By: Michael G. Hoy, J.D.
As some companies and nonprofit entities are painfully aware, an entire cottage industry of plaintiff attorneys who target public establishments for noncompliance with the Americans with Disabilities Act (ADA) has existed for many years. Previously, those attorneys focused on the ADA compliance of physical features of the bricks-and-mortar premises of public establishments—primarily, whether facilities or transportation vehicles are properly accessible for individuals with physical disabilities.
In recent years, however, many of these plaintiff attorneys have shifted focus to the accessibility of external, open-to-the-public websites, and as a result the number of lawsuits alleging that companies’ or nonprofits’ websites are noncompliant under the ADA has exploded. In light of this ever-increasing liability exposure, what can entities with public websites do to protect themselves? Some considerations:
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