Businesses frequently view HR professionals and employment lawyers as subject matter experts on the topic of compliance with the Americans with Disabilities Act (ADA). However, those of us in this field are quick to acknowledge that the ADA applies to numerous areas outside of the traditional employment context, including the relationship between businesses and their customers. For example, the dramatic increase in online commerce over the last several years1 presents a challenging issue which the drafters of the ADA never contemplated: Do the requirements of the ADA apply when a business offers information or shopping capabilities to consumers online?
The U.S. Department of Justice (DOJ), the agency charged with enforcing Title III of the ADA, will not be assisting in resolving or in clarifying this issue any time soon, after recently announcing that it will delay proposed rules regarding the accessibility of websites operated by public accommodations to fiscal year 2018. Fall 2015 Statement of Regulatory Priorities, http://www.reginfo.gov/public/jsp/eAgenda/StaticContent/201510/Statement_1100.html (“DOJ Statement”) at 4.
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