Web accessibility is a topic that’s gaining significant traction in the digital landscape. If you’re a website owner, it’s essential to be aware of the ongoing changes in legislation, particularly the New California Assembly Bill. Why? Because these changes have the potential to affect your online business directly.

The New California Assembly Bill is a groundbreaking law focusing on making the web more accessible, not just for California but for everyone. But what does this mean for website owners?

What is the New California Assembly Bill?

On June 12, 2023, the California Assembly’s Judiciary Committee changed a proposed law, Assembly Bill (AB) 1757. AB 1757 has been completely revised from its original content. Initially, it proposed changes to laws associated with the court system. However, its current version has replaced that content with the language from AB 950, a bill that previously didn’t pass the house.

This change introduces new requirements for all websites and mobile apps of “business establishments” to meet certain accessibility guidelines, known as WCAG 2.1 Level AA. 

The Web Content Accessibility Guidelines are internationally shared guidelines for improving web accessibility.WCAG included specific checkpoints and recommendations based on a principle-based approach to ensure all users can share the same experience regardless of disability or assistive software

But there is already well-established legislation for web accessibility. How is AB 1757 different?

Change in the Legal Landscape

While web accessibility has been a concern for many years, the new bill could profoundly change the legal landscape. By requiring conformance with WCAG 2.1, the bill would establish firm technical requirements for website accessibility. However, it would allow people with disabilities and businesses to sue third-party developers if they create non-compliant apps and websites.

People with disabilities could take legal action if a website stops them from getting the same access as everyone else. But these ideas aren’t new and already exist in legislation. So, businesses aren’t getting any unique advantages from this part of the bill. What’s really changing is that there will be more legal risks for companies and their website developers if they don’t follow the WCAG 2.1 AA guidelines.

A Supplement for California’s Unruh Act

California’s Unruh Act is a landmark civil rights bill that prevents businesses from discriminating against individuals based on sex, race, color, religion, and disability. If a company violates the Americans with Disabilities Act (ADA), it also infringes the Unruh Act. However, a recent court decision stated that the Unruh Act does not apply to online-only businesses.

With the introduction of the new California Assembly Bill, there is an extension in this space, but with a specific focus on web accessibility. The new bill supplements the Unruh Act by bringing digital spaces into the fold. It recognizes that, in today’s age, discrimination can also occur in online environments — regardless of whether those organizations have a physical office in the state. 

The Impact on Online Business Owners

If you’re an online business owner, especially in California, this new bill might impact you in more ways than one:

WCAG 2.1 AA Becomes the National Standard

The bill has adopted the Web Content Accessibility Guidelines (WCAG) 2.1 AA as the de facto standard. You might face legal implications if your website or mobile app violates these guidelines.

This is a tall order considering that federal government websites only need to meet the less demanding WCAG 2.0 Level AA requirements. But according to the DOJ, many websites don’t even do that. Moreover, because all websites in the United States can be accessed in California, WCAG 2.1 AA will become the legal national standard for website accessibility.

No Transition Period

Once the bill becomes law, businesses won’t have a ‘grace period.’ Immediate compliance will be expected, so companies should be proactive in ensuring their digital platforms comply with WCAG 2.1 AA, or you might be at risk.

No Specific Provisions for Small Businesses

While accessibility is crucial, the bill doesn’t necessarily consider the potential undue hardship on small businesses. Many need more money or know-how to update their websites to meet and maintain WCAG 2.1 AA standards. Even the DOJ acknowledges that some small businesses might need more time to make these changes. 

The threat of legal exposure might result in small businesses removing their websites, which could hurt their ability to drive customers to their business.

Potential Cost Increase for Web Development

One of the less-discussed implications is the potential liability for website and mobile app developers. If developers knowingly construct, license, distribute, or maintain a digital platform that fails to comply with WCAG 2.1 Level AA could be held accountable. 

While this will likely incentivize developers to create compliant websites, it will also drive the cost of website development higher. This increase in pricing is due to the need for specialized skills and tools to ensure that sites and apps meet the required accessibility standards.

While upfront costs might be higher, ensuring your website is accessible can save potential litigation costs down the road. Furthermore, a more accessible website means a broader audience can engage with your content, leading to potential growth in business.

What Does This Mean For Website Owners?

If you’re a website owner, especially one with a limited understanding of web accessibility, you might feel overwhelmed. But here’s the deal:

Web and digital accessibility isn’t just about compliance; it’s about inclusivity. By ensuring your website is accessible, you’re expanding your audience base, catering to a broader demographic, and reinforcing your brand’s commitment to equality.

Yes, the initial steps toward compliance might seem daunting. And while the bill might not explicitly factor in the undue hardship on small businesses, it’s essential to recognize that accessibility is an ongoing journey, not a destination. Start with small steps:

• Educate Yourself: Understand the basics of WCAG 2.1 AA guidelines. They’re not as complex as they sound. Many online resources break them down into easily digestible recommendations.
• Seek Expertise: If you’re unsure about your website’s compliance, consider getting an accessibility audit. These audits, conducted by professionals, provide actionable recommendations.
• Developer Communication: If you’re in the process of building or revamping your website, communicate with your developers about the importance of accessibility. Remember, awareness is the first step.

Find Out If Your Website is WCAG-compliant

Recognizing the growing need for web accessibility compliance, companies like 216digital are at the forefront of web accessibility remediation. Leveraging years of experience and specialized tools, we can help you navigate the often complex waters of digital accessibility. 

We will help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms so that you can focus on the other tasks on your to-do list. Not only will they ensure your website meets the required standards, but we can also guide you in maintaining this standard in the future.

If you need clarification on whether your site complies with AB 1757’s WCAG 2.1 level-AA criteria, contact 216digital for a complementary ADA Strategy Briefing. We can help determine if your website is at risk of a lawsuit and offer fast and effective ADA compliance solutions that ensure your site is accessible to everyone and reduce your risk of litigation — letting you focus on what you do best.

Navigating the online marketplace as a business owner has never been more intricate. The echoing chime of “web accessibility lawsuit” has grown louder this year, and for many, the threat of a web accessibility lawsuit looms large. 

Web accessibility, once a buzzword for the tech-savvy, is now a focal point for every online entrepreneur. And if the stats from 2023’s mid-year report are anything to go by, ignorance is not bliss. In fact, it’s downright risky.

Let’s dive deep into the data, exploring everything from the uptick in ADA non-compliance lawsuits to the pivotal “Dear Colleague” Letter recently released. In today’s digital world, being informed isn’t just advantageous—it’s essential.

Digital Accessibility Lawsuits Are on the Rise

The numbers are in, and they’re striking: An estimated 4,220 digital accessibility lawsuits are predicted by the end of 2023. This marks a staggering 182% rise from the 2,314 cases in 2018. This trend has shown no signs of slowing down. In fact, it’s only gaining momentum, especially in states like New York, Florida, and California. 

This sunshine state has recorded a whopping 228 web accessibility lawsuit filings in just the first half of 2023. That’s a 30% increase from the 160 lawsuits filed in the first half of 2022. This trend highlights the imperative for businesses to be compliant, especially if they operate in these states.

But how can this data help online business owners? Let’s look at how websites are targeted in 2023 to help you mitigate the risk of an ADA lawsuit. 

Which Industries Are Most at Risk?

From e-commerce platforms where seamless user experiences drive sales to educational institutions striving for inclusive online learning environments, the pressure to ensure equal access intensifies. With both legal implications and ethical considerations at stake, let’s delve deeper into which industries are most at risk in the current landscape.

E-commerce At The Forefront

E-commerce platforms are the usual suspects when it comes to ADA non-compliance cases. The U.S. Census Bureau’s Annual Retail Trade Survey (ARTS) highlighted a significant shift in consumer habits during the pandemic, leading to a 43% surge in e-commerce sales within its first year.

With the world shopping online more than ever, the demand for accessible e-commerce sites has never been higher. Since 2018, 406 of the top 500 e-commerce retailers have been hit with ADA digital lawsuits, with a striking 13% filed just this year. 

These sites often become targets for digital accessibility lawsuits due to their vast online presence, intricate nature, ever-evolving content, and multi-platform structure. However, it’s crucial for e-commerce business owners to emphasize web accessibility, not only to avoid legal complications but also to ensure a positive customer experience.

For an in-depth look at e-commerce ADA litigation, check out our article “Retail is the Prime Target for ADA Web Accessibility Lawsuits.”

Industries in Focus: The Shift to Education

While e-commerce is a frequent target, there’s been a notable shift in the industries being targeted. In 2023, the education sector experienced a surge in legal cases, positioning it as the third most frequently sued industry. With increasing focus on accessibility within higher education and significant lawsuits against universities, this trend is expected.

The joint letter, “Dear Colleague,” from the Department of Education (DOE) and the Department of Justice (DOJ) in May 2023 delivered a comprehensive assessment of the relationship between the ADA and Section 504 and the online content produced by tertiary institutions.

This May 2023 document clarifies the requirements universities and colleges must adhere to remain ADA-compliant. Furthermore, the letter underscores the DOE and DOJ’s commitment to pursue institutions that fall short of compliance firmly. In line with the DOJ’s impending updates about online accessibility, this reinforces the importance of web accessibility in education.

Small Companies Bear the Brunt

Size doesn’t matter when it comes to ADA non-compliance. In fact, smaller companies with revenues under $25 million have been on the receiving end. They accounted for 77% of ADA non-compliance cases in the first half of 2023. 

This figure will likely rise, as many large companies have already been the target of an ADA lawsuit in the past four years. They have since remediated their digital platforms and developed comprehensive accessibility initiatives.

This proves that no company is too small to be overlooked. As we enter the second half of 2023, smaller companies must begin taking action to make their online presence fully accessible. This is especially crucial as legal plaintiffs and firms shift their focus from just the large e-commerce players to a broader range.

Web Accessibility Widgets: A Double-Edged Sword?

Many businesses have adopted accessibility widgets in an attempt to meet ADA standards. However, these widgets haven’t been the magic solution many hoped for. Lawsuits against companies using these tools surged to 414 this year from 336 in 2022.  

The trend of filing ADA complaints and lawsuits against companies using accessibility widgets will likely continue, as full ADA or WCAG compliance cannot be achieved using overlays or widgets alone. 

One of the biggest problems with accessibility widgets is that they do not address the inherent access barriers on websites. While most of these issues are invisible to most users, they are significant barriers for people with disabilities. 

Moreover, overlays can only detect 30% of web accessibility errors. Unfortunately, the WCAG guidelines are too complex for overlay tools to provide the robust modifications required. The remaining 70% of the issues are seen only through manual testing.

For more information about the risks of overlay widgets, check out our article, Why AI & Overlay Widgets Fail ADA Website Compliance. 

Why the Surge in Web Accessibility Lawsuits?

The ADA’s legal scope concerning digital accessibility remains somewhat ambiguous, leaving substantial room for interpretation. Established in 1990, the ADA predates the Internet’s widespread use, leading many to believe it was solely for physical establishments. However, the digital landscape has drastically evolved since the ADA’s inception. 

The Internet is indispensable today, offering avenues for communication, entertainment, goods, and services. With countless businesses operating online, inaccessible websites mean individuals with disabilities miss out on a significant societal aspect, making businesses susceptible to legal actions. 

The rising number of lawsuits against companies not offering inclusive web interfaces, coupled with the DOJ’s active participation in verdicts against them, indicates the ADA’s relevance to online platforms. Notably, the DOJ’s prospective Title II regulations and President Biden’s emphasis on online accessibility in July of this year have further underscored its importance. If companies remain non-compliant, the surge in lawsuits is likely to persist.

Reduce Your Risk with 216digital

In today’s digital age, web accessibility is more crucial than ever. As an online business owner, it’s essential to recognize the significance of ADA compliance, both ethically and legally. Investing in web accessibility widens your customer base and shields you from potential legal repercussions. 

Now is the time to act, as the cost of non-compliance could be detrimental.
Whether you want to protect against a frivolous ADA accessibility lawsuit or become WCAG 2.1 AA compliant, 216digital has you covered. After years of analyzing ADA lawsuits, we’ve discerned the tactics used by law firms to pinpoint websites for groundless ADA claims and how to protect businesses against them. Our team of accessibility experts can also develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms. So don’t wait any longer—find out where you stand by scheduling a complementary ADA Strategy Briefing today.