Why accessibility is important for small business websites

In the US it is increasingly common for ‘unscrupulous’ law firms to use the Americans with Disabilities Act (ADA) to file speculative lawsuits against small businesses for having websites that do not fully comply to accessibility standards. Law firms send mass mail legal demands, pressuring small businesses. These types of legal action are purely for profit, usually end in out-of-court settlements and can be financially disastrous for small businesses.

Australia has not yet seen the scale of speculative lawsuits as the US, but the opportunity is there due to our own Disability Discrimination Act 1992 (DDA). Australian law requires websites to be accessible to people with disabilities, and failure to comply can lead to legal action. Just like in America, Australian businesses are potential targets for law firms exploiting accessibility compliance as a legal grey area. On forums like Reddit, Australian business owners are also increasingly reporting receiving generic legal demands.

Web accessibility standards in Australia

Both the ADA and the DDA use the Web Content Accessibility Guidelines (WCAG) as a baseline to ensure that standards of accessibility and inclusiveness are met. In Australia WCAG Level AA is usually considered the minimum standard. Businesses that specifically have users with accessibility issues (charities, disability organisations, NDIS services etc.) should be aiming for AAA.

Failure to comply with accessibility standards can lead to legal action. This applies to all Australian businesses with an online presence, regardless of their size or industry.

Why target small businesses?

In the US thousands of small to medium sized businesses have been targeted by accessibility lawsuits. Law firms know that smaller companies and sole traders are less likely to have legal representation, or the money to pay for it, and are more likely to settle out of court. This is easy money for lawyers and they don’t have to work hard for it. eCommerce platforms like Shopify are increasingly targeted with ADA compliance lawsuits. Many store owners rightfully presume that using a popular ecommerce platform means that their website is accessible, but this is not always the case. Shopify themes are not always fully accessible and because this could prevent someone from making a purchase this is easily identified as discrimination. The same applies to Wordpress themes, many of which do not meet accessibility standards. In Australia the majority of small business websites run on pre-purchased Wordpress themes often installed without any custom development or consideration for legislation.

Small businesses often operate on tight margins, making it challenging to allocate funds for regular website updates and accessibility audits. This financial constraint can lead to ongoing non-compliance, even if the business owner is aware of the requirements, which many aren’t.

The rise of speculative accessibility legal action in Australia and the US

In America business owners are reporting being sued without prior notice. These “shakedown” lawsuits typically demand settlements from US$10,000 to US$50,000, This is intentional, with the aim being to extract settlements rather than correct accessibility issues.

This practice is being mirrored in Australia.

Many legal threats are deliberately vague and do not provide specific details on accessibility violations. This lack of specificity makes it difficult for businesses to defend themselves or address the alleged issues.

Many small business owners feel pressured to settle, even if they are unsure about the validity of the claims against them.

Legal and Financial Consequences of accessibility legal action

Businesses facing lawsuits can incur significant financial consequences, including settlements, legal fees, and website redevelopment costs.

A prominent example of the risks Australian businesses face is the Mesnage v Coles case. In this case, a vision impaired plaintiff filed a lawsuit when the Coles online shopping website was not fully accessible with her screen reader. This case highlights the potential legal consequences of failing to meet accessibility standards. This was noticeably different from speculative legal action as the legal action was brought as a last resort, after years of negotiations with Coles failed to bring about a solution and the intention was accessibility driven. Less scrupulous legal action is being aimed at much lower profile websites without any interest in fixing or improving any potential problems.

How to protect your business from accessibility law suits

Regular audits should be part of a business’s ongoing website maintenance strategy. By identifying and addressing issues early, businesses can avoid more costly fixes later. Businesses should consider implementing an accessibility policy and making it publicly available on their website. This policy can demonstrate a commitment to inclusivity and may help in case of legal challenges.

Businesses should not settle a claim without first understanding its validity. A lawyer can help determine if the claim has merit and if the demanded settlement is reasonable.

The benefits of accessibility legal requirements

Accessibility compliance not only prevents lawsuits but also enhance user experience, and this is why it should be done. Accessibility compliance can improve search engine optimisation, leading to better visibility in search results. Accessible websites also provide a better user experience for all visitors, not just those with disabilities. Anyone over 50 probably has increasingly noticed deterioration in vision.

Accessibility features often benefit all users. For example, captions on videos help people watching in noisy environments. This is often the norm in social media. Accessible websites often have better structure, which can improve overall website performance and loading speeds.

Accessibility is not just a legal requirement but a business opportunity. It allows businesses to reach a wider audience. Longer term, investing in accessibility can lead to business growth and improved customer relationships. Why block out potential customers with small text sizes or low contrast colour choices?

The truth is accessibility is not difficult, and the benefits are extensive. When building websites we test continuously from the very start to after going live, for site optimisation, seo and accessibility. These are not separate disciplines and they work in combination.

If you want to future proof yourself against speculative legal action, and more importantly provide an inclusive experience for your potential customers and clients, then get in touch with happypath for a fully inclusive, accessible website.

The extra bit

Is website accessibility legally required in Australia?

While there’s no specific law mandating web accessibility, the Disability Discrimination Act 1992 (DDA) requires equal access to information and services. This has been interpreted to include websites, making accessibility important to avoid discrimination claims.

What standards should Australian websites follow for accessibility?

Australian government websites are required to meet WCAG 2.0 Level AA standards. While not legally mandated for private sector websites, WCAG 2.0 Level AA is widely considered the benchmark for accessibility in Australia.

How can I test my website for accessibility?

You can use automated tools like WAVE or aXe, but manual testing is also crucial. This includes keyboard navigation testing, screen reader testing, and reviewing content for clarity. It’s also beneficial to involve users with disabilities in your testing process.

What are the benefits of making my website accessible?

Benefits include: Reaching a wider audience, including the 1 in 5 Australians with a disability. Improving SEO and overall user experience. Reducing legal risks. Demonstrating corporate social responsibility. Potentially increasing conversions and customer satisfaction.

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