One year after the U.S. Department of Justice released guidance about website accessibility, lawsuits in this area are increasing. Public companies must take steps to ensure accessibility and meet ADA requirements.
BY ALEXANDRA WALSH
n Spring 2022, the U.S. Department of Justice (DOJ) released new guidance at
www.ada.gov/ resources/web-guidance/ concerning the ac- cessibility of websites to people with disabilities that could mean significant penalties for public companies if they are not paying close attention. In outlining its expectations with respect to compliance with the Americans with Disabilities Act (ADA), the DOJ reiterated the need for all public-facing websites – investor relations and corporate – to meet accessibility standards. As a result, accessibility-related litigation is in-
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creasing. A new record was reached in 2022, with plaintiffs filing 3,255 web accessibility lawsuits – a 12% increase over the previous year, according to a recent publication from Seyfarth Shaw LLP. Tis leaves many investor relations (IR) profes- sionals to decipher what is a true litigious threat,
What Is Web Accessibility?
Web accessibility means that websites, digital content, tools, and technologies are designed and developed so that people with disabilities can use them, according to the World Wide Web Consortium (W3C). Those disabilities include blindness and low vision, deafness and hearing loss, learning disabilities, cognitive limitations, limited movement, speech disabilities, photosensitivity, and combinations of these. Accessible websites make it possible for people to perceive,
understand, navigate, and interact with the content on the Web. This may be with screen reader tools, video captions, or even through better design (text color contrast being one of the most common offenses). (Contributed by Investis Digital.)
what must be done to remain compliant, and the risks involved. “Company websites are essential resources for
current and potential investors,” says Alexander Ro- mano, Manager, Web Development at Q4. “A critical aspect of successful IR websites is accessibility. All users should be able to access and navigate the IR website, regardless of any physical or technological barriers they may face.” In addition to the legal requirements, he notes
that ensuring that your website is accessible is a good business practice. “By providing equal access to all users, you dem-
onstrate your commitment to diversity and inclusion, which can help to build trust and credibility with your customers and stakeholders,” he says. “An accessible website is available to a broader audi-
ence, including those using assistive technologies such as screen readers or text-to-speech software. By making your site accessible to these users, you can expand your reach and potentially attract a larger pool of investors.” Many IROs are on a tightrope. Tey have to balance
constant vigilance with the desire to use websites and other platforms to provide resources and information and tell their company’s story. And in fact, vigilance can be challenging when accessibility is a constantly moving target.
Just Guidance Te ADA has been interpreted by several courts to require that websites be accessible to individuals with disabilities. In the United States alone, there are an estimated 35 million people with ambulatory, vision, cognitive, and hearing disabilities that impact their ability to navigate the web.
niri.org/ irupdate IR UPDAT E ■ SPRING 2 0 2 3 2 9
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