Resolution Agreements and Lawsuits
Universities work with the United States Department of Education Office for Civil Rights (OCR) and the United States Department of Justice (US DOJ). The OCR and US DOJ may audit and provide universities with additional guidance to current information technology (IT) accessibility program plans. These are enforceable under the Americans with Disabilities Act (ADA) and Rehabilitation Act of 1973, Section 504 and 508 (Section 504, Section 508).
University of Washington provides a good summary of resolution agreements and lawsuits within the education industry. Items brought up in those resolution agreements and lawsuits:
- Accessibility audit and corrective action strategy
- Policy
- Training and education
- Procurement
- Websites
- Learning management systems
- Classroom technologies (podiums, display equipment, and "clickers")
- Banks and ATMs
- Grievance procedure
- Captioning
- Ownership of accessibility
Comprehensive lists of legal cases
Given the thousands of legal cases, there is no single, fully comprehensive list. These links go to more publicized legal cases or those that set certain precedents.
- Higher Ed Accessibility Lawsuits, Complaints, and Settlements - Laura Carlson, University of Minnesota Duluth
- Web Accessibility Related Lawsuits and Settlements in the United States - Karl Groves
- Legal Updates - Law Office of Lainey Feingold
Recent legal cases in higher education
- Los Angeles Community College District (LACCD) - 2023 May 26
- Population affected: Visual
- Items of concern:
- procurement/use of accessible course materials and accessible software
- accommodation policies and procedures
- alternative course material procedures
- Known costs to university: $240,000 in compensatory damages to two students
- City University of New York (CUNY) - US DOJ, 2023 April 12
- Population affected: Visual
- Items of concern:
- accommodation policies and procedures
- procurement/use of online learning product
- alternative accessible textbooks and other course materials
- Agreement:
- systemwide policies to improve digital accessibility
- training of faculty and staff
- effective reasonable accommodation and complaint procedures
- adoption of Web Content Accessibility Guidelines (WCAG)
- accessibility review of IT procured/used
- Known costs to university: $10,000 in compensatory damages to the student
Guidance from the US DOJ
- Accessibility of State and Local Government Websites to People with Disabilities
- ADA: Know Your Rights - Returning Service Members with Disabilities
- ADA Requirements: Effective Communication
- ADA Requirements: Testing Accommodations
- ADA Requirements: Ticket Sales
- ADA Update: A Primer for State and Local Governments
- Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring
- Commonly Asked Questions About the ADA and Law Enforcement
- Communicating with People Who Are Deaf or Hard of Hearing - ADA Guide for Law Enforcement Officers
- Guidance on Web Accessibility and the ADA
- Guide to Disability Rights Laws