The Americans with Disabilities Act in the Digital Age

When President George Bush signed the Americans with Disabilities Act into law over 25 years ago, the primary goal was to provide physical access to businesses’ goods and services. The Internet and other technologies that are an integral part of our daily lives did not exist. Today, those technologies provide so many conveniences and opportunities but also present great legal risks. Enforcement agencies and private litigants have increasingly brought to the forefront the issue of whether—and to what extent—the ADA requires new technologies like websites, point of sale devices, self-service kiosks, mobile apps, and the like to be accessible to individuals with disabilities. With scant regulatory authority, undeveloped case law, and constantly arising issues posed by new technology, businesses find themselves in murky legal waters. In the last few years, there has been a definitive uptick in the number of complaints, lawsuits, and enforcement actions relating to the accessibility of electronic information technology by individuals with disabilities. The Department of Justice has always pressured businesses behind the scenes to make their websites accessible, but is now actively pursuing enforcement actions, and intervening in private actions, even though the DOJ has not issued even proposed regulations that would define what constitutes an accessible website.

In this seminar, ADA Title III expert Kristina Launey of Seyfarth Shaw LLP provides necessary legal background and tips and strategies to help businesses spot and manage the risks they face in complying with the Americans with Disabilities Act’s, and other applicable laws’, accessibility requirements for technology.

Learning Objectives: 

I.     Understand the statutory and regulatory background of the ADA and other accessibility laws 

II.    Identify the ADA’s legal requirements for, and application to, various technologies, including point of sale devices, self-service kiosks, websites, and mobile applications 

III.   Discuss recent lawsuits, enforcement actions, and settlements concerning these technologies 

IV.   Observe practical steps businesses can take to comply with ADA requirements and minimize litigation exposure