Americans with Disabilities Act (ADA)

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Title III of the Americans with Disabilities Act (ADA) provides that

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 by any person who owns, leases (or leases to), or operates a place of public accommodation.

42 U.S.C. Section 12182(a). What about a website? Is that a “place of public accommodation”? The answer to that question could make a big difference in determining whether your business faces legal risks and whether you can protect against those risks with insurance. A recent decision out of the Ninth Circuit highlights the split in United States jurisdictions about whether a website is subject to the prohibitions against discrimination found in the ADA. …
Continue Reading Protecting your Website with an EPL Insurance Policy

In a world where brick-and-mortar businesses are traded in for an online presence, the realm of accessibility challenges is continually evolving. Your company needs to change the way they think about accessibility, including whether your current insurance covers ADA claims. It’s time to start considering questions like: Are your websites and applications compatible with screen readers and other assistive technologies? Are your videos captioned?

Making websites and applications more accessible will be a benefit not only to those with disabilities, but also to other users. For example, cleaning up crowded pages with too much content makes it easier for screen-reading technology to adequately convey information and also generally improves readability for everyone.    …
Continue Reading Websites and Applications: A New Platform for ADA Claims