Most companies are familiar with their obligations to accommodate individuals with disabilities in employment. Another important consideration for accommodating individuals with disabilities is the area of accessibility.

Accessibility claims often occur when an individual with a disability cannot access a company’s products or services available to the general public. Such businesses, referred to as “places of public accommodation” under the Americans with Disabilities Act (ADA), must give people with disabilities equal access to their facilities, products, and services. Accessible websites, sign language interpreters, ramps, and elevators are a few ways businesses can ensure people with disabilities have equal access as compared to the non-disabled general public.

A company’s physical location, such as a store or another venue selling its products or services, may sometimes be the subject of an accessibility concern. Other times, the concern arises with respect to a company’s website.

Website accessibility claims are especially prevalent now that the internet has become the primary means by which many individuals purchase products and services. Under the ADA and related disability laws, most companies must make their products and services available and accessible to individuals with disabilities, including their websites. To be accessible, a website must be coded to allow the visually impaired to use screen reader assistive technology to interact with the website. Because companies are often unaware of or do not know how to comply with their website accessibility obligations fully, they frequently become targets for demand letters and lawsuits.

Polsinelli’s Public Accommodations and Accessibility group is well-versed and experienced in handling all types of accessibility issues and claims, including:

• Working with companies proactively to eliminate barriers to accessibility with respect to their physical locations and websites
• Connecting companies with accessibility consultants to ensure their physical locations and websites meet accessibility obligations under the law
• Advising companies regarding service animals and related obligations
• Drafting web accessibility policies and advising companies regarding the implementation of the same
• Defending against website accessibility litigation brought by blind, visually impaired, or otherwise disabled internet users
• Defending against physical property accessibility litigation brought under the ADA and various state laws