Web Accessibility for American Retailers: A Business Case

Web Accessibility Knowledgebase

American retailers stand to gain a lot by fully investing in web accessibility. Beyond fulfilling important legal obligations, they can expect to significantly expand their audience base, and appeal to modern consumers, who increasingly prefer to support socially-conscious brands.

Yoni Yampolsky

The information presented within this guide is aimed at website owners seeking to learn the ropes of web accessibility and to create a more inclusive online environment for people with disabilities. Technical elements are described in layman’s terms, and, as a rule, all topics pertaining to the legalities of web accessibility are presented in as simplified a manner as possible. This blog has no legal bearing, and cannot be relied on in the case of litigation.

In an age in which retailers are propelled to adopt emerging trends and technology at a rapid pace, one key area is consistently overlooked:

Web accessibility   

We at accessiBe examined the top 100 most visited online retailers in the United States, and found that 96% of them had accessibility problems

The good news is that you can buck this trend, if you choose to take advantage of dynamic accessibility solutions tailored to your unique use case and technological challenges.

In this article, we’re going to showcase why retail businesses should invest in ensuring their online environments are accessible to everyone, regardless of ability. We’ll show you how implementing accessibility measures will not only see you fulfilling your legal obligations, but also present you with significant business potential. 

Key Takeaways:
  • Online retailers stand to benefit considerably from investing in accessibility measures, which will focus on aligning their online environments with the Web Content Accessibility Guidelines (WCAG)
  • As it is a legal requirement under the ADA, pursuing accessibility allows online retailers to fulfill their obligations under the law, and to avoid costly legal recourse
  • Presenting accessible websites and apps will significantly expand retailers’ potential audience, allowing a group consisting of 28.7% of adult Americans to purchase goods and services
  • Modern consumers are greatly concerned with the values held by the brands they choose to spend money on. By investing in accessibility, retailers prove they are committed to inclusivity and to greater social impacts

A quick introduction to web accessibility

The need to ensure people with disabilities are presented with equal access to digital environments is a pressing one. The vast majority of websites and web-based applications present people with various disabilities with significant hurdles which impede (and oftentimes deny them) access to purchasing goods and services online. 

Those looking to present a more inclusive and inviting website, as well as comply with web accessibility legislation (which we will detail in a moment), should ensure their website conforms to the Web Content Accessibility Guidelines (WCAG).

Created by the World Wide Web Consortium (W3C), WCAG is the most prominent and accepted set of web accessibility standards, which also serves as the foundation for many web accessibility laws around the world.

At its core, WCAG is based upon four guiding principles:

  1. Perceivable: People should be able to perceive content appearing on your website through their senses of sight, sound, and touch. To that end, captions need to be added to meaningful video content, and alt text needs to be added to meaningful images
  2. Operable: Website visitors need to be able to operate a website regardless of ability. To that end, user interface components and navigation must be operable via keyboard and other accessible means
  3. Understandable: Information and operation of the user interface must be understandable. To that end, a website's layout should be simple and predictable, and information should be devoid of needless complicated jargon
  4. Robust: Content must be robust enough to work with current and future technologies

For websites to be considered accessible, they will need to conform to WCAG.

WCAG has a deciding impact on web accessibility, so gaining a deeper understanding of its myriad sections, versions, and conformance levels is critical for retail businesses looking to properly tackle this issue. For further reading on this topic, we recommend you check out these articles:

Three reasons why retail businesses need to care about web accessibility

Web accessibility is a legal requirement

Retail businesses need to comply with the Americans with Disabilities Act (ADA). Signed into law in 1990, the ADA is the most seminal piece of legislation protecting the rights of people with disabilities in the United States. 

ADA Title III is specifically aimed at ensuring people with disabilities are given equal access and protection within places of ‘public accommodation’. The latter category includes public-facing businesses, which retail companies fall under. 

While ADA Title III has traditionally been associated with accessibility within businesses’ physical domains, it now is now widely applied to their online environments, as well. 

Since 2018, the Department of Justice (DOJ) has repeatedly reaffirmed its position that websites fall under the purview of the ADA, and thus must be made accessible.

While nothing has officially been codified into law, many U.S. courts now view the DOJ’s stance as binding, and apply the ADA to websites. 

Importantly, when publicizing their statements on this topic, the DOJ has referenced WCAG as the standard businesses should see their websites conform to under the law.


The retail industry: One of the most impacted by ADA lawsuits

Web accessibility lawsuits under the ADA have been on a steady rise in the last few years, with retail being one the industries most impacted by this wave of litigation.  

In the past five years, 81% of the top 500 U.S. eCommerce retailers have faced lawsuits for website accessibility issues under the ADA, with 15% of these companies facing those lawsuits since the beginning of 2024. 

Notable examples of online retialers that have faced high-profile ADA compliance lawsuits include, Blue Apron, Barnes & Noble, Sweetgreen, KitchenAid (Whirlpool Corporation), Panama Jack.

The costs of dealing with such legal recourse are considerable, and can lead to severe reputational damage. 

Bottom line: The ADA, a law retail businesses must comply with, applies to websites and web accessibility. Ensuring their websites are accessible (in the form of reaching WCAG conformance) will help retailers fulfill their legal obligations, as well as mitigate the risk of facing costly legal recourse.

Web accessibility is smart business

In the age of eCommerce supremacy, it simply makes sense to blow open the doors, and allow for the maximum amount of people to access your online store. Members of the various disability communities have immense spending power, wielding $13 trillion in expendable income

When you take the necessary steps toward ensuring your website, app, and other public-facing online environments are accessible, you allow people with disabilities, a group consisting of more than a quarter of adult Americans, to spend their hard earned income on your products and offerings. 

It is important to note that the average online cart abandonment rate is 70.19%. This statistic does not account for what people with certain disabilities experience while attempting to complete a purchase. 

More than likely, these would-be customers will never make it close to the conversion line, and abandon their hopes of becoming your customer long before they reach the checkout process. 

Bottom line: Accessible entrances, aisles, and checkout areas within physical stores enable people with disabilities to become customers. The same logic applies to online shopping, which accounted for 15.9% of U.S. retail sales in the first quarter of 2024. Members of the various disability communities command $13 trillion in expendable income. Treating them with the respect they deserve will allow them to spend their money on your goods and services.

Your customers expect it of you

In recent years, Corporate Social Responsibility (CSR) has become top of mind for many businesses, retailers among them. The reason is simple:

Modern consumers are driven by more than just competitive pricing and intuitive customer experience.

Consider this:

Prioritizing accessibility will position your online business as one that champions inclusivity, and will showcase your commitment toward socially-aware causes.  

Bottom line: More so than ever before, consumers care about the values shared by the brands and companies they choose to support. Investing in accessibility is a clear indication that your retail business is one that welcomes all customers, and can lead socially conscious consumers to choose your brand over your competitors.   

Take the next step

Successfully adjusting websites and web-based applications for accessibility is a multi-level endeavor. As such, it can be approached from a variety of angles, and through using a number of different methods and tools.

Online retail websites are typically complex, and heavily feature dynamic content that requires significant tweaking. Additionally, as mobile plays such a substantial role in online shopping, whatever solution you opt for will need to be capable of addressing accessibility issues that stand in the way of truly inclusive m-commerce design. 

Retailers that have successfully implemented accessibility strategies are those that rely on dynamic accessibility solutions. Web accessibility platforms like accessiBe offer a number of tools and services which each tackle individual stages of the accessibility journey, as well as target specific digital assets and environments, such as online documents and mobile adaptation.

If you’re interested in learning more about how accessiBe can help you on your journey toward accessibility, press here.

__________

Methodology: The websites appearing in this list were all audited by accessScan, accessiBe's free web accessibility checker. 96% of the websites audited were found to have elements on their homepage that do not fully adhere to WCAG.