The Justice Department told members of Congress that it is evaluating whether to issue guidance on web accessibility standards under the Americans with Disabilities Act. Responding to a bipartisan letter from 103 members of Congress requesting clarity, the DOJ stood by its interpretation that the law applies to websites, but left room for a flexible approach.
The DOJ letter to Rep. Ted Budd (R-N.C.), who spearheaded the congressional letter with Rep. Lou Correa (D-Calif.), said public accommodations have flexibility in complying with nondiscrimination and communications requirements. It also said that “noncompliance with a voluntary technical standard for website accessibility does not necessarily indicate noncompliance with the ADA.”
The ICBA-supported congressional letter encouraged the DOJ to issue guidance and restrict the rising number of unsubstantiated demand letters and lawsuits from private plaintiffs. It noted that website accessibility demand letters and lawsuits rose from 57 in 2015 to 814 last year—a 1,328 percent increase.
The DOJ letter to Congress follows its response last year to an ICBA letter asking the department to intervene in the demand letters and lawsuits from plaintiff’s attorneys.
Following the DOJ’s response, ICBA updated its guidelines for community banks with advice on how to respond to plaintiffs’ demand letters.
Read DOJ Letter to Congress
Read Congressional Letter
Read ICBA Letter to DOJ
Read ICBA ADA Guidelines
