The message coming
through is that businesses need to start thinking NOW about making
their sites/products accessible, rather than trying to retrofit
them later. This accessibility issue is set to snowball, as can be
seen with the escalating number of accessibility related lawsuits.
Disability Discrimination Act 1995
This revised Code of Practice deals with the duties placed by
Part III of the Disability Discrimination Act 1995 on those
providing goods, facilities or services to the public and those
selling, letting or managing premises. The Act makes it unlawful
for service providers, landlords and other persons to discriminate
against disabled people in certain circumstances.
The Code does not impose legal obligations. Nor is it an
authoritative statement of the law — that is a matter for the
courts. However, the Code can be used in evidence in legal
proceedings under the Act. If service providers and those involved
in selling, letting or managing premises follow the guidance in
the Code, it may help to avoid an adverse judgment by a court in
any proceedings.
The duties on service providers are being introduced in stages:
- Since 2 December 1996, it
has been unlawful for service providers to treat disabled people
less favourably for a reason related to their disability;
- From 1 October 1999,
service providers have to make "reasonable adjustments"
for disabled people, such as providing extra help or making
changes to the way they provide their services;
- It is intended that, from
2004, service providers will also have to make "reasonable
adjustments" to the physical features of their premises to
overcome physical barriers to access.
Section 21, introduced on 1st October 1999, concerns making
changes for disabled people. It states that where a service
provider offers services to the public, it has a legal duty to
take such steps as it is reasonable for the service provider to
have to take in all the circumstances of the case in terms of
providing auxiliary aids and services (which may include a
website), and/or changing policies, practices and procedures so
that disabled people can use a service. This duty is referred to
in this Code as the duty to make reasonable adjustments.
As many websites are set up in the USA, Section 508 of the
Americans with Disabilities Act (ADA) provides another important
development in the legal case. This Act mandates that all federal
electronic and information purchases made after 7 August 2000 must
be made accessible to people with disabilities. There have already
been instances of prosecution using this act:
- The precedent for legal
action against online vendors is quite favorable on behalf of
the ADA. For example, the landmark case between AOL and the
National Federation of the Blind was recently settled out of
court, leaving the ISP bound to produce an accessible version of
its software and browser by the end of this year.
- According to outlaw.com
the disability rights group Access Now and a blind internet user
have filed lawsuits against Southwest and American Airlines,
claiming that the carriers' web sites do not comply with the
Americans with Disabilities Act.
Next Month, Part Two: Business Issues
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