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Archive for the "ADA" Topic

2016 Legal Landscape Update: Year In Review

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In 2016, the number of lawsuits for digital accessibility increased dramatically. With the court cases and settlements of previous years, the message was loud and clear: the Americans with Disabilities Act (ADA) applied to digital accessibility and the Department of Justice (DOJ) was going to be enforce digital accessibility. Lawsuits For those cases that made it to court, the prevailing question was whether an Internet site could be considered a “place of public accommodation,” a requirement under the ADA. Courts seemed split on this issue; some courts ruled that a website was subject to the digital accessibility standards implied in… Read More

ADA and the Web for Retailers – The Road to Accessibility

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In my previous two posts, I discussed how the Americans with Disabilities Act (ADA) applies to retail websites as places of public accommodation, and the specific technical requirements SSB recommends in order to be compliant. In this post I’ll share some tips on the process of getting your digital assets into compliance. Be Proactive – Planning Ahead Pays Similar to retrofitting physical structures to address accessibility, the cost to retrofit an existing website for accessibility – both in time and dollars – can be extensive. The simplest way to minimize cost is to integrate accessible design and conformance testing into the… Read More

2016 Legal Landscape Update: Healthcare

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Overview In 2016, we saw an uptick in lawsuits related to digital accessibility across a growing number of industries, with most of the cases settling out of court. The healthcare sector was no exception, emphasizing the fact that every person, including those with disabilities affecting their ability to access digital services, must have equal access to healthcare. Accessibility Under the Affordable Care Act On May 18, a final rule for Section 1557 of the Affordable Care Act (ACA) was published in the Federal Register. Section 1557 prohibits discrimination on the basis of a variety of classifications, including disability, and works in conjunction with… Read More

2016 Legal Landscape Update: Streaming Services and Entertainment

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In 2016, the number of lawsuits for digital accessibility increased dramatically. With the court cases and settlements of that and previous years, the legal message is loud and clear: the Americans with Disabilities Act (ADA) applies to digital services and the Department of Justice (DOJ) is enforcing that. That message was heard across many industries in 2016, including some big names in video streaming services and other entertainment providers Netflix Netflix reached an agreement with Disability Rights Advocates (DRA) to provide audio description for some of its titles through its DVD rental and streaming services. An audio description is a second, concurrent… Read More

ADA and the Web for Retailers – Technical Requirements

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In my earlier post, I talked about the increasing number of web-related lawsuits being filed under the ADA, the potential costs associated with litigation and other reasons why retailers should be concerned about the accessibility of their web and mobile content. Concerned with mitigating their risk, our retail clients typically want to know what set of technical requirements they need to meet to conform to the ADA, specifically the Title III public accommodations requirements. While no published regulations currently exist defining technical conformance, a variety of retail companies have been sued for the inaccessibility of their websites under the ADA. SSB advises… Read More

ADA and the Web – What Retailers Need to Know

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Twenty-five years ago, the Americans with Disabilities Act (ADA) was signed into law, prohibiting discrimination based on disability. Most retailers understand that physical spaces must conform to specific design requirements for accessibility under the ADA, but in recent years the scope of the law is being interpreted more broadly. The argument has effectively been made that online services constitute “public accommodations.” The Department of Justice’s (DoJ) policy on website accessibility states that Title III of the ADA addresses businesses that are places of public accommodation, and as a result, the effective communication rule applies to entities that use the internet as… Read More

2016 Legal Landscape Update: Education

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In 2016, the number of lawsuits for digital accessibility increased dramatically. With the court cases and settlements of previous years, the message was loud and clear: the Americans with Disabilities Act (ADA) applied to digital accessibility and the Department of Justice (DOJ) was going to enforce digital accessibility. Educational institutions are often tasked with the mission of serving all students, and so it is important for them to make sure their materials are accessible. Many educational institutions, particularly universities, faced lawsuits in 2016 regarding the accessibility of their course materials. The DOJ Gets Involved In 2016, the DOJ investigated two… Read More

2016 Legal Landscape Update: State and Local Government

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In 2016, the number of lawsuits for digital accessibility increased dramatically. With the court cases and settlements of previous years, the message was loud and clear: the Americans with Disabilities Act (ADA) applied to digital accessibility and the Department of Justice (DOJ) was going to enforce digital accessibility. State and local government websites have responsibility to the public to make sure that everyone living in their community has equal access to the information and services provided by the government. Some accessibility issues, such as the ability to vote, can even curtail fundamental rights. Although updates to ADA Title II (covering… Read More

Using the Law as a Tool to Advance Digital Accessibility

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This year’s 2017 Digital Accessibility Legal Update presentation at CSUN was a huge success. Prominent disability attorneys Lainey Feingold of the Law Office of Lainey Feingold and Linda Dardarian of Goldstein, Borgen, Dardarian & Ho gave a standing-room only presentation that was so successful, it required an encore the next day. SSB BART Group was honored to host this repeat presentation in our showcase suite. The Law as a Tool The presenters spoke about using the law as a tool to make websites accessible to everyone. One of the most important tools is using the laws that are already in… Read More

Accessibility Legislation in the Healthcare Industry: Section 1557 of the Affordable Care Act

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Section 1557 of the Affordable Care Act (ACA) prohibits discrimination on the basis of disability. Section 1557 is not intended to stand alone but works in conjunction with other Federal anti-discrimination and civil rights legislation. Specifically, the law reiterates the prohibitions for discrimination already present in Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Americans with Disabilities Act (ADA) of 1990. To that extent, it can be argued that everything covered under Section 1557 is already covered under current laws. We did an extensive series about Section 1557 in late 2016, which… Read More

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