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Accessibility Lawsuits Increase Under Biden

February 2, 2022

The U.S. Department of Justice (DOJ) required Hy-Vee and Rite Aid to have accessible websites for their companies’ vaccine registration. The websites were not accessible to individuals with vision impairments and other disabilities. 

Enforcement efforts around website accessibility are increasing, following almost no activity in this area during the Trump administration. With increased enforcement activity and thousands of private lawsuits filed every year over websites that are alleged to be inaccessible, companies should make digital accessibility a top priority for 2022.

"We have seen a huge increase of web accessibility lawsuits during covid. The economy is already hard for a lot of businesses, and these lawsuits can hurt," said Jennifer Flood, owner of National Compliance Group. "Its important to make your sites accessible to disabled users. It helps your business and it helps a large group of Americans." 

The DOJ has been enforcing Titles II and III of the Americans with Disabilities Act (ADA). Title II applies to state and local governmental entities, and Title III primarily applies to public accommodations—which include hotels, restaurants, theaters, grocery stores, clothing stores, shopping centers, banks, hospitals, private schools and universities, and other physical places that are generally open to the public.

DOJ’s position is that the ADA applies to websites of state and local governments (under Title II) and public accommodations (under Title III). 

National Compliance Group works with business owners to create accessible online spaces, provides legal support for compliance with settlements and lawsuits, and monitors for continued accessibility.  If you need assistance for your website accessibility or have questions about whether these regulations apply to your business please contact us a www.nationalcompliancegroup.com or Jennifer Flood directly at jflood@nationalcompliancegroup.com.