As technology advances, the definition of “readily achievable” accessibility under the Americans with Disabilities Act (ADA) is evolving to include the digital realm. While the ADA, enacted in 1990, was designed to eliminate discrimination and ensure equal access to physical spaces, its relevance to the internet has become a pressing issue.
Websites play an essential role in modern communication, commerce, and information dissemination. However, they often fail to meet the accessibility needs of individuals with disabilities, leading to increased litigation and calls for clearer regulations. The ADA’s “readily achievable” standard, initially applied to physical modifications, must now encompass digital accessibility improvements to align with contemporary technology.
Courts are grappling with how to apply this standard to websites, resulting in varied interpretations. Some rulings suggest that digital accessibility should be judged by whether it is feasible and practical, taking into account the nature and cost of the modifications. This evolving standard aims to balance the needs of disabled users with the operational capabilities of businesses.
To fully serve its purpose of eliminating discrimination, ADA must be interpreted to include websites, ensuring they are accessible to all users. As the digital landscape continues to change, so too must the approaches to ensuring that online spaces are accessible and inclusive. Digital accessibility is an ongoing process, not an absolute state. Incorporating digital accessibility earlier into your organization makes ADA part of your DNA.
Reference
Cavaliere, F. J., & Williams, C. (2002). The Internet and the Americans with Disabilities Act: the evolving ‘‘Readily Achievable’’ Standard. Southern Law J, 12, 33-43.