Websites are a standard tool for nearly every business. Non-compliant websites are lawsuit magnets. Plaintiff firms know it, and they’re cashing in. Settlements can soar from thousands to millions, while businesses get stuck with legal fees, bad press, and a damaged reputation.
Stay ahead of lawsuits by documenting compliance and being prepared to act fast with legal and technical responses. Back it up with Employment Practices Liability Insurance (EPLI) that protects against third party digital discrimination claims.
Recommended Steps to Take if You Receive a Discrimination Allegation
Don't ignore the claim:
Website accessibility complaints are common
Review all communication promptly, as responses are typically time-sensitive
Seek expert help:
Retain legal counsel with expertise in ADA website defenses before responding or settling
Many lawsuits come from firms seeking quick settlements, but strong legal representation can challenge claims successfully
EPLI policies often provide access to dedicated legal helplines
Conduct a website audit:
Have your IT team or outside experts assess your site's accessibility gaps and document remediation efforts
Simple fixes like improving color contrast or adding alt text for images demonstrate good faith and aid negotiations
Document everything:
Keep detailed records of accessibility improvements, communications with your IT team, and prior compliance actions
Notify your insurer:
Report claims to your insurance carrier immediately
Delays may jeopardize coverage
Insurance Considerations
Standard cyber liability and general liability policies usually exclude ADA compliance lawsuits because these fall under the operational risks, not cyber or privacy liabilities
Since website discrimination claims are typically third-party claims (often from customers), coverage may be available under Employment Practices Liability Insurance (EPLI), but only if it includes third-party coverage.
Even then, EPLI generally covers legal defense and settlements, not website remediation, fines, or ongoing compliance.
Protecting Your Business
A website accessibility discrimination claim can threaten revenue, raise executive liability, and harm a company's reputation. No business wants to face these claims, but they’ve become a common risk in today’s online world.
Don't wait for a lawsuit. Make your website ADA and WCAG compliant to ensure accessibility for all users.
Is your website compliant? Does your EPL insurance provide third-party coverage? Koppinger & Associates can help you align your policies and risk management with today’s legal environment.
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