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In today’s digital age, accessibility is no longer a “nice to have” feature—it’s a legal requirement. This applies not only to websites but also to digital documents, including PDFs. Failure to make PDFs accessible to individuals with disabilities exposes businesses to significant legal risks, including lawsuits, fines, and reputational damage.
U.S. Laws: ADA, Section 508, WCAG, and State-Level Fines
In the United States, businesses are required to provide accessible digital content under various laws, starting with the Americans with Disabilities Act (ADA). Although the ADA does not explicitly mention PDFs, courts have repeatedly ruled that inaccessible digital content, including PDFs, can violate Title III of the ADA. This applies to businesses and organizations that are considered places of public accommodation, such as retail websites, educational institutions, and healthcare providers. Failure to provide accessible content can result in lawsuits, settlements, and sometimes court-ordered fines, with some recent ADA settlements exceeding hundreds of thousands of dollars.
Costly Cases
- National Federation of the Blind v. Target Corporation: This precedent-setting class-action lawsuit in 2006 under the ADA required Target to pay $6 million in damage.
- National Association of the Deaf v. Harvard: This case settled and Harvard and MIT were required to make their content accessible going forward and pay $1,575,000 in attorney’s costs and fees.
- National Federation of the Blind v. H&R Block: H&R Block was required to pay $100,000 in damages and civil penalties in addition to making its website and apps accessible.
Beyond civil lawsuits, businesses contracting with the federal government are subject to Section 508 of the Rehabilitation Act of 1973, which mandates that electronic and information technology, including PDFs, be accessible to people with disabilities. Failure to comply with Section 508 can lead to penalties, cancellation of government contracts, and potential exclusion from future projects.
U.S. State-Level Accessibility Laws with Financial Penalties
In addition to federal law, many U.S. states have enacted their own accessibility legislation with more specific consequences for non-compliance. States such as California, New York, and Florida are known for having stricter laws and higher financial penalties for accessibility violations. Not surprisingly, these states also consistently boast the highest number of digital accessibility lawsuits every year.
For example, California’s Unruh Civil Rights Act extends ADA protections to online services and allows plaintiffs to seek damages of $4,000 per inaccessible instance, including inaccessible PDFs.
California also has a proposed law (AB 1757) that would require any website reaching California residents accessible to WCAG 2.1 AA standards. It would allow plaintiffs and organizations to hold website developers legally responsible for producing inaccessible websites. The bill also has no grace period…meaning inaccessible websites could face lawsuits immediately after the bill is passed. Like the existing Unruh Act, inaccessible websites and content could result in a $4,000 fine per violation.
Similarly, in New York, the New York Human Rights Law enables plaintiffs to recover monetary damages for discrimination, including digital accessibility violations.
Colorado state and local government agencies must comply with HB21-1110, requiring all digital content to follow WCAG 2.1 AA by July 1, 2024. Failure to comply can result in injunctive relief and a $3500 fine.
International Laws: Fines in the EU, UK, and Canada
International laws are also enforcing stricter requirements for digital accessibility, including PDFs, with significant financial penalties for non-compliance.
In the European Union (EU), the European Accessibility Act (EAA) sets accessibility standards for digital services and products, including PDFs, across the member states. While the act will be fully enforceable by 2025, businesses should begin preparing now.
Non-compliance with the EAA can result in fines that vary by country but can reach up to €100,000 in some cases. Businesses that operate in the EU must ensure that their PDFs are accessible to avoid steep penalties and sanctions.
The United Kingdom’s Equality Act 2010 also mandates that businesses provide accessible services, including digital content. Failure to comply can result in court-ordered fines, and in severe cases, legal fees and compensation costs. The UK’s Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018 require public sector bodies to ensure their websites and digital documents, including PDFs, are accessible. Fines for non-compliance are not capped, making it essential for businesses to follow accessibility guidelines.
In Canada, the Accessible Canada Act (ACA) and provincial laws like Ontario’s Accessibility for Ontarians with Disabilities Act (AODA) impose stringent accessibility standards for digital content. Penalties under the ACA can reach C$250,000 for organizations that fail to make their digital content, including PDFs, accessible. AODA’s penalties are similarly steep, with fines of up to C$100,000 per day for corporations found to be in violation of accessibility requirements. The AODA is unique in that directors and officers of corporations with accessibility violations can personally face fines of up to C$50,000 per day.
The Costs of Ignoring Accessibility
Compliance with PDF accessibility standards is not just a legal obligation but also a commitment to inclusivity and corporate responsibility. Businesses that prioritize accessibility not only avoid legal and financial risks but also foster a more inclusive environment for all users. Investing in accessibility solutions, such as ensuring your PDFs comply with WCAG guidelines, is a proactive step toward avoiding costly legal consequences while promoting inclusivity in the digital world.
Nina Overdorff
Nina comes to Equidox with years of sales and marketing experience from a variety of industries and holds a BS in Language Arts Education. Nina has a passion for words, storytelling, and information, which she believes everyone should have access to regardless of ability. After spending time as a teacher with a blind student, she became much more aware of the limitations and abilities of web accessibility, and how essential it is to those experiencing disabilities. “Being able to access information equally ensures that everyone has an equal opportunity for education, employment, and success in life.”