From Legal Risk to Business Growth

Welcome and Introductions

Dominique, Account Executive at accessiBe:

Welcome, everyone. Thank you so much for joining us for today’s webinar on legal risk, business growth, and how to master the ADA and web accessibility.

We’ll explore how businesses can use accessibility to reduce legal exposure while also driving business success.

My name is Dominique, and I’m an account executive here at accessiBe. I’ve worked here for more than two years, primarily speaking with enterprise organizations about the importance of web accessibility and how businesses can use it to support growth.

I’d also like to introduce Kelly, who will tell us a little more about herself.

Kelly Brook Simino, Disability Rights Attorney:

Good afternoon, everyone. My name is Kelly Brook Simino, and I’m an attorney based in Washington, D.C.

When I was 16 years old, I was involved in a car accident that left me paralyzed. I’ve been a wheelchair user ever since.

That experience shaped the direction of my legal career. My work focuses on disability rights and empowering people with disabilities.

Today, I’m excited to bring a legal perspective to the issue of accessibility on the web.

The Internet Broke Its Promise

Dominique:

To be very direct, the internet broke its promise.

The internet was originally intended to make everyone’s lives easier, but a significant percentage of the population still has little or no meaningful access to it.

As of 2020, only 3% of the internet was accessible to people with disabilities.

At the same time, approximately 27% of Americans live with a disability.

That means a significant portion of the population is still being digitally excluded.

Closing that gap requires businesses to prioritize web accessibility.

Today, we’ll explain why accessibility matters, how it can reduce legal risk, and how it can support business growth.

What Is Web Accessibility?

Web accessibility refers to a set of rules, behaviors, coding standards, and design guidelines created to make websites usable by people with disabilities.

These standards were developed by the World Wide Web Consortium, or W3C, and are known as the Web Content Accessibility Guidelines, or WCAG.

WCAG 2.1 at the AA level is widely recognized as the leading standard for web accessibility.

Web accessibility is an important topic for:

• Business owners

• Website owners

• Developers

• Designers

• Marketers

• Anyone responsible for digital content

Businesses should understand these requirements and take action before accessibility becomes a legal or operational problem.

Research conducted for Global Accessibility Awareness Day found that only 25% of business owners and company leaders could accurately define web accessibility.

Today’s webinar is designed to help close that knowledge gap.

What We’ll Cover

We’ll focus on three areas:

• The legal aspects of web accessibility

• The business benefits of accessibility

• Accessibility solutions that can help meet different business needs

I’ll now pass it over to Kelly to discuss the legal framework.

The Americans with Disabilities Act

Kelly:

It’s always great to join accessiBe and explain why businesses need to care about this issue.

Companies need to reduce legal risk, and as the digital world continues to evolve, the accessibility of digital spaces has become increasingly important.

To understand the legal framework, we need to begin with the Americans with Disabilities Act, commonly known as the ADA.

The ADA is a major piece of federal legislation that was signed into law in 1990.

Its purpose is to ensure that people with disabilities have the same rights and opportunities as everyone else.

The ADA applies across many areas, including:

• Public spaces

• Restaurants

• Libraries

• Employment

• Communication

• Access to goods and services

However, the digital world looked very different in 1990.

Although there was a limited digital presence at the time, websites and online services did not function anything like they do today.

Because of that, the original ADA did not explicitly mention web accessibility.

This leads to an important question for business owners:

Does the ADA apply to websites?

The short answer is yes.

Although the ADA predates the modern internet, the U.S. Department of Justice has examined this issue directly.

The Department of Justice confirmed that the ADA applies to all goods, services, privileges, and activities offered by places of public accommodation, including those provided through websites.

As a wheelchair user, the ADA gives me the right to access physical spaces in my community.

The same principle applies online.

Websites and digital services should be open and accessible to people with disabilities.

The Future of Web Accessibility Legislation

Technology is evolving rapidly, and it’s likely that further legislation will eventually define web accessibility requirements more clearly.

Some states have already introduced deadlines requiring government websites and services to meet specific accessibility standards.

At the federal level, we have also seen multiple attempts to introduce legislation focused specifically on digital accessibility.

In 2022, the Websites and Software Applications Accessibility Act was introduced in both the House of Representatives and the Senate.

The purpose of the proposed legislation was to affirm that the ADA prohibits discrimination against people with disabilities when they use:

• Websites

• Software applications

• Mobile applications

• Other digital technologies

Although that legislation did not pass, it provides a strong indication of where the law is moving.

Future legislation is likely to clarify that websites and digital spaces must be accessible to everyone.

The Growth in Accessibility Lawsuits

Businesses also need to consider the legal risk of operating an inaccessible website.

The current trend is moving sharply upward.

In 2023, the number of lawsuits and demand letters involving website accessibility reached record levels.

A formal lawsuit represents only a small portion of the broader issue.

More than 8,000 businesses received demand letters alleging that their websites were not compliant with the ADA.

These letters generally claim that:

• The business is legally responsible for providing access

• The website is not accessible

• The business must pay to become compliant

• The business may also be responsible for damages and legal fees

This trend is expected to continue.

People with disabilities want equal access to digital services, and the current level of access remains inadequate.

The Iceberg of Legal Risk

The scale of the problem can be illustrated by an iceberg.

The section visible above the water represents accessibility lawsuits that have already been filed.

Those cases are public records and can be tracked.

However, the much larger section beneath the surface represents the disputes that never reach court.

These include:

• Demand letters

• Private settlements

• Cases resolved before filing

• Cases settled before trial

• Agreements reached before a verdict

Approximately 97% of cases are settled before they reach trial or receive a jury verdict.

That means the publicly reported lawsuits represent only a small part of the actual legal activity.

The issue is much larger than it first appears, and it represents a substantial risk for businesses.

The Cost of Noncompliance

An inaccessible website excludes people from the goods, services, or information a business offers.

That should be the first concern.

However, there are also direct financial consequences.

As a lawyer, I’m often asked what happens financially when a business receives a demand letter.

A business may be responsible for:

• Its own attorney fees

• The plaintiff’s attorney fees

• Settlement costs

• Accessibility audits

• Website remediation

• Potential damages

Attorney fees may range from approximately $5,000 to $15,000 or more.

The business will ultimately still need to make the website accessible.

When audit and remediation costs are added, the total expense may reach $40,000 for a single demand.

The key point is that the website will need to be remediated either way.

It is far better to address accessibility proactively than to wait until a legal complaint forces the business to act.

The legal trend is not slowing down.

Accessibility requirements are likely to become more clearly defined and more strongly enforced over time.

Check Your Website with accessScan

Dominique:

Thank you, Kelly.

Many of you may now be wondering whether your website is compliant and where you should begin.

We offer a free scanning tool called accessScan.

You can visit the accessiBe website and use accessScan, or scan the QR code shown on the screen.

The scan will give you an overview of your website’s current accessibility status.

We’ll give everyone a moment to try it.

If your website is shown as compliant, that is a strong result.

However, you may have only scanned the homepage, so it is important to test additional landing pages and areas of the site.

If your website is shown as semi-compliant, that means significant accessibility work may still be required.

If your website is shown as noncompliant, there is more substantial work to do.

That is not unusual, and there are solutions available to help.

What Makes a Website Compliant?

WCAG 2.1 at the AA level provides detailed guidance on how an accessible website should look and operate for people with disabilities.

The guidelines are extensive and explain the technical and design requirements in depth.

Several major accessibility areas are especially important.

Screen Reader Compatibility

Screen readers are software tools used by people who are blind or have low vision.

A screen reader reads the content currently focused on the screen and helps users navigate and understand the website.

Websites need to be structured so that screen readers can identify:

• Headings

• Links

• Images

• Buttons

• Form fields

• Navigation menus

• Page structure

Keyboard Navigation

Some people with motor impairments are unable to use a mouse.

They rely on the keyboard to move through a website.

An accessible website should allow users to reach important elements using the Tab key and other keyboard controls.

Users should be able to access:

• Menus

• Links

• Forms

• Buttons

• Shopping carts

• Checkout pages

Accessible UI and Design

The visual design of a website should also support users with visual impairments.

This may include allowing users to adjust:

• Color contrast

• Saturation

• Font size

• Spacing

• Background colors

• Text colors

These options can make content easier to perceive and understand.

Seizure-Safe Content

People with epilepsy or seizure disorders may be affected by flashing, blinking, or rapidly moving content.

Animations and automatic videos should be pausable.

Websites should avoid visual effects that may trigger seizures.

Clear and Understandable Content

People with cognitive or learning disabilities may need support focusing on content.

A website with large amounts of text may benefit from tools such as a reading mask, which helps the user focus on one section at a time.

Content should be clear, logically organized, and easy to understand.

Alt Text

Alt text describes the content and purpose of images.

It is particularly important for people using screen readers.

Without alt text, a screen reader may only announce a file name, which gives the user little or no useful information.

Descriptive alt text explains what is shown in the image and why it matters.

Alt text can also support SEO by helping search engines understand image content.

Color Contrast

Color contrast helps users distinguish text, buttons, and other visual elements from the background.

Poor contrast can make content difficult or impossible to see.

Accessible websites use sufficient contrast between text and background colors.

Text Resizing

Many websites use text that is too small for some users.

Accessible websites allow users to increase text size without breaking the layout or losing important content.

The Business Opportunity of Accessibility

Accessibility can unlock a significant market with strong buying intent.

People with disabilities, along with their families and friends, represent substantial annual spending power.

Some important figures include:

• Approximately 27% of U.S. adults live with a disability

• People with disabilities, their families, and their friends represent around $13 trillion in annual spending power

• Consumers with disabilities shop online nearly twice as often as the average consumer

These numbers demonstrate why the disability community should be part of any business growth strategy.

Accessibility and Conversion Rates

Accessibility can directly affect sales and conversions.

Approximately 71% of customers with disabilities will leave a website that is not accessible.

Around 50% may abandon a purchase because of accessibility barriers.

When people cannot access important website features, they are likely to become frustrated and leave.

For example, they may be unable to:

• Find a product

• Select an option

• Complete a form

• Add an item to a cart

• Reach the checkout

• Complete payment

When businesses examine abandoned carts or low conversion rates, accessibility may be an overlooked contributing factor.

SEO and Organic Traffic

Accessible websites can also perform better in search.

Search engines value websites that are organized, understandable, and easy to navigate.

Accessibility improvements often create:

• Better structure

• Clearer headings

• More descriptive images

• More usable navigation

• Improved technical organization

These factors can support better search rankings and organic traffic.

Improved User Experience

Accessibility creates a better experience for people with disabilities, but many accessibility improvements benefit everyone.

Clear navigation, readable text, logical page structure, and understandable content can make a website easier for all users.

A better user experience can encourage visitors to:

• Stay longer

• Return to the website

• Complete purchases

• Recommend the brand to others

Accessibility Tax Credits

Businesses may also qualify for tax credits that help cover the cost of accessibility improvements.

The IRS offers certain incentives for eligible businesses that invest in accessibility.

Businesses should consult a qualified tax professional to determine whether they meet the relevant requirements.

Brand Reputation and Loyalty

The disability community is highly loyal to businesses that demonstrate a genuine commitment to accessibility and inclusion.

When people feel that a company understands their needs and has made a proactive effort to include them, that can strengthen the company’s reputation.

Customers may also recommend accessible websites to:

• Friends

• Family members

• Colleagues

• Other members of the disability community

Accessibility can therefore create both reputational and commercial value.

Reducing Legal Risk

Accessibility can help businesses reduce the risk of:

• Demand letters

• Lawsuits

• Attorney fees

• Settlements

• Emergency remediation

• Reputational damage

Businesses should consider accessibility as part of both their legal risk strategy and their broader business strategy.

Two Approaches to Web Accessibility

There are two main approaches businesses can use to improve website accessibility.

The Manual Approach

The manual approach involves developers directly changing the website’s code or content management system.

Developers may need access to:

• HTML

• CSS

• JavaScript

• Templates

• Components

• CMS settings

• Design systems

They then make native accessibility improvements throughout the website.

Depending on the size and complexity of the site, manual remediation may cost between approximately $5,000 and $100,000.

It can also take multiple weeks or longer to complete.

The manual approach is particularly important when:

• Building a new website

• Redesigning an existing website

• Creating a new design system

• Developing complex components

• Establishing an accessible technical foundation

The Automated Approach

The second option is an automated approach.

accessiBe offers a solution called accessWidget.

With a single line of JavaScript, the system can analyze the website and begin applying accessibility adjustments.

The solution is designed to help bring the website closer to compliance within 48 hours.

It also performs ongoing maintenance every 24 hours.

The key benefits of this approach include:

• Faster implementation

• Automated scanning

• Ongoing adjustments

• Reduced dependence on continuous manual work

• Support as website content changes

accessWidget Demonstration

accessWidget appears as an accessibility icon on the website.

The location, appearance, and design of the icon can be customized.

When users open the widget, they can select from several disability profiles.

These profiles were developed with input from members of the disability community.

Users can also make individual adjustments based on their own preferences.

ADHD-Friendly Profile

The ADHD-friendly profile can apply a reading mask.

This helps users focus on a smaller section of text without becoming distracted by the rest of the page.

The user can turn the profile on and make further adjustments as needed.

Font and Spacing Adjustments

Users can change:

• Font size

• Line height

• Letter spacing

• Text alignment

• Content scaling

These adjustments can make text easier to read.

Color Adjustments

Users with color blindness or other visual impairments can change the website’s color settings.

For example, they may apply a dark contrast mode to make certain elements easier to distinguish.

Mobile Compatibility

accessWidget also works on mobile devices.

When a user visits a website that includes accessWidget, they may receive information explaining how to activate accessibility features on their device.

They can then apply the adjustments they need.

Questions and Answers

Does accessWidget Work on Mobile Devices?

Question from Sam:

Does the solution work on mobile devices?

Dominique:

Yes.

When a user visits a website with accessWidget on a mobile device, they can activate the accessibility features and apply additional adjustments as needed.

Are Certain Businesses at Greater Risk?

Question from Jonathan:

Is there a particular type of website or business at higher risk of a lawsuit?

Kelly:

No company is automatically exempt from accessibility litigation.

Cases have involved businesses across:

• Different industries

• Different company sizes

• Different website sizes

• Different business models

The fact that a company has been sued generally means that people with disabilities were unable to access the website.

People with disabilities want and deserve access to the internet as a whole.

Why Should I Act Before I Get Sued?

Question from Ronnie:

Why should I address accessibility now? Can’t I deal with it if I get sued?

Kelly:

Accessibility is both the right thing to do and a strong business decision.

An accessible website allows more people to use your services and can support:

• Increased traffic

• Better SEO

• Stronger brand reputation

• Customer loyalty

• Business growth

The disability community is highly loyal to businesses that make proactive efforts to include them.

Waiting until a lawsuit is filed also creates avoidable legal and remediation costs.

There are many reasons to act before a claim is made.

Will accessWidget Slow Down the Website?

Question from Peter:

Will accessWidget slow down the website or affect the user experience and design?

Dominique:

No.

accessWidget is a session-based solution.

It applies adjustments during the individual user’s session and does not directly change the website’s source code.

The user receives the accessibility adjustments they need without permanently affecting the experience for other visitors.

Businesses can also book a one-on-one consultation with the accessiBe team to discuss specific technical concerns.

Does accessWidget Work on WordPress?

Question from Ronald:

Does the solution work on WordPress?

Dominique:

Yes.

accessWidget works with:

• WordPress

• Shopify

• Other content management systems

• Static websites

• Web-based applications

accessFlow can also help development teams make accessibility improvements to the website’s underlying foundation.

How Much Can an Accessibility Lawsuit Cost?

Question from Gavin:

What are the potential fines or costs associated with a lawsuit?

Kelly:

The cost varies widely depending on the case.

Factors may include:

• The amount of legal work required

• Attorney fees

• Settlement costs

• Remediation expenses

• Potential damages

• The time required to resolve the dispute

In some larger cases, settlements can reach hundreds of thousands of dollars.

Small businesses may still be responsible for legal fees and website remediation.

The cost of addressing accessibility proactively is generally far lower than the cost of responding to litigation.

There may also be tax credits and other financial incentives available to help businesses make accessibility improvements.

Does a Landing Page Need to Be Accessible?

Question from Chris:

Does a landing page need to be accessible?

Kelly:

Yes.

The requirement to comply with accessibility standards applies to the business and its website as a whole.

That includes:

• Landing pages

• Microsites

• Informational pages

• Campaign pages

• Product pages

• Checkout pages

There is currently no general exemption for small businesses, small websites, or individual landing pages.

Future legislation may define certain requirements more specifically, but businesses should assume that any public-facing digital content needs to be accessible.

Do Media and Files Need to Be Accessible?

Question from Howard:

Am I legally required to make media and files accessible?

Kelly:

WCAG 2.1 at the AA level is widely treated as the baseline businesses should aim to meet.

The entire website experience should be accessible.

That includes:

• Documents

• PDFs

• Media

• Forms

• Files

• Portals

• Login pages

• Downloadable resources

For example, if a website includes an accessible page but the login function cannot be used by a person with a disability, the overall experience is still inaccessible.

Businesses should think about accessibility across the website as a whole, not only on individual pages.

Can an Automated Solution Match Developer Remediation?

Question from Tom:

Our website is managed by in-house developers, and development expenses are high. We operate a large-scale e-commerce website and are concerned that an overlay solution may not remediate the website at the same quality as our developers.

Dominique:

accessWidget is designed to work with websites of different sizes and can scale to support large websites.

It is intended to help the website meet ADA-related requirements based on WCAG 2.1 at the AA level.

However, improving the website’s underlying foundation is still important.

accessiBe also offers:

• accessFlow

• Expert accessibility audits

• Screen-reader testing

• Manual remediation support

• Accessibility services

These options can be combined and tailored to the organization’s needs.

The goal is to give businesses the level of support and confidence required for their specific website.

Is Any Type of Website Exempt?

Question from Jared:

Is there a particular type of website or business that is not at risk of a lawsuit?

Kelly:

No company is automatically exempt.

Accessibility cases have involved virtually every type of business.

Any company operating an inaccessible website may face legal action.

Closing Remarks

Dominique:

That brings us to the end of today’s webinar.

Kelly, thank you so much for joining us. You did an excellent job explaining the legal aspects of web accessibility and why this issue is so important.

Everyone who attended will receive a recording of the webinar.

You’ll be able to replay it or share it with other members of your organization.

For additional questions, you can visit the accessiBe website or contact the support team directly.

Thank you all for joining us, and I hope you have a great rest of your day.