1. Compliance requirements are not entirely clear
The short answer here is that while there has been a push in recent years to make private websites ADA compliant (pushed by the Obama administration and plaintiffs attorneys filing lawsuits), the DOJ in the Trump administration has backed off of the issue, and has stated that it will not be promulgating any clarifying regulations to require private company website ADA compliance. Here is a recent article that summarizes the issue: https://www.lexology.com/library/detail.aspx?g=40bf0f3a-c399-420b-a95e-9d1cb6167819
2. Proposed regulations recommend
This is a relatively recent development, so while this should allow private companies to dismiss these cases at the motion to dismiss stage, there is still a danger that plaintiffs will file these lawsuits. If you are concerned, the Dept. of Health and Human Services has issued a comprehensive ADA compliance checklist that we can use to perform an audit on your website or apps to see if there are any areas of noncompliance. Just let us know if you’d like us to look at that for you. Here is the checklist: https://ocio.nih.gov/ITGovPolicy/NIH508/Documents/SubpartB_1194_22_Webchecklist.docx
Brad Anderson is the Founder and CEO of Fruition. Brad’s focus is supporting Fruition’s team to enable sustainable growth and excellent client satisfaction (EBITDA growth). With a strong statistical background, Brad built Fruition’s in-house software that is used to manage client success.
President & Founder, Tru Family Dental
Marketing, Dependable Cleaners
President & Founder, Family Travel Association