Banks are Sitting Ducks for DOJ Enforcement Actions

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Question:

Since 2014, the DOJ has brought numerous enforcement actions against businesses, including banks, whose websites and mobile applications weren't easily accessible for persons with disabilities and, therefore, were potentially non-compliant with the Americans with Disabilities Act (Act). In order to make their websites and apps more accessible for differently-abled people, what actions have these DOJ settlements required such businesses to take?

Answer:

In March 2014, without any final rule in place, the DOJ adopted Web Content Accessibility Guidelines (WCAG 2.0/2.1 AA) as the standard for making websites and mobile applications accessible to persons with disabilities and ADA-complaint. Since 2014, the DOJ has brought many enforcement actions based on WCAG 2.0 AA as the standard for website accessibility.
The DOJ's settlements to date have typically required businesses to take the following actions:
• Conduct annual accessibility testing
• Use an independent consultant to audit website and mobile application accessibility
• Post a notice on website providing an email address and toll-free number to provide assistance with accessibility-related problems and soliciting feedback on how to improve the website
• Develop website accessibility policies or revising existing policies
• Provide employee training on accessibility requirements
• Obtain commitments from vendors to conform content to comply with WCAG 2.0 AA through contractual provisions
• Designate an employee as a website accessibility coordinator
• Report to DOJ in detail on ADA compliance (or lack thereof)
• In limited cases, provide financial payments to aggrieved individuals
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