Thanks to the invention of the internet, many entrepreneurs no longer need a physical storefront to run a business. Many operate entirely online, from e-commerce stores to service-based businesses offering virtual products or consultations.
However, even in the absence of physical locations, online businesses may need to comply with the Americans with Disabilities Act (ADA). This legislation mandates that individuals with disabilities be provided equal access to services and products. Understanding ADA compliance for businesses without physical locations is critical for both legal protection and fostering inclusivity.
Website accessibility
To avoid being caught up in legal claims, virtual businesses need to determine the extent to which the ADA applies to their business. Do they provide goods or services to the public, or is the website strictly business to business, and does the website make this clear and not allow sales to individuals? Does the website sell to individuals residing in states where courts have determined that the ADA applies to businesses even if they do not have a physical storefront where they sell goods or services to the public? If the counsel for the business determines that the website is subject to the ADA to any extent, one critical area to address is screen reader compatibility. People with severe visual impairments may need to use screen readers to access websites, so the websites should be coded in a way that allows people who use screen readers to read relevant text and understand the function of buttons and links.
If the ADA applies to a business website, one of the key failures may be the lack of descriptive text of an image that needs to be coded “behind” the image that screen readers can read out loud. The same with links that need to describe where the link will take the user. These are just some examples of some issues that may need to be addressed.
Some users with visual impairments who do not use screen readers may have an easier time navigating websites if the website provides the user with a way to change the look and feel of the website for:
- Larger text
- Sufficient contrast between the text and background
Mobile application accessibility under the ADA
Suppose a business has invested in a mobile app. There are currently various opinions regarding the application of the ADA to mobile apps. To avoid being entangled in claims and arguments over this emerging area of concern, some consideration should be given to the accessibility of mobile applications. Accessibility guidelines for iOS and Android operating systems require developers to include the following for optimized accessibility:
- Text-to-speech
- Adjustable font sizes
- Gesture-based navigation
Following these guidelines can help ensure mobile applications are usable by people with disabilities.
Accessible Video Content
Beyond website structure, when the ADA applies to a virtual business, the business should look into the accessibility of audio or video content and captions for videos to aid users with hearing impairments.
Third-party integrations
Many businesses rely on third-party tools, such as:
- Payment processors
- Scheduling systems
- Chatbots
There are various opinions of the liability of a business for accessibility failures in third-party tools that the business has no management or control over. To avoid being entangled in claims arising out of potential accessibility problems with these third-party tools, online businesses should see if these tools could be problematic and then address these issues with the provider of these tools.
As the business landscape evolves toward digital spaces, in order to protect their business from legal risks, expand their customer base and build an inclusive brand, entrepreneurs should investigate what, if any, obligations they may have under the ADA and what might enhance a disabled user’s experience and interaction with the company’s website.