I’ve been posting a lot of blogs in the last few days in an effort to catch up with a backlog of important or at least interesting cases. Just as I was wrapping up this Quick Hits blog the Sixth Circuit handed down its decision in Brintley v. Aeroquip Credit Union, precipitating the blog’s publication. Subscribers who feel they are being spammed can rest assured the pace of posts will slacken – assuming the pace of ADA and FHA accessibility developments slackens, of course. More
Tooting our own horn as they say, we note that B2B E-Commerce World quoted Richard in a January 17, 2018 article by Paul Demery, “The government’s push to higher web accessibility standards.” For businesses that do business with the federal government the article provides a good overview of the Section 508 “ICT Refresh” that incorporated WCAG 2.0 into the requirements of Section 508. Richard’s observation was simply that litigation under Section 508 is far less common that litigation under Title III of the ADA because the requirements apply primarily to the federal government and some of its technology contractors so disputes are handled directly between the government and those contractors. It should be noted that Title III and Title II lawsuits against entities that receive federal funding frequently include a claim under Section 504 of the Rehabilitation Act, which has only a general non-discrimination provision and whose regulations do not explicitly incorporate a web accessibility standard. DOJ takes the position that both Section 504 and Title III of the ADA require web accessibility.