Question of the Month

April 2020

Question
Does your state/province have any website accessibility requirements?
Answer from Alabama

In Alabama, nothing beyond federal requirements.

For more information please contact Mike Thompson at mthompson@lehrmiddlebrooks.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from California

Effective July 1, 2019, California agencies and entities are required to post on their website home pages a certification that the website complies with the Web Content Accessibility Guidelines 2.0 Level AA, or a subsequent version, and Section 508 of the Rehabilitation Act.

For more information please contact David Wimmer at dwimmer@swerdlowlaw.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Florida

This has not been addressed at the state level in Florida.

For more information please contact Shannon Kelly at skelly@anblaw.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Georgia

No in Georgia.

For more information please contact Doug Duerr at duerr@elarbeethompson.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Hawaii

Not currently in Hawaii.

For more information please contact Sarah Wang at swang@marrjones.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Maryland

Maryland has website accessibility requirements applicable to government, but not private entities at this time. Legislation regarding accessibility for commercial websites was proposed in 2012, but did not pass.

For more information please contact Fiona Ong at fwo@shawe.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Massachusetts

Massachusetts does not have any specific law on the topic.  However, the Massachusetts Public Accommodation Statute, which mirrors parts of the Americans with Disabilities Act, prohibits places of public accommodation from discriminating against individuals based on their disability.  See Mass. Gen. L. Ch. 272, §§92A, 98.  In some circumstances, places of public accommodation must provide reasonable accommodations to disabled persons.  Under that law, it is quite possible that an employer that operates a website may have to make that website handicap accessible.  And, even if it is not covered by the state law, in 2012, a federal court in Massachusetts held that a website was a place of public accommodation under the Americans with Disabilities Act, and as a result, the web only service had to be handicap accessible.  National Association for the Deaf v. Netflix (D. Mass.,

For more information please contact Marylou Fabbo at mfabbo@skoler-abbott.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Minnesota

Minnesota law requires all state agencies to adhere to federal standards for accessible websites.  Minn. Stat. § 16E.03, subd. 9.

For more information please contact Tom Revnew at trevnew@prkalaw.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Nevada

Nevada does not have any special employment requirements related to website accessibility.

For more information please contact Scott Abbott at sabbott@kzalaw.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Ohio

Yes as to public entities such as universities and the state of Ohio. But no as to private employers.

For more information please contact Lynn Schonberg at lynns@rbslaw.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Pennsylvania

Pennsylvania has not adopted website accessibility requirements applicable to private sector employers.  Pennsylvania employers are still covered by the requirements of the Americans with Disabilities Act (ADA).

For more information please contact John Ellis at jellis@ufberglaw.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Texas

No in Texas.

For more information please contact Bryant Banes at bbanes@neelhooper.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Virginia

Yes, but only for state employers.  Specifically, all Virginia state executive branch agencies and institutions of higher education are required to comply with the regulations that implement the electronic and information technology accessibility standards of the Rehabilitation Act of 1973, as amended, and any regulations as may be prescribed by Virginia Information Technologies Agency (VITA).

For more information please contact Susan Carnell at scarnell@lorengercarnell.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Washington

No in Washington.

For more information please contact Ken Diamond at ken@winterbauerdiamond.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Wisconsin

No, the State of Wisconsin adheres to the policies set forth by the U.S. Access Board, including Sections 504 and 508 of the Rehabilitation Act and Title II of the Americans with Disabilities Act requiring state and local entities to provide accessible design. Other than Title III, regarding “places of public accommodation”, there is no state specific website accessibility requirements for private individuals and companies.

For more information please contact Laurie Petersen at lpetersen@lindner-marsack.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

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