In recent years, there has been a surge in disability-related lawsuits targeting businesses. This increase highlights the crucial importance of ensuring accessibility for all customers. When considering accessibility for businesses, it is a topic I approach with mixed feelings. Why? Because many of these lawsuits are driven by plaintiff attorneys. The question arises: Are these lawsuits truly about enhancing accessibility, or are they more about financial gain for law firms? This blog post explores the impact of these lawsuits and offers practical tips for businesses to stay compliant and inclusive.

Background Information

According to the Wall Street Journal, the New York-based law firm Mizrahi Kroub has filed over 1,000 lawsuits against businesses for ADA violations. This firm alone handles nearly 25% of all claims brought under the Americans with Disabilities Act (ADA). Neglecting digital accessibility can have costly consequences for businesses, including legal challenges and damage to their reputation. In many cases, businesses choose to settle for less than it would cost to fight the claim. This raises concerns about whether the goal is truly to promote accessibility or to make money for law firms.

According to the Wall Street Journal, the New York-based law firm Mizrahi Kroub has filed over 1,000 lawsuits against businesses for ADA violations. This firm alone handles nearly 25% of all claims brought under the Americans with Disabilities Act (ADA). Neglecting digital accessibility can have costly consequences for businesses, including legal challenges and damage to their reputation. In many cases, businesses choose to settle for less than it would cost to fight the claim. This raises concerns about whether the goal is truly to promote accessibility or to make money for law firms.

The Impact of Accessibility for Businesses

For many businesses, particularly small and medium-sized enterprises, these lawsuits can be devastating. Beyond legal fees and potential settlements, the damage to a company’s reputation can be long-lasting. It’s essential for businesses to recognize that accessibility is more than just a legal requirement; it’s a fundamental aspect of serving all customers and maintaining a positive brand image.

Unfortunately, many companies only start thinking about accessibility after they’ve received a demand letter. I’ve had countless conversations with businesses that were prompted to discuss accessibility only because they were facing legal action. Rarely do they initiate these conversations with the proactive intent of making their services more accessible to bring in more customers. It’s time to shift the narrative around accessibility. Treating it as merely a reactive measure is akin to treating security as an afterthought following a data breach.

Why Accessibility Matters for Business Success

Accessibility is not just about avoiding lawsuits; it is about creating an inclusive environment that welcomes all customers. By making accessibility a priority, businesses can expand their customer base, make customers happier, and foster loyalty. We must remember that some customers require accessibility as a necessity. Our company requires accessibility in order to do business with them.

Accessibility as a Business Imperative

Accessibility isn’t just about avoiding lawsuits—it’s about creating an inclusive environment that welcomes all customers. By prioritizing accessibility, businesses can expand their customer base, increase customer satisfaction, and foster loyalty. We must recognize that for some customers, accessibility is not optional; it’s a necessity. Without it, they simply cannot do business with you.

Steps for Businesses to Improve Accessibility

To ensure compliance with ADA and other accessibility standards, businesses should consider the following actions:

• Conduct Regular Accessibility Audits: Regularly assess your digital and physical spaces to identify and address potential accessibility issues.
• Train Your Staff: Ensure your team understands the importance of accessibility and is equipped to assist customers with disabilities effectively.
• Consult with Accessibility Experts: Partner with professionals who specialize in accessibility to implement necessary changes and stay compliant.

Real-World Examples

Take, for example, a retail store that faced a lawsuit due to inaccessible fitting rooms. By collaborating with an accessibility consultant, the store made the required modifications and avoided further legal complications. Conversely, a café that proactively installed ramps and accessible seating experienced an increase in customer traffic and received positive reviews for its inclusive environment.

Call to Action

Businesses must take accessibility seriously—not just to avoid legal issues, but to create a welcoming environment for all customers. If you need help ensuring your business is compliant and accessible, consider consulting with professionals who specialize in accessibility solutions.

Conclusion

The rise in disability lawsuits underscores the growing importance of accessibility in today’s business landscape. By prioritizing accessibility, businesses can not only avoid legal troubles but also drive success through inclusivity. Let’s work together to make our businesses accessible to everyone. Look at our services in Accessibility Auditing, Accessibility Training, and Strategic Accessibility Consulting to help you out.

Michael Harshbarger is an experienced project manager and accessibility consultant. He is passionate about helping businesses create inclusive digital experiences. With over ten years of experience in project management and accessibility, Michael established AccessibilityFirst Solutions LLC. Michael believes in promoting accessibility as a core business value. He thinks that inclusive design benefits not only those with disabilities but also enhances the user experience for everyone. Michael holds a Master’s degree in Project Management. He has successfully implemented accessibility programs for Fortune 100 companies. In his free time, Michael enjoys exploring the outdoors with his family and playing tabletop role-playing games.