What every leader must know about 2023’s accessibility lawsuits

UsableNet’s “2023 Year-End Web and App Lawsuit Report” released a few days ago, monitors and documents all digital accessibility-related lawsuits where a website, mobile application, or video content is the subject of a claim in federal or state courts. If you’ve been paying attention, you already know that with each passing year, staying ahead of digital accessibility requires more than just compliance with the Web Content Accessibility Guidelines (WCAG). What WCAG demands is a real commitment to people with disabilities and genuine inclusion!

This report sends a critical message to decision-makers. Shifting towards digital inclusion must become an integral part of their company culture and self-defence mechanisms, as failing to do so could very well result in their brand being exposed to legal and reputational risks. The truth is, the surge in lawsuits under the ADA is more than a legal headache or a threat to reputations. It’s social proof that the public now expects digital spaces to be welcoming and accessible to all.

The wave of making spaces accessible to everyone isn’t losing steam, underscoring a stark reality – including people with disabilities is no longer something businesses can choose to ignore. Embracing those with disabilities is now an essential part of conducting business ethically and sustainably.

A strategic imperative to do the right thing

The insights from the UsableNet’s report should be stirring us out of business indifference, prompting immediate engagement. Welcoming everyone is the ONLY smart play for companies looking to foster loyalty and trust with consumers who value inclusion. As leaders, we must ask ourselves: are our organizations taking proactive measures to make our digital assets accessible, or are we only making changes when compelled by legal actions? While both approaches speak volumes about who and what we care about, the latter certainly paints a portrait that is socially less appealing!

Embracing everyone online isn’t just kind; it’s a powerful driver for creativity and business strategy expansion. Firms that emphasize making their online content accessible not only dodge the threat of high legal fees but also carve out a reputation as frontrunners in an economy where fairness and embracing differences are increasingly prized.

In today’s post, we will look at some of the aspects that feel particularly relevant to me: the increase in ADA lawsuits, the pattern of repeated legal challenges, the unique legal environment in the State of New York, and the misconceptions around accessibility widgets. More vitally, we’ll extract lessons and plans guiding our enabling of inclusive cultures, ensuring our organizations are not merely rule-abiding but truly welcoming to all.

A surge in ADA digital accessibility lawsuits

In 2023, the landscape of ADA digital accessibility lawsuits experienced a remarkable surge as we witnessed a total of 4,605 reported cases, a stark increase of 14.1% over the 4,035 cases reported in 2022. Such a growing awareness and enforcement of accessibility standards demonstrates a shift towards demanding inclusive digital experiences.

Such a clear trend should raise a critical question for you as leaders. Are your digital assets – websites, applications, documents, etc. – designed to be accessible to everyone, including those living with disabilities? Just how robust are your strategies when it comes to ongoing compliance with evolving accessibility standards?

With one-third of lawsuits (33%) filed in state courts and the other two-thirds (67%) in federal courts, the report clearly shows that both state and federal courts are actively involved in accessibility lawsuits. This breakdown proves that accessibility issues are no longer confined to any specific jurisdiction – they are increasingly recognized at all levels of the American legal system! As a leader, it’s critical for you to understand that digital accessibility is now a nationwide expectation, not just a federal concern with the Americans with Disabilities Act that demands focus and attention.

The evolving nature of compliance is also reflected in last year’s increase in accessibility lawsuits. One-time audits or superficial fixes are clearly no longer enough; continuous monitoring, maintenance, and updating have become essential. Digital platforms are dynamic, and as they evolve, our approaches to ensuring they remain accessible must evolve with them! If your teams are not equipped to adapt and respond to these changes proactively or don’t have the necessary resources and training to maintain and enhance digital accessibility, then your organization is in for a serious challenge.

Considering that businesses of all sizes and sectors are now being scrutinized, it’s in every leader’s best interest to keep the broadening scope of these lawsuits in mind. Accessibility lawsuits are not limited to high-profile corporations or specific industries. This “democratization of legal scrutiny” means no organization is shielded, making it even more relevant for leaders to prioritize accessibility regardless of their company’s size or industry.

And then, the obvious recent surge in lawsuits also highlights the risks that come from doing nothing. In the current context, neglecting accessibility can result in significant legal and financial repercussions! But beyond the risk of lawsuits, there’s an even greater opportunity at stake – the chance to lead the way in creating inclusive, barrier-free digital experiences that resonate with a diverse user base while creating a positive impact on your brand’s reputation.

The recurring challenge of multiple lawsuits for businesses

Businesses increasingly facing multiple ADA digital accessibility lawsuits is another concerning trend revealed in UsableNet’s 2023 report. Of these 4,600+ lawsuits, over 700 of them are companies that had already experienced similar legal challenges in the past. This represents roughly 25% of all the organizations sued last year! More than a series of isolated incidents, this pattern clearly signals that one-time fixes or superficial compliance efforts are insufficient. As leaders, this begs us to consider whether we are truly embedding accessibility into our digital strategies or if we are merely applying temporary patches or one-size-fits-all-solutions that aren’t really helping.

Multiple lawsuits often arise because initial remediation efforts fail to address the root cause of inaccessibility. When a website or mobile app is updated or redesigned without a foundational commitment to accessibility, new issues can emerge, leading to subsequent legal challenges. Could it be that most leaders in organizations out there are missing critical elements that expose them to repeated legal risks?

Another contributing factor is the evolving nature of technology and digital content – as businesses continually update their digital offerings, new accessibility challenges inevitably arise. Digital accessibility requires a proactive, concerted, and ongoing commitment; staying current with the latest accessibility standards and best practices is an absolute must! Having processes in place that ensure accessibility is maintained and improved over time is the most efficient way to stay out of trouble and improve how we serve all of our customers.

This recurrence of lawsuits introduces an even broader issue – the perceived commitment of a company’s commitment to inclusivity by the general public. It’s easy to imagine how a pattern of repeated lawsuits can irremediably damage a brand’s reputation, as it strongly suggests a lack of genuine commitment to serving all customers, including those who have disabilities. How does your approach to accessibility reflect on your organization’s brand, core values, reputation, etc? Are you seen as a leader in inclusivity, or are you perceived as merely reactive or worse?

Developing accessibility strategies that are both thorough and expert-driven is fundamental. Relying on quick fixes or automated tools like accessibility widgets and overlays is not enough! By investing in expert guidance, employee training, and a culture that prioritizes accessibility at every level, organizations set themselves for success. Ensuring that our teams understand the importance of accessibility and are equipped to implement effective, lasting solutions is something that we, as leaders, must champion ourselves.

New York’s prominence in digital accessibility litigation

In 2023, the state of New York had more federal and state law filings than any other venue or state, with more than twice as many as California and Florida combined. The prominence in filings is explained by courts in New York not requiring businesses to have a physical location. Businesses don’t even need to be located in New York State to get sued – all they need to do is service customers in that state!

This openness means that any business, regardless of where their branches, stores, or headquarters are physically located, can still be subject to litigation when its digital platforms, products, and services are used or purchased online by New York State customers. This makes New York far less strict than other jurisdictions. It also doesn’t hurt that some of the most active plaintiffs and law firms specializing in ADA litigation are based in New York – all of this has contributed to the state becoming a frontrunner for accessibility enforcement in 2023.

This trend strongly suggests that organizations must pay close attention to what the legal landscape means for the future of digital accessibility. Leaders should give serious thought as to how they might respond. Are your digital accessibility strategies robust enough to meet the standards of such proactive jurisdictions? Maybe it might be time to stop viewing accessibility as a mere legal requirement and instead approach it as an integral part of our customer service and brand identity.

With cases emerging for the first time in 2023 in states like New Jersey and Wisconsin, the legal landscape regarding digital accessibility keeps evolving. It reminds us of the importance of staying informed and prepared. What happens in one state can set a precedent or signal trends that might spread to other regions of the country. As a leader, how well are you monitoring these legal trends, and how quickly can you adapt your digital assets to meet changing requirements?

The rise in ADA court cases in New York is a reminder that legal challenges can smear an organization’s good name – especially when shoppers are increasingly guided by their moral compass and look for integrity in business practices! For organizations, clearly, this highlights the need for a forward-thinking, open approach to digital accessibility that aligns actions with values to build trust and allegiance among all customers.

The misconception of accessibility widgets as a solution

The 2023 UsableNet report also brings to light a critical misconception in the realm of digital inclusion: the over-reliance on accessibility widgets as a catch-all solution for WCAG barriers. This year, another notable rise in lawsuits against companies using these widgets has challenged the misleading and unethical claim that overlays can ensure full ADA compliance. As an organization, are you depending too heavily on technological shortcuts rather than investing in authentic accessibility solutions?

Accessibility widgets and overlays are often marketed as quick, easy fixes to make websites accessible by marketers looking to prey on clients who are willing to believe anything just to make their accessibility problem go away. However, the renewed surge in related lawsuits proves beyond the shadow of a doubt that these tools are not the panacea they are often promoted to be! Many of these lawsuits cite the widgets themselves as barriers, along with other traditional WCAG failures. If your accessibility efforts fail to genuinely address the diverse needs of all users, then they might merely be superficial gestures…

The core issue with relying solely on widgets is that they give businesses a false sense of security. Some of their features may help certain people in certain situations, but they still fall incredibly short when it comes to providing universally accessible experiences! True digital inclusion requires a deeper recognition of diverse needs and expectations… and not just for individuals with disabilities! Adding a line of JavaScript to your website without making any changes to the underlying code simply doesn’t cut it – such understanding must also be translated into thoughtful, inclusive design and development practices!

Considering the evolving nature of web content and technologies, websites and applications are dynamic by their very nature, with content and functionalities that change regularly. Widgets, being automated tools, cannot keep pace with these changes, leading to many unforeseen accessibility gaps. Organizations that want to avoid becoming the next target in 2024 need to ensure that their digital assets remain accessible as they evolve – this requires a sustainable process for continual assessment and improvement.

Shallow attempts at sweeping accessibility problems under the rug with clueless overlays and widgets can easily backfire and harm a brand’s reputation. Conversely, declining such tools and embracing a more involved and holistic strategy aligns with a larger trend in business ethics and customer service.

Nowadays, people increasingly value authenticity and social responsibility, and they expect businesses to take a stand on social issues. A genuine, user-centered initiative that goes beyond legal compliance moves the needle a lot further and truly resonates with a diverse audience.

Lessons learned for inclusive leaders

Looking beyond just minimizing legal perils and welcoming digital openness as a pillar of ethical and maintainable ways of operating, UsableNet’s 2023 account hands over precious insights on how the spike in ADA cases clearly spotlights the necessity for a forward-thinking tactic to digital inclusion. Relying on reactive compliance strategies, like quick fixes, accessibility overlays, and piecemeal solutions, is a risky path that is clearly coming back to haunt many organizations every year. Leaders who champion inclusivity must foresee and weave changing accessibility guidelines seamlessly into their digital game plans, shaping them to be part of the organization’s core. By staying ahead of the curve with accessibility measures, companies not only steer clear of potential legal troubles – they also showcase themselves as innovative and ethically conscious entities.

Moreover, the recurrence of lawsuits demands that leaders commit to grasping the root causes and consequences of digital exclusion, which really come down to a deeper recognition of the actual user experience (UX) for people with disabilities – this is the only viable path forward for businesses striving to guide the design, development, and ongoing maintenance of their digital assets. Continually educating themselves and their teams about the latest developments in accessibility standards and technologies should be the primary focus of inclusive leaders who are paying attention to this landscape.

Furthermore, the State of New York’s prominence in ADA litigation and the ineffectiveness of widgets as standalone solutions remind us that inclusivity must be a core brand value, not just a legal obligation. Consumers, especially those of younger demographics, increasingly support businesses that demonstrate a genuine commitment to inclusivity; embedding this value into every aspect of your digital presence should appear as a fantastic opportunity to enhance brand loyalty and trust.

Finally, because staying informed and educated is crucial to disability inclusion, leaders must empower all team members to understand the importance of accessibility and ensure that they are properly equipped to contribute to these efforts; training is key, but training without proper awareness building will not yield the same results.

To me, one of the key takeaways from the 2023 report is clear: ignoring or minimizing the expectations of customers with disabilities can have devastating consequences for organizations that are not paying attention to accessibility. Leaders who learn from these insights and prioritize inclusivity get to kill two birds with one stone – avoiding the pitfalls of non-compliance while also championing a digital world that is accessible and welcoming to all.