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Karlin Law Firm LLP

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ADA | Americans with Disabilities Act
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ADA Defense Attorneys Providing Legal Guidance On Accessibility Statements For Websites

Karlin Law Firm LLP is the largest provider of ADA website defense services in the United States. In addition to defending website ADA claims and lawsuits, we provide guidance for our clients and their web developers on what needs to be modified on their websites to significantly lower their risk of being the target of an ADA website claim or lawsuit.

We have reviewed hundreds of website accessibility statements and can assist our clients and their web developers with an appropriate ADA website accessibility statement for particular websites. The accessibility statements that we prepare for our clients are confidential and proprietary, and do not appear on this page. However, we have prepared comments on areas of concern, which we often take into account when assisting our clients with the preparation of their accessibility statements.

Common Issues With Accessibility Statements

After reviewing hundreds of accessibility statements, we see that almost all such statements are problematic. This is partially because the statements are either borrowed from other websites and/or the accessibility statement is drafted in an attempt to comply with what a web developer believes is some type of legal standard.

However, what is or is not required is a legal issue, and not a technical issue. Often, web developers falsely believe that the nongovernmental international organization called the World Wide Web Consortium and/or the Web Content Accessibility Guidelines (WCAG) has set a legal standard. This is not the law in the United States.

In our view, web developers who think that complying with such guidelines might be the law often add an inappropriate website accessibility statement that suggests that the particular website is required to, is, or will follow these guidelines as if they were legal standards. Such an approach can place the website at higher risk of ADA website claims and lawsuits.

Analysis Of A Sample Accessibility Statement

This page presents, refers to, and sometimes compares different types of ADA website accessibility statements. By presenting or referring to an accessibility statement, we are not stating or implying that such a statement is correct, or follows some type of guidelines, or is appropriate for a particular website. In fact, some of the accessibility statements being referred to, in our view, can present a considerable risk if added to some websites.

To begin, a short form sample shown is by the W3C Web Accessibility Initiative (WAI), with comments embedded in the statement. Note that the company name Karlin Law Made Up Company Inc. is, of course, a made-up name.

Accessibility Statement (Not To Be Used)

Karlin Law Made Up Company Inc. (“MadeUp Inc.”) is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards.

Comment: There are a number of potential problems with this introduction. For example, it suggests that the company is ensuring or guaranteeing a certain level of access. Such a statement may, under certain circumstances, require the company to do far more than what is legally required. 

Conformance Status

The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA and Level AAA. MadeUp Inc. is partially conformant with WCAG 2.1 level AA. Partially conformant means that some parts of the content do not fully conform to the accessibility standard.

Comment: There are numerous dangers in this paragraph, depending again on the company and its website. For example, the statement that the Web Content Accessibility Guidelines (WCAG) “defines” “requirements” can be misleading – it might suggest to the reader that the company is adopting this as a requirement or the company’s position is that this is a legal standard. This paragraph also suggests that the company has failed to make the website “conformant,” again as if the company might be in violation of a legal standard or has not gone far enough in what the company may need to do.

Feedback

We welcome your feedback on the accessibility of MadeUp Inc. Please let us know if you encounter accessibility barriers on [OUR WEBSITE]: Phone: (XXX) XXX-XXXX E-mail: [email protected] Postal address: PO Box _____, ______, U.S. We try to respond to feedback within five business days.

Comment: In our view, this “communicate with us” paragraph is not a legal requirement, but it vastly understates what the United States Department of Justice (DOJ) and many United States federal courts have said might be helpful and might help avoid ADA claims and lawsuits. When we prepare accessibility statements, we often significantly increase accessibility communication features, providing far greater communication accessibility than is suggested by the above sample.

Accessibility Resources And Tools

For accessibility features of popular browsers, third-party screen readers and other devices, the following is a partial reference:

  • For Google products, including but not limited to Chrome, Android and Gmail: https://www.google.com/accessibility/products-features/ 
  • For Firefox browsers: https://addons.mozilla.org/en-US/firefox/ and  https://addons.mozilla.org/en-US/firefox/addon/tota11y-accessibility-toolkit/ 
  • For Internet Explorer: https://support.microsoft.com/en-us/help/17456/windows-internet-explorer-ease-of-access-options 
  • Third-party screen readers (JAWS): https://www.freedomscientific.com/products/software/jaws/ 

Also, see the general discussion of screen readers by the American Foundation for the Blind. 

Our Experience And Services

The attorneys at Karlin Law Firm LLP have defended over 1,400 ADA cases and consulted on another thousand, as well as performed ADA compliance oversight and recommendations. We represent website owners and businesses, defending ADA website lawsuits and claims. These include hundreds of lawsuits filed against ADA websites in California, New York, and Pennsylvania.

In California, the leading filers are the Manning Law Firm, the Pacific Trial Attorneys, the Wilshire Law Firm in Los Angeles, and claims by the Berokim Law Firm in Los Angeles. In Pennsylvania, these cases are filed by Carlson Lynch of Pittsburgh and Kevin Tucker with the East End Trial Attorneys in Pittsburgh. In New York, the leading filer appears to be Joseph Mizrahi (Cohen & Mizrahi) based out of Brooklyn.

Our attorneys can provide an accessibility statement for particular websites, along with the proper use of a communication feature and the appropriate use of a website accessibility plug-in. Businesses and some web developers are often confused regarding what needs to be done, sometimes looking to plug-ins such as Userway.org and accessiBe (accessiBe.com) for assistance. However, while these may have some use, they cannot in any way substitute for making a website WCAG compliant. Our lawyers can advise you on how best to use such plug-ins and what parts of a website need to be handled in other ways.

Get The Clarity You Need: Call Karlin Law Firm LLP Today

If you would like assistance with your website’s accessibility statement, or have suggestions or comments on an accessibility statement or on this page, or if you have received an ADA website claim or lawsuit, give us a call at 888-698-8932 or send us a message through our online form. 

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