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ADA Website Accessibility Lawsuit: Advanced Placement Exam Provider

Case # · District Court, C.D. California · Filed May 19, 2020

Plaintiff's Firm: BAKER, KEENER & NAHRA, LLP and MILLER ADVOCACY GROUP

WCAG 2.1 AAAssistive Technology Compatibility FailureInsufficient Time LimitsUse of Color Alone for InformationScreen Reader Incompatibility

Case Summary

J.P. on behalf of her minor son R.P., and other students with disabilities, alongside The National Center For Fair & Open Testing (FairTest), filed a lawsuit against an online advanced placement exam provider in the Central District of California - Western Division on September 30, 2020.

The plaintiffs allege specific WCAG violations, including a lack of accessibility assistance and accommodations for students with disabilities (such as extra time, breaks, alternative formats, and assistive technology compatibility). The complaint also highlights inaccessible link differentiation for color-blind users, relying solely on color, and a complete absence of support for screen-reading software or audio accommodations for digital exam terms.

This case highlights significant legal risks for digital platforms offering services to the public, particularly those involving timed, high-stakes assessments. Companies must ensure their online interfaces and associated terms and conditions are fully accessible and provide reasonable accommodations for disabled users to avoid similar ADA Title III litigation and ensure contractual enforceability.

Case Q&A

What specific WCAG violations is this online advanced placement exam provider accused of?

The provider of online exams is accused of failing to provide accessibility assistance and accommodations for disabled students, including extra time, breaks, alternative formats, and assistive technology compatibility. Additionally, the online platform presented inaccessible link differentiation for color-blind users by relying solely on color and lacked support for screen-reading software or audio accommodations.

Who filed this lawsuit, and which law firm?

The lawsuit was filed by J.P. on behalf of her minor son R.P., and other students with disabilities, alongside The National Center For Fair & Open Testing (FairTest). They are represented by BAKER, KEENER & NAHRA, LLP and MILLER ADVOCACY GROUP.

What legal risk does this create?

This case presents a significant legal precedent for other online service providers, especially those offering timed or critical digital interactions. It emphasizes the need for comprehensive digital accessibility to ensure compliance with ADA Title III and to prevent legal challenges related to discrimination and contract enforceability.

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