Website Accessibility
Is Your Business a Target?
Website compliance primarily involves adhering to regulations such as the Americans with Disabilities Act (ADA) and the Web Content Accessibility Guidelines (WCAG) to ensure websites are accessible to users with disabilities. Plaintiff law firms are increasingly targeting website accessibility issues as a source of easy revenue through ADA-based lawsuits. Could your website be putting you at risk for a digital accessibility lawsuit?
Smaller companies with revenue under $25M are primary targets, while e-commerce is the most targeted industry with 84% of lawsuits. The potential for damages, attorney fees, and injunctive relief makes these cases attractive. Be proactive. Ask your IT team to evaluate your website to determine if it is ADA compliant, keeping a record of these efforts. Inaccessible websites represent both lost revenue for businesses and legal opportunities for plaintiffs.
Standard cyber liability policies typically do not cover claims arising from non-compliant websites or ADA violations because these issues are generally considered part of a business's operational responsibilities rather than cyber risks.
Cyber liability insurance is essential for protecting businesses from various cyber risks, however it's important to understand its limitations. A cyber policy generally covers three types of liability:
- Privacy liability - you compromised my data
- Network security liability - your lack of security damaged my data, system, or ability to operate
- Media liability - you committed infringement or personal injury through your content
In addition to having your IT department and/or provider evaluate your website for ADA compliance, one effective strategy to safeguard your business is to secure third-party coverage in an Employment Practices Liability (EPL) policy. This coverage is designed to respond to allegations of discrimination or harassment brought against the insured by individuals who are not employees. Incorporating this coverage into your risk management strategy can significantly enhance your protection against the growing trend of ADA website accessibility lawsuits.
Addressing discrimination claims related to ADA website accessibility is central to the purpose of third-party coverage in an EPL policy. Don't leave money on the table. Have you verified your EPL insurance policy includes third-party coverage?
Protect your Reputation and your Bottom Line
Third-party EPL, a Critical Defense against Website Accessibility Claims
Koppinger & Associates has resources that can help..let's talk!
