DOJ Issues Guidance on ADA Web Accessibility; League Continues Push for 'Clearly Defined' Standard

The Department of Justice (DOJ) issued guidance last week on web accessibility and the Americans with Disabilities Act (ADA). In addition to plain-language information designed for those without a legal or technical background, the guidance reviews the department’s ongoing work to advance website accessibility.

"To stem the wave of litigation, credit unions and other businesses have waited more than a decade for clear regulation -- that clearly defines a 'website accessibility' standard," says League President/CEO Carrie Hunt. "While this recent guidance provided by DOJ is more robust than it has provided in the past, it reiterates their previous positions and still lacks legal guidelines as to what constitutes compliance or conformance with a clearly defined standard."

Beginning in late-2017, some two-dozen Virginia-based credit unions were sued for alleged ADA website accessibility issues. Two high-profile federal appeals court cases involving Virginia-based Department of Labor Federal Credit Union and Northwest Federal

Credit Union put an end to many similar cases in Virginia, following favorable rulings for the credit unions.

Although less of an issue in recent years, the risk has remained and plaintiffs' attorneys have gotten more creative in bringing such suits. For example, after several courts dismissed cases in which credit unions could prove the plaintiff was ineligible for membership and thus could not prove harm, plaintiffs' attorneys filed suits linking membership eligibility to a target credit union's participation in shared branching.

CUNA and your League engaged with the DOJ and Congress to find a solution to the confusion about whether the ADA applies to websites and is currently reviewing the DOJ’s guidance.

The guidance discusses a range of topics, including the importance of web accessibility, barriers that inaccessible websites create for some people with disabilities, when the ADA requires web content to be accessible, tips on making web content accessible and other information and resources.

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