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The message coming through is that businesses need to start thinking NOW about making their sites/products accessible, rather than trying to retrofit them later. This accessibility issue is set to snowball, as can be seen with the escalating number of accessibility related lawsuits.
Disability Discrimination Act 1995
This revised Code of Practice deals with the duties placed by Part III of the Disability Discrimination Act 1995 on those providing goods, facilities or services to the public and those selling, letting or managing premises. The Act makes it unlawful for service providers, landlords and other persons to discriminate against disabled people in certain circumstances.
The Code does not impose legal obligations. Nor is it an authoritative statement of the law — that is a matter for the courts. However, the Code can be used in evidence in legal proceedings under the Act. If service providers and those involved in selling, letting or managing premises follow the guidance in the Code, it may help to avoid an adverse judgment by a court in any proceedings.
The duties on service providers are being introduced in stages:
- Since 2 December 1996, it has been unlawful for service providers to treat disabled people less favourably for a reason related to their disability;
- From 1 October 1999, service providers have to make "reasonable adjustments" for disabled people, such as providing extra help or making changes to the way they provide their services;
- It is intended that, from 2004, service providers will also have to make "reasonable adjustments" to the physical features of their premises to overcome physical barriers to access.
Section 21, introduced on 1st October 1999, concerns making changes for disabled people. It states that where a service provider offers services to the public, it has a legal duty to take such steps as it is reasonable for the service provider to have to take in all the circumstances of the case in terms of providing auxiliary aids and services (which may include a website), and/or changing policies, practices and procedures so that disabled people can use a service. This duty is referred to in this Code as the duty to make reasonable adjustments.
As many websites are set up in the USA, Section 508 of the Americans with Disabilities Act (ADA) provides another important development in the legal case. This Act mandates that all federal electronic and information purchases made after 7 August 2000 must be made accessible to people with disabilities. There have already been instances of prosecution using this act:
- The precedent for legal action against online vendors is quite favorable on behalf of the ADA. For example, the landmark case between AOL and the National Federation of the Blind was recently settled out of court, leaving the ISP bound to produce an accessible version of its software and browser by the end of this year.
- According to outlaw.com the disability rights group Access Now and a blind internet user have filed lawsuits against Southwest and American Airlines, claiming that the carriers' web sites do not comply with the Americans with Disabilities Act.
Next Month, Part Two: Business Issues
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