August 10, 2022

Volume XII, Number 222

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August 09, 2022

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August 08, 2022

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Law Firm Targeting Colleges Alleging ADA Noncompliant Websites

Many colleges and universities are dealing with threatened litigation from a Pennsylvania law firm relating to claims that their websites are not compliant with the Americans with Disabilities Act (“ADA”).  Essentially, the claimants in these cases assert that the websites are not accessible by visual or hearing impaired individuals.

ADA standards for websites have yet to be fully established, and as a result, some institutions have not yet modified their websites to accommodate users with disabilities.  The claimants, all represented by the same law firm, seek to negotiate a settlement with the targeted institutions.  The proposed settlement consists of a cash settlement and an agreement to modify the website to permit the use of the website by disabled individuals.

If your institution is contacted by a law firm claiming to represent such claimants, you should seek counsel promptly.  There are significant issues concerning whether these claimants have the requisite standing to assert claims under the ADA.  Importantly, before facing threatened litigation, institutions should evaluate their websites to ensure that they are accessible by individuals with disabilities.  Ensuring compliance with recognized accessibility standards will reduce, if not eliminate, an institution’s exposure for such disability discrimination claims.

© Steptoe & Johnson PLLC. All Rights Reserved.National Law Review, Volume VI, Number 154
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About this Author

Zachary D. Bombatch, Steptoe Johnson, Employment Compliance Lawyer, Higher education Attorney
Associate

Zack Bombatch is a reassuring presence to his clients, always taking the time to explain difficult and complex legal issues in a comprehensive, yet easy to digest manner. Labor and employment law is the primary focus for Zack’s practice, and he helps clients in a variety of industries navigate the regulatory and statutory framework.  While Zack is comfortable in the courtroom, he enjoys helping clients avoid potentially costly and disruptive litigation.  Zack counsels clients on the potential domino effects that employment actions and policies can have on both business...

(724) 749-3133
Susan Deniker, labor and employment law, litigation, and education law attorney, Steptoe Johnson Law Firm
Member

Susan Deniker focuses her practice in the areas of labor and employment law, litigation, and education law. Ms. Deniker's practice includes state and federal court cases, as well as cases before the Pennsylvania Human Relations Commission, the West Virginia Human Rights Commission, and Equal Employment Opportunity Commission.  Ms. Deniker is leader of the firm's Labor and Employment Practice Group.

Key Experience

  • Defended a client in a class action litigation involving claims under the Fair Labor Standards Act
  • Represented numerous clients in...
304-933-8154
Jim Newberry, Government Relations, Attorney, Steptoe Johnson Law Firm
Member

Jim Newberry focuses his practice in the areas of higher education, government relations, and regulatory matters.  He recently served as Mayor of Lexington and has extensive leadership experience in the equine industry, legal service industry, state government and higher education.  Mr. Newberry is leader of the firm's Higher Education Team and serves as the Managing Member of the firm's Louisville, Kentucky office.

(859) 219-8226
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