognitive overload for users with cognitive disabilities in multiple ways. For instance, websites with an overabundance of visual elements or animations can be overwhelming and distracting for some users, making it problematic for them to concentrate on the content. Similarly, websites with intricate navigation or a lack of clear structure can be disorienting and baffling, making it challenging for users to locate the information they need.

There have been several legal cases in recent years related to inaccessible websites, including those that are overly UX/UI-centric. One notable example is the case of Bey v. City of New York, in which a visually impaired individual sued the city of New York for having a website that was not accessible to blind users. The website had several UX/UI elements that were incompatible with screen reader technology, making it arduous for the plaintiff to access vital information about city services.

Another example is the case of National Federation of the Blind v. Target Corporation, in which the National Federation of the Blind sued Target Corporation for having a website that was not accessible to blind users. The website had several UX/UI elements that were incompatible with screen reader technology, making it strenuous for the plaintiff to access information about products and services.

These lawsuits underscore the significance of designing websites that are accessible to all users, including those with cognitive disabilities. By prioritizing simplicity, clarity, and ease of use, designers can create websites that are not only visually appealing but also accessible and inclusive. This entails ensuring that websites feature unambiguous and concise language, simple navigation, and a consistent layout.

In conclusion, while heavily UX/UI-centric websites can improve the user experience for many individuals, they can also create significant barriers for users with cognitive disabilities. By designing websites that are accessible and inclusive, we can ensure that all users can access the information they need and participate fully in the digital world.