David Baffa and Kathryn Clark Published in Employment Law Strategist
"Must Retailer's Web Site Be Accessible to the Disabled?"

The April 2007 issue of Employment Law Strategist includes the article by David and Kathryn, "Must Retailer's Web Site Be Accessible to the Disabled?," in which they note: "In September 2006, the United States Court of Appeals for the Ninth Circuit held that a retailer with physical store locations may be sued under the Americans with Disabilities Act (“ADA”), the Unrue Civil Rights Act (Cal. Civ. Code § 51(b)) and the California Disabled Persons Act (Cal. Civ. Code § 54.1(a)(1)), if its Web site is not accessible to the blind. Nat’l Fed’n of the Blind v. Target Corp., 452 F. Supp. 2d 946 (9th Cir. 2006). Although the ADA does not impose an affirmative duty on companies to make Web sites accessible to the disabled, the Target decision may represent the tip of a looming iceberg. Companies — particularly retailers with physical store locations — that maintain a Web site to enhance the “full and equal enjoyment of goods and services” offered in physical stores should consider revamping those sites to make them accessible not just to the visually impaired, but also potentially to those who are hearing impaired, learning impaired, or who have limited mobility."

"... pure on-line retailers, companies that maintain business-to-business or less public-facing Web sites, as well as companies that communicate with employees through an “intranet,” also should take notice of and monitor this potential litigation trend. For many organizations, an initial challenge is simply determining who should have accountability for monitoring and evaluating these issues, particularly for organizations that lack a formal compliance oversight function. The risks currently in focus for employers may not cleanly fit within the responsibilities of in-house employment counsel or Human Resources, but the ADA and the Unrue Civil Rights Act are statutes that impact the workplace and. . . the arguments for Web site accessibility . . . case are important to consider with regard to employees and applicants, particularly for companies that rely on electronic communications and internal and external Web sites to communicate with employees and applicants."

"The growing global trend toward requiring private entities to design accessible Web sites means that private entities should consider designing accessible Web sites now, while the risk of litigation is still low. Based upon the popularity of Internet pricing specials, on-line services, and on-line job recruiting, and the likelihood that U.S. law in this area will continue to evolve, companies can expect more lawsuits will be filed asking the courts to extend the coverage of the ADA and analogous state laws to Web sites. While it may not be cost effective or necessary to design a new Web site from scratch, companies that are scheduled to redesign their current Web sites should aim to investigate, learn about, and comply with accessibility guidelines in conjunction with those plans. Retailers, particularly those with Web sites that support physical store locations, may wish to consider more urgent action."