Regulations and the Withdrawal of Proposed Rules
Recently, there has been much discussion among the disability community regarding the withdrawal of proposed rules by the Department of Justice (DOJ) regarding the A.D.A. Two of the four proposed withdrawals may have a significant impact on disabled individuals and particularly those that have litigation pending for non-compliance, or non-accessibility issues.
There has been a significant increase in lawsuits regarding accessibility within the last few years, across all industries; including education, financial institutions, retail stores and others.
The withdrawals regarding clarification of website accessibility may be a minor setback. The rules will still need further clarification regarding websites, or there will likely be more litigation.
“The Department is evaluating whether promulgating regulations about the accessibility of Web information and services are necessary and appropriate. Such an evaluation will be informed by an additional review of data and further analysis. The Department will continue to assess whether specific technical standards are necessary and appropriate to assist covered entities with complying with the ADA. Accordingly, the Department is withdrawing the two previously announced ANPRMs related to the accessibility of Web information and services, Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations” (RIN 1190-AA61) (75 FR 43460), and “Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and Local Government” (RIN 1190-AA65) (81 FR 28658).”[1]
“The Department of Justice has never promulgated regulations regarding website accessibility for public accommodations and recently withdrew previously issued advanced notices of proposed rulemakings on this subject.”[2]
What this all means is that should a business entity choose NOT to follow WCAG rules for website accessibility – the potential for litigation is getting increasingly serious and increasingly more commonplace. The best way to avoid litigation and keep customers is to ensure that your website is accessible and following the WCAG rules that are already in place until further clarification is available.
For further information or assistance with 508 accessibility for your organization, visit us on the web Pearl Interactive Network or contact Dee Moradi directly at dmoradi@pinsourcing.com
Article written by: Dee Moradi, 508 Remediation Specialist
[1] Office of the Federal Register, 2018
[2] NAFCU, 2018