The DOJ has intervened in lawsuits and mandated that certain sites like H&R Block conform with Web Content Accessibility Guidelines (WCAG). Regardless, they have this position in an environment of unclear legal regulations. Websites that offer goods and services to consumers should be ADA-compliant. However, it’s the Department of Justice who enforces the ADA, and the DOJ has a clear position. Courts disagree as to whether there must be a connection to a physical space for ADA requirements to apply to a website. This is in part because the internet is “virtual” space. Perhaps surprisingly, not all courts have agreed that the internet is a “place of public accommodation.” According to one legal analysis, the courts have been split. Such places must remove access barriers to people with disabilities. If it does, it would be because one is a “place of public accommodation,” under the ADA.
What’s less clear is whether that obligation also rests with private entities. It is settled that public entities, like governments, must caption their video content. Television programming and its related guidelines are governed by the Federal Communication Commission (FCC).įor private entities, the guidelines from the ADA may be the most relevant, particularly for closed captioning.
An example of the result of this section is that a lecture at a public university posted online must include captions. Specifically, section 508 applies to electronic media. They are required to add captions to online video. Rehabilitation Act: This applies only to federal government entities.The obligation also applies to places of public accommodation. This includes state and local governments.
Americans with Disabilities Act: Under the ADA, materials made available by public entities must be accessible.Here’s a brief summary of what the laws say: Avoid ADA Compliance Lawsuits: Caption Your Videos
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