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ADA Compliance and Website Accessibility: Circuit Split, Online Accessibility Act, W3C Guidance

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, May 24, 2022

Recorded event now available

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This CLE course will provide corporate counsel with tools to mitigate liability for a website or mobile app that does not comply with the Americans with Disabilities Act (ADA). The panel will discuss the conflicting legal authority in various jurisdictions, and how this authority affects this type of litigation. The panel will also provide their views on enforcement of this area of the law in the near future.


While physical access to brick and mortar locations must meet the ADA's standards of accessibility, there is a current circuit split on whether websites and mobile applications must also meet the ADA's accessibility standards. Cases remain on the rise, and a business may find itself on the receiving end of a demand letter or a lawsuit brought by one of many plaintiffs' firms that focus on such litigation and target noncompliant websites, in multiple jurisdictions.

Despite disability rights advocates' demand for the Department of Justice to issue regulatory action on the accessibility of websites, it has not yet done so. Accordingly, businesses will need to continue to interpret and apply the courts' conflicting guidance as best they can as determined by their locations, and digital accessibility lawsuits will continue to be filed in forums most favorable to plaintiffs.

Listen as our expert panel discusses how to navigate the circuit split related to ADA accommodations and website accessibility. The panel will address best practices to mitigate risks of a claim and proactive steps that can be taken before a claim arises.



  1. Application of the ADA to websites and apps
    1. How ADA principles apply to websites and mobile apps
    2. Circuit split
    3. Online Accessibility Act
    4. W3C guidance
  2. Risk mitigation
    1. Proactive steps to minimize the risk of a suit
    2. Steps to mitigate liability and damages when a claim is filed


The panel will review these and other essential matters:

  • What is the current published guidance by the World Wide Web Consortium (W3C) on website accessibility?
  • What are the legal risks and exposures to clients for maintaining inaccessible websites and mobile applications?
  • Will the Department of Justice step in to issue regulatory guidance in this area?
  • What is the status of the Online Accessibility Act, and will it affect future litigation?


Blank, Shira
Shira M. Blank

Epstein Becker & Green

Ms. Blank defends companies against lawsuits alleging violations of all aspects of the Americans with Disabilities Act...  |  Read More

Sidoti, Mark
Mark S. Sidoti

Director, Commercial & Criminal Litigation

Mr. Sidoti – a commercial  litigator at Gibbons, P.C. and Chair of the firm’s E-Discovery Task Force,...  |  Read More

Taylor, Jason
Jason C. Taylor

Chief Innovation Strategist

Mr. Taylor is the Chief Innovation Strategist and Advisor to the UsableNet CEO with nearly 20 years of experience in...  |  Read More

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