As technology becomes increasingly integral to modern life, ensuring it does not create new barriers for people with disabilities is crucial to upholding the promise of equal opportunity under the Americans with Disabilities Act (ADA). This includes technologies used by employers, state and local government services such as public schools, voting systems, public transit systems, and places of public accommodation like doctors' offices and private colleges. As the ADA marks its 34th anniversary this month, the Justice Department’s Civil Rights Division and the Equal Employment Opportunity Commission (EEOC) are collaborating to prioritize technological equity, inclusion, and accessibility through a multi-faceted approach.
The agencies have engaged in rulemaking and enforcement efforts in this area. Earlier this year, the department finalized regulations on Accessibility of Web Information and Services of State and Local Government Entities, establishing a technical standard for web content and mobile app accessibility provided by entities covered by Title II of the ADA. The Justice Department has also reached agreements under Title II to ensure accessible election websites in four Texas counties and that an Oklahoma state agency's mobile applications are accessible to people with disabilities. Employers (covered by Title I) and places of public accommodation (covered by Title III) must make online information accessible to people with disabilities who use assistive technology. For instance, a health clinic in Springfield, Illinois agreed to make its website, patient portal, and mobile applications accessible following a settlement under Title III.
Employers who do not allow disabled individuals to use necessary assistive technology for job applications or performance may face legal action. This was evidenced by two recent EEOC lawsuits filed in Maryland and North Carolina.
The ADA’s equal-opportunity mandate requires more than just making electronic information accessible; it also mandates that software used by employers does not discriminate against qualified applicants or employees with disabilities. The EEOC and Justice Department have published documents explaining how tools like interview chatbots or algorithms analyzing voice patterns can disadvantage disabled individuals. They offer guidance on preventing algorithmic discrimination. Additionally, the EEOC has released an ASL video on this topic along with tips for employees and applicants.
While technology evolves rapidly, presenting new challenges for ADA compliance, it also offers innovative tools that can enhance accessibility. These tools are detailed in recent EEOC documents regarding workplace rights for people with hearing and visual disabilities. Further information about assistive technology is available through the Job Accommodation Network. The EEOC and Justice Department remain committed to using legal measures to protect the rights of people with disabilities in the digital age.