Classifying WCAG 2.0 Guidelines as the Legal Standard for Websites Under Title III of the Americans with Disabilities Act

Authors

Toni Cannady

Abstract

Over the last two decades, technological advancements have driven significant changes in society that have led to more productivity, more convenience, and more accessibility. In particular, websites serve as a platform for consumers to engage in commerce. Under Title III of the Americans with Disabilities Act, public accommodations are prohibited from discriminating on the basis of disability. Nonetheless, to date, the law “has failed to keep pace with these technological advances” creating profound effects for individuals with disabilities and businesses alike. However, in the absence of clearly defined standards, lawsuits by plaintiffs have fueled a new body of judicially made law upholding the applicability of websites to the ADA.

This Note discusses the history and development of the Americans with Disabilities Act, examines recent case law on the applicability of websites to the ADA, and suggests the need for statutory and regulatory reforms to impose clear standards on businesses to comply with the law, and to ensure that individuals with disabilities are afforded equal access to companies’ websites.

Recommended Citation

Toni Cannady, Classifying WCAG 2.0 Guidelines as the Legal Standard for Websites Under Title III of the Americans with Disabilities Act, 68 Cath. U. L. Rev. 209 (2019).
Available at: https://scholarship.law.edu/lawreview/vol68/iss1/12