Your Website Is Not ADA Compliant:Lost sales? Lawsuit?

Did You Know 20% Of Americans Have A Disability? 


In fact, 1 /3 of all Americans know someone with a disability in their circle of family or friends.


As of late, have you noticed the blue circle with the stick figure on websites? 


The blue circle means that businesses is addressing 2 serious risks:



  1. Lost sales
  2. Costly lawsuits



Before I speak to those risks, note that CloseTheDeal.Com has the same blue circle with the stick figure at the bottom left-hand corner of the screen for good reason. 


My practical perspective on WHY will help any business, but first... 



Two entities you need to know to protect your business.


A.     American with Disabilities Act


It's important to know the ADA includes websites as places of public accommodation. 


The reality is many business owners are not aware their website is subject to Title III of the ADA which is a federal law. In the United States of America,  this applies to :


  • Local, state, and federal government
  • Private businesses / nonprofits 
  • Companies that benefit the public (any place the public enters regularly)



B.   Web Content Accessibility Guidelines (WCAG)


WCAG is published by the World Wide Web Consortium. W3C. is the main international standards organization for the internet. Their guidelines help you set the benchmark for accessibility for your website.


3 Reasons why is ADA website compliance is vital to your business so you don't lose money:


Before I start, let me state that I’m not a lawyer nor am I offering legal advice regarding accessible websites. However, I speak through the practical lens of CloseTheDeal.Com regarding smart business as it relates to sales, revenue, growth, and protecting your business. 


My first reason addresses by default the 2 main risks...


1.  "Hospitality"  (the word you never see used to address this) 


I remember seeing a friend of mine struggling to read his computer

a few years ago. Due to his visual impairments, I was taken aback as he was using a screen reader that made the letters very large on his computer.


At that moment I realized I took for granted the simple act of reading my computer screen. 


When I first learned the significance of the blue circle, the memory of my friend came rushing back. I started paying attention.  I became curious. 


Realizing there are ai tools today to help people like my friend, let's look at this through a different lens – through the lens of hospitality. 


The seeds of hospitality were planted young. My first paycheck was

as a busboy working at a restaurant in high school.  That theme carried through my trade association career working with hundreds of chefs and restauranteurs.


Having a hospitality mindset is how I advocate viewing this.  It’s all about the customer; in this case, it’s about the visitor to your website.


restaurant customer reading ada compliant website

It's not only about vision impairments which include: low vision or color blindness, difficulty reading text, seeing images, or distinguishing between colors on business websites, it also includes these accessibility issues:


A.    Mobility impairment – using a mousepad or trackpad  to navigate or interact with certain elements of a website can be challenging.


B.    Repetitive strain injury – those with carpel tunnel syndrome may have difficulty using a mouse or keyboard for extended periods.


C.   Hearing impairment – ADA digital content includes audio. Those with deaf or hard of hearing may have a difficult time accessing audio content such as videos without captions, podcasts without captions or transcripts.


D.   Cognitive Impairment – those with dyslexia or ADHD may have a difficult time processing certain information on a website. 


ADHD – Is that you?


As I better understood the issues, I then realized they were also talking to so many people just like me.


As I learned more about the blue circle, ADHD was a surprising

issue. I had never even considered that regarding ADA compliant websites. 


Regarding the blue circle on this site, when you click on it, you’ll see an ADHD option on the tool I’ve installed.


Each tool on that panel serves a unique purpose in addressing ADA issues.


blue circle with stick man representing ada compliant website
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2.  Lost Sales  (the practical business reason)


This is THE very practical reason tied directly to the very name of this site – CloseTheDeal.Com. We consistently talk about preventing lost sales and converting more sales.


Using the restaurant analogy again, it’s like a restaurant not providing

wheelchair accessibility.


Not only is that restaurant avoiding ADA regulations and risking hefty fines, they lose sales turning away potential customers.


Sales benefits embracing inclusion:


Brand building with the blue circle


  • Your website is your public-facing brand.
  • Disability inclusion is a business differentiator.
  • Your business will stand out in a sea of exclusion. 


Inclusive websites open channels to connect with 50 million Americans with disabilities. That's just a good idea creating equal access to all.


With the blue circle, you're educating your website visitor. You're letting them know you're looking out for their best interest regarding ADA accessibility. This builds your brand.


The SEO bonus of inclusion


Search engines reward ADA compliant websites with better search engine optimization (SEO) results which equals more sales.

blue circle with stick man representing ada compliant website
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3. Costly and avoidable legal fees
(the “I wish this didn’t happen” reason)


No one wants to face the U.S. Department of Justice. No one wants to be dragged into a lawsuit.

 

The awareness of ADA compliant websites with blue circles

continues to rise significantly.  The number of ADA compliance lawsuits has skyrocketed.


In 2021, there were:


  •  11,452 federal lawsuits
  • 265,000 demand letters sent to businesses that operated inaccessible websites
  • The average ADA lawsuit settled for $35,000 + legal expenses


Even Queen B, Beyonce was hit with a class action lawsuit in 2019. The burger restaurant Five Guys is another high-profile example among others. 


Thousands of settlements in the tens of thousands of dollars (as high as $75,000 plus legal expenses) are common despite the fact they don’t make the news.  With our practical hospitality approach, those risks are mitigated as website accessibility lawsuits will only escalate for the foreseeable future. 


Note- The cost of negative publicity a business faces due to an ADA lawsuit is rarely factored in.  It' s best to avoid the lawsuit.

At the end of the day...


...looking at this through the lens of the practical hospitality mindset of CloseTheDeal.Com, we advocate an inclusive customer-focused approach that improves sales and mitigates risks for any business owner. 


At the very core, when we look at this as building valued relationships, we fulfill a moral obligation by our fellow man to do the best we can. It’s the right thing. 

Avoid the federal courts and grow your business. 


With our partner accessiBe,  you can have your own blue circle to better protect your business and brand your business as inclusive.  Over 174,076  websites trust their blue circle below.


We're proud to serve as an advocate for ADA compliant websites. 


Ewell


P.S. If you have any questions, I'm happy to help out. Click here.


blue circle with stick man representing ada compliant website
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Best Practices for having an ADA-compliant website


The blue circle is your tool to better address ADA standards. That tool also informs the user your site is ADA accessible.


Any business needs to consider the list below towards making their website   ADA compliant.


1.     Review ADA guidelines

2.    Use descriptive Alt text for images – this enables screen readers to

        understand the image

3.     Use descriptive tags for forms and PDFs

4.     Use descriptive anchor text for links so the reader knows what to

         expect after they click

5.     Add "skip navigation" options

6.     Use proper header tagging (H2, H3, H4, etc.) to improve keyboard only

          consumption

7.     Make videos and audio accessible with captions

8.     Use accessible fonts

9.     Use headers, identifiers, and information in HTML tables

10.   Add accessible labels to CTA buttons

11.    Ensure keyboard navigation

12.   Have an accessibility policy

13.   Provide contact info for accessibility requests

14.   Test website accessibility

15.   Automate checks for ADA compliance

blue circle with stick man representing ada compliant website
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