Are you ready for a website audit? The chances are that your website is already being reviewed by plaintiffs attorneys who have gained momentum in filing website accessibility lawsuits under the Americans with Disabilities Act (ADA). Enacted in 1990, the ADA is a federal statute that prohibits discrimination against persons with disabilities in a variety of circumstances, including in places of public accommodation and commercial facilities. The statute and its implementing regulations, which are promulgated by the U.S. Department of Justice (DOJ) ,explicitly address physical barriers to access, among other issues. They do not, however, specifically address access to websites.

This is not surprising given that the Internet, in its current incarnation, did not exist when the ADA was enacted over 25 years ago. With the evolution of the Internet, DOJ has been working on developing enforceable website accessibility regulations. The Justice Department has indicated that it is considering modeling its anticipated regulations after either the Section 508 Standards, which govern websites operated by federal government agencies, or what are known as the Web Content Accessibility Guidelines (WCAG) 2.0, which were created by the World Wide Web Consortium. Although the department has been considering the issue for years, it has not yet finalized the regulations.

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