Over the past year, some real estate brokerages received letters from attorneys alleging that their brokerages are not in compliance with the American with Disabilities Act (ADA) because their websites are not compliant with accessibility requirements. The common trend is for the attorneys to allege they are representing clients with disabilities who cannot access the brokerage web pages because they are not compliant with ADA website accessibility guidelines. The attorneys then demand the brokerages provide proof of compliance or pay damages to avoid being named in  lawsuits. The question becomes: “How should brokerages make their websites compliant?”

On March 18, 2022, the U.S. Department of Justice republished and clarified web accessibility guidance under the ADA. Brokerages are required to have accessible websites because the ADA requirements apply to all businesses open to the public. This set of guidelines will help brokerages to proactively update their websites to meet accessibility requirements under the ADA. The information is important for all brokerages, but the timing of the release of the new information might be particularly helpful to those exploring the option of setting up virtual offices in Illinois. Brokerages should make certain that their web designers are familiar with the ADA requirements.

Businesses should consider a variety of website features to ensure their websites are more accessible. The following is a non-exhaustive list of features that website owners should consider making their websites more accessible:

  • color contrast in text (for those with limited vision or color blindness);
  • text cues when using color in text (for color blindness or others who cannot perceive the color);
  • text alternatives in images (to hear the alternative text read out loud);
  • video captions (for those who are hearing impaired);
  • online form options (labels, keyboard access and clear instructions for the visually impaired);
  • headings;
  • keyboard and mouse navigation options such as voice command in lieu of keyboard or mouse; and
  • option to report accessibility issues on web pages.

For more information, check these online resources:

Justice Department Issues Web Accessibility Guidance Under the Americans with Disabilities Act | OPA | Department of Justice

ADA web guidance (This is a BETA site. It’s an early, in-progress version of an improved ADA.gov. If you do not find what you are looking for, check back later for updates.)

Important legal alert: website accessibility for Illinois brokerage companies

Window to the Law: ADA and website accessibility update