Limiting Title III Liability For Website Accessibility

Businesses that operate brick-and-mortar storefronts are likely well aware of Title III of the Americans with Disabilities Act and its prohibition of discrimination on the basis of disability in places of public accommodation.

Most know that there are certain rules and regulations businesses must follow to make their physical locations accessible and avoid potential lawsuits.

However, businesses may not know that ADA Title III liability risk does not just apply to physical locations—it extends to a company’s websites and mobile apps too.

ADA Title III states ‘no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation.’

It details 12 types of locations that are considered applicable places of public accommodation. Because all 12 are physical places such as restaurants and retail stores, it may surprise some when they receive a demand letter or are served with a lawsuit related to the accessibility of their website or mobile app. However, that is happening to many business owners across the country with increasing frequency.