Lawsuits Against Website Owners Over Disability Discrimination Skyrocket

Nearly 5,000 ADA lawsuits were filed in federal court for alleged website violations in the first six months of 2018, according to a law firm that specializes in defending such cases.

Title III of the Americans with Disabilities Act of 1990 (ADA) prohibits discrimination on the basis of disability in places of public accommodation and exempts application only to private clubs or establishments exempted from coverage under title II of the Civil Rights Act of 1964 or to religious organizations or entities controlled by religious organizations. Title III does not directly address whether places of public accommodation include websites. However, the Department of Justice (DOJ) has taken the position that Title III applies to all public-facing websites used by companies that otherwise qualify as places of public accommodation.