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Target $6 million settlement: Is your site ADA compliant?

Target Corp. has recently agreed to a $6 million settlement class-action lawsuit after failure to accommodate blind customers on their website.

In early 2006, The National Federation of the Blind (NFB) and others charged that blind people could not access Target.com, citing “public accommodation” provisions under the Americans with Disabilities Act (ADA).

Target fought the lawsuit, claiming that ADA provisions only related to their “brick-and-mortar” stores. The court found that Target.com was a “gateway” to stores and “heavily integrated” with physical stores, making the website subject to ADA requirements.

In addition to setting up a fund from which plaintiffs can make claims, Target will make all necessary changes to their website to ensure customers using screen-reader software can find the same information and make transactions as all other users. The NFB will regularly test website improvements once completed.

Target also agreed to hold regular training sessions for its Web developers and review quarterly reports of complaints regarding Target.com’s accessibility.

Legal experts advise companies with websites that are “heavily integrated” with brick-and-mortar stores to consider upgrading, allowing better accessibility for the blind and disabled.

Experts also warn employers who regularly post employment opportunities and job applications on their website to consider making changes to comply under the ADA’s employment discrimination provisions and ensure full access to disabled individuals.
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