Independent Software QA Testing Services

Navigating the Legal Landscape

Top 11 Lawsuits filed for neglecting Usability
and Accessibility Testing

Introduction

In an increasingly digital world, ensuring websites and applications are accessible to everyone is nowadays extremely important. And usability and accessibility testing have become the most crucial steps in the entire software development process. However, despite best efforts, some organizations have faced legal challenges related to usability and accessibility issues. Here are the top 12 lawsuits on usability and accessibility testing, shedding light on the importance of Inclusivity in software designing.
(Disclaimer – We are referring to lawsuit information available in the public domain ONLY and suggestions include our personal thoughts for informational purposes only. This is NOT directed towards any organization or it’s legal entanglements in any case or event)
1 National Federation of the Blind vs. Target Corporation (2006)

This landmark case saw the National Federation of the Blind sue Target Corporation for violating the Americans with Disabilities Act (ADA) due to their website's inaccessibility. Target ultimately settled and committed to improving accessibility, setting a precedent for online retailers.

Test Case Strategy

Objective: Verifying that Target’s website is accessible to users with disabilities.

Test Step:

  • Navigate through the website using a screen reader to ensure all content is read accurately.
  • Verify that all interactive elements (links, buttons) are accessible through keyboard navigation.
  • Check for proper alt text on images and labels for form fields.
  • Ensure that the website meets WCAG (Web Content Accessibility Guidelines) compliance standards.

Solution:

  • Conducting thorough accessibility testing using screen readers and keyboard navigation tools.
  • Implementing proper alt text for images and ensure interactive elements are accessible via keyboard.
  • Enforcing WCAG compliance to meet accessibility standards.

Our Suggestions: Proactively conducting Accessibility Testing and Implementing rigorous QA testing on Target’s website to ensure compatibility with screen readers, keyboard navigation, and other assistive technologies. Verify that all interactive elements are properly labeled and accessible.

2 Netflix vs. National Association of the Deaf (2012)

Netflix faced a lawsuit for lacking adequate closed captioning for their streaming content. The court ruled that online-only businesses must comply with the ADA, underscoring the need for equal access to digital content.

Test Case Strategy

Objective: Confirming that Netflix provides adequate closed captioning for their streaming content.

Test Steps

  • Play various types of video content on different devices.
  • Verify that closed captions are available and synchronized correctly.
  • Ensure closed captions are accessible on supported platforms (web, mobile, smart TVs).

Solutions

  • Performing extensive testing to validate accurate closed captioning across all supported devices and platforms.
  • Implementing a robust closed captioning system to ensure accessibility for users with hearing impairments.

Our Suggestions: Conducting thorough accessibility testing of streaming content, ensuring closed captions are accurately synchronized and accessible on all supported devices and platforms.

3 National Federation of the Blind vs. HRB Digital LLC (2014)

The NFB filed suit against H&R Block, asserting that their website and mobile app were not compatible with screen-reading software. The case ended in a settlement, reinforcing the need for businesses to prioritize accessibility.

Objective: Verifying compatibility of H&R Block’s website and mobile app with screen-reading software.

Test Steps

  • Test the website and app using various screen reader software.
  • Ensure all content and interactive elements are accessible through screen readers.
  • Verify proper labeling of form fields and buttons.

Solutions

  • Conducting comprehensive accessibility testing with various screen reader software.
  • Implementing proper labeling and ensuring compatibility with screen readers.

Our Suggestions: Conducting comprehensive accessibility testing on H&R Block’s website and mobile app, ensuring compatibility with screen readers and other assistive technologies..

4 The State of New York vs. Hilton Worldwide (2015)

New York State sued Hilton Worldwide for their website's lack of accessibility for individuals with visual impairments. Hilton agreed to improve accessibility and pay a settlement, reinforcing the importance of ADA compliance.

Test Case Strategy

Objective: Confirming accessibility of Hilton’s website for individuals with visual impairments.

Test Steps

  • Use screen readers and keyboard navigation to navigate the website.
  • Check for proper alt text on images and labels for form fields.
  • Verify compatibility with various assistive technologies.

Solutions

  • Performing  thorough accessibility testing using screen readers and keyboard navigation tools.
  • Implementing proper alt text and ensuring compatibility with assistive technologies.

Our Suggestions: Performing thorough accessibility testing on Hilton Worldwide’s website, ensuring compatibility with screen readers, keyboard navigation, and providing alternative text for images.

5 Miami University vs. Aleeha Dudley (2017)

Aleeha Dudley sued Miami University, alleging that their online content was not accessible to her as a blind student. The court ruled in favor of Dudley, reinforcing the obligation of educational institutions to provide accessible materials.

Test Case Strategy

Objective: Verifying that Miami University’s online content is accessible to blind students.

Test Steps

  • Navigate through the online content using a screen reader to ensure all content is read accurately.
  • Verify that all interactive elements (links, buttons) are accessible through keyboard navigation.
  • Check for proper alt text on images and labels for form fields.

Solutions

  • Conducting extensive accessibility testing using screen readers and keyboard navigation tools.
  • Implementing proper alt text for images and ensuring interactive elements are accessible via keyboard.
  • Conducting extensive testing using screen readers and other assistive technologies.
  • Implementing proper alt text for images and ensuring interactive elements are accessible via keyboard.

Our Suggestions: Performing extensive accessibility testing on Miami University’s online content, ensuring compatibility with screen readers, keyboard navigation, and proper labeling of interactive elements.

6 Five Guys Enterprises LLC vs. Dennis Haynes (2017)

Dennis Haynes sued Five Guys over the inaccessibility of their website and mobile app. The court sided with Haynes, affirming that ADA compliance extends to digital spaces.

Test Case Strategy

Objective: Confirming that Five Guys’ website and mobile app are accessible to users with disabilities.

Test Steps

  • Navigating through the website and app using a screen reader to ensure all content is read accurately.
  • Verifying that all interactive elements (links, buttons) are accessible through keyboard navigation.
  • Checking for proper alt text on images and labels for form fields.

Solutions

  • Conducting extensive accessibility testing using screen readers and keyboard navigation tools.
  • Implementing proper alt text for images and ensuring interactive elements are accessible via keyboard.

Our Suggestions: Performing extensive accessibility testing on Five Guys’ website and mobile app, ensuring compatibility with screen readers, keyboard navigation, and proper labeling of interactive elements.

7 Winn-Dixie Stores vs. Juan Carlos Gil (2017)

This case highlighted the importance of ensuring that even private companies' websites comply with the ADA. The court ruled in favor of Gil, emphasizing that websites must be accessible to all, regardless of their affiliation..

Test Case Strategy

Objective: Verifying that Winn-Dixie’s website is accessible to individuals with disabilities.

Test Steps

  • Navigate through the website using a screen reader to ensure all content is read accurately.
  • Verify that all interactive elements (links, buttons) are accessible through keyboard navigation.
  • Check for proper alt text on images and labels for form fields.

Solutions

  • Conducting extensive accessibility testing using screen readers and keyboard navigation tools.
  • Implementing proper alt text for images and ensure interactive elements are accessible via keyboard.

Our Suggestions: Executing accessibility testing on Winn-Dixie’s website, validating compatibility with screen readers, keyboard navigation, and ensuring that all interactive elements are accessible.

8 The State of Florida vs. Avis Budget Group, Inc. (2018)

Florida filed a lawsuit against Avis Budget Group, alleging their website was inaccessible to individuals with disabilities. The case resulted in a settlement, emphasizing the need for companies to prioritize accessibility.

Test Case Strategy

Objective: Verifying that Avis Budget Group’s website is accessible to individuals with disabilities.

Test Steps

  • Navigate through the website using a screen reader to ensure all content is read accurately.
  • Verify that all interactive elements (links, buttons) are accessible through keyboard navigation.
  • Check for proper alt text on images and labels for form fields.

Solutions

  • Conducting extensive accessibility testing using screen readers and keyboard navigation tools.
  • Implementing proper alt text for images and ensuring interactive elements are accessible via keyboard.

Our Suggestions: Conducting extensive accessibility testing on Avis Budget Group’s website, verifying compatibility with screen readers, keyboard navigation, and proper labeling of interactive elements.

9 Guillermo Robles vs. Domino’s Pizza LLC (2019)

Robles sued Domino's Pizza, alleging that the website and app were inaccessible to blind and visually impaired individuals. The U.S. Supreme Court declined to hear the case, leaving the Ninth Circuit ruling in favor of Robles intact.

Test Case Strategy

Objective: Verifying that Domino’s website and app are accessible to blind and visually impaired individuals.

Test Steps

  • Navigate through the website and app using a screen reader to ensure all content is read accurately.
  • Verify that all interactive elements (links, buttons) are accessible through keyboard navigation.
  • Check for proper alt text on images and labels for form fields.

Solutions

  • Conducting extensive testing using screen readers and other assistive technologies.
  • Implementing proper alt text for images and ensure interactive elements are accessible via keyboard.

Our Suggestions: Performing extensive testing of Domino’s website and mobile app using screen readers and other assistive technologies. Verify that all elements are properly labeled and navigable.

10 The University of California, Berkeley (2020)

UC Berkeley faced a lawsuit for failing to provide adequate closed captions for their online content. While the case was ultimately dismissed, it emphasized the importance of universities ensuring accessibility in their digital materials.

Test Case Strategy

Objective: Confirming that UC Berkeley provides adequate closed captions for their online content.

Test Steps

  • Play various types of video content on different devices.
  • Verify that closed captions are available and synchronized correctly.
  • Ensure closed captions are accessible on supported platforms (web, mobile).

Solutions

  • Conducting thorough testing to ensure accurate closed captions across all supported devices and platforms.
  • Implementing a robust closed captioning system to ensure accessibility for users with hearing impairments.

Our Suggestions: Conducting thorough testing to ensure that all online content has accurate closed captions, providing equal access to individuals with hearing impairments.

11 Hobby Lobby Stores vs. Maria Mendizabal (2020)

Maria Mendizabal sued Hobby Lobby for their website's inaccessibility, citing ADA violations. The court ruled in favor of Mendizabal, demonstrating that retail businesses must prioritize digital accessibility.

Test Case Strategy

Objective: Verifying that Hobby Lobby’s website is accessible to individuals with disabilities.

Test Steps

  • Navigate through the website using a screen reader to ensure all content is read accurately.
  • Verify that all interactive elements (links, buttons) are accessible through keyboard navigation.
  • Check for proper alt text on images and labels for form fields.

Solutions

  • Conducting extensive accessibility testing using screen readers and keyboard navigation tools.
  • Implementing proper alt text for images and ensure interactive elements are accessible via keyboard.

Our Suggestions: Conducting comprehensive accessibility testing on Hobby Lobby’s website, verifying compatibility with screen readers, keyboard navigation, and proper labeling of interactive elements.

Here’s A Brief Outline to Help Address Any Accessibility testing project 

  • Create a Test plan 
  • Using Evaluation tools to test: Find issues using  Sortsite (automated tool), Google lighthouse, 
  • Add Screen readers to test:  ChromeVox using chrome addons
  • Reporting:  Combine the evaluation tools report, visual inspection reports 
  • Prepare a Defect Report:  including JIRA tickets with specific action items to address.
  • Prepare a summary report: And a Page wise metrics  including all Accessibility guidelines 

Please Note

These test case strategies and solutions suggestions only aim to address the specific aspects of each lawsuit, ensuring usability and accessibility compliance. It's always important to adapt these strategies to the specific functionalities and requirements of each application.

Parting Thoughts

These lawsuits surely serve as a reminder of the legal obligations surrounding usability and accessibility testing. In an era where digital experiences are integral to daily life, businesses, educational institutions, and public entities must prioritize inclusivity. And by understanding the legal ramifications, let's work towards a more accessible and equitable digital landscape for all.

About Thought Frameworks

Thought Frameworks is a U.S. based leading QA and software testing organization that's been in business since 2009, armed with the ultimate solutions for all your software's QA testing challenges. Having headquarters both in California, USA, and a fully functional well equipped QA Test Lab in Bengaluru-India, that delivers premium QA and QC services endlessly across different Industry domains and niches. An ISTQB Silver Partnered Company, our superhuman test team heroes have delivered numerous successful QA and QC projects for clients across the globe. Get powered by our deep dive bug hunting process that helps your software in clocking release cycles on time while delivering excelling quality and functionality.