Just when the hospitality industry thought it had compliance with Americans with Disability Act (ADA) requirements under control, a new issue has emerged, with ADA Title III lawsuits over website accessibility being filed in record numbers.

It’s not just hospitality that’s grappling with the issue. The likes of the boutique Avanti Hotel in San Diego and national pizza chain Domino’s are joined by grocer Winn-Dixie; 50 colleges, including Harvard and MIT; and Kmart and CVS Pharmacies as targets for non-compliance with the ADA over websites that are inaccessible to disabled guests.

The arguments that “there’s no such thing as an accessible website” aside, the issue was behind a 17 percent jump in ADA Title III suits in 2017. In 2018’s first half, actions were being filed at a pace expected to hit 10,000 for the year – or 30 percent ahead of 2017 levels.

It’s almost enough to make hotels, restaurants, resorts and other hospitality industry players yearn for the simpler things required to provide “reasonable” modifications to accommodate individuals with disabilities. Think accessible alternatives to high-top bars or doorways wide enough for a wheelchair to fit through or correctly placed grab bars in bathrooms.

But websites? Back in 1990, when the ADA became law, websites were a rarity and not yet relevant. Today, though, while not brick-and-mortar businesses, they are still “places” where business is transacted and thus should be accessible to guests with disabilities – who can’t see or hear, for example.

The U.S. Department of Justice last year was expected to clarify whether failure to comply with ADA website accessibility guidelines was a violation of the ADA. But it September it essentially said “not necessarily” and kicked the matter back to legislators to decide.

Here’s what hoteliers, restaurateurs and others in the industry need to know in order to avoid the risk. ADA website accessibility compliance is measured through the international Web Content Accessibility Guide 2.0; their websites must be perceivable, operable, understandable and robust.

  • Written content must be coded for audio translation by the vision-impaired using screen reader software.
  • Videos need to include descriptions for the deaf and onscreen captions for the blind.
  • Interactivity must by enabled by keyboard commands for those who can’t operate a mouse.

Your general liability policy or EPL insurance will likely cover other ADA Title III claims, but it’s best check with your broker for your protection for website disability claims under the ADA. You may uncover coverage gaps. For example, there is coverage for ADA public accommodation discrimination claims, such as a third-party liability endorsement to employment practices liability policies. This may cover defense costs and monetary judgment for Title III claims, but not necessarily the costs to make your site compliant. It’s also important to know that stand-alone policies are making their way onto the market that cover the total costs of ADA public accommodations claims.

HUB International’s team of brokers is available to work with you in understanding and managing risk and insurance issues at your organization.