Concordia University Sued for Website Inaccessibility: Class Action Challenges ADA Compliance

Case Overview: A class action lawsuit has been filed against Concordia University, alleging the university's website is not accessible to visually impaired individuals, violating the Americans with Disabilities Act (ADA).

Consumers Affected: Visually impaired individuals who attempted to access Concordia University's website.

Court: U.S. District Court for the Southern District of New York

Concordia University faces a class action lawsuit for failing to make its website accessible to visually-impaired individuals, challenging ADA compliance.

The private Christian university is at the center of a human rights class action lawsuit alleging that its website, cui.edu, does not comply with the Americans with Disabilities Act (ADA) requirements. The suit, led by Bronx County resident Leshawn Young, who is legally blind, argues that the site contains digital barriers that obstruct screen-reading software, essential for people who are blind or have low vision.

Inaccessible Website Creates Barriers for Visually Impaired People, Lawsuit Claims

Leshawn asserts that Concordia University's website discriminates against blind and visually-impaired individuals. She points out that these users are denied full and equal access to website content, which sighted individuals can freely navigate.

Specifically, while attempting to access Concordia University’s website from her home she encountered access barriers that now deter her on a regular basis from visiting the university’s website. 

This includes information about Concordia’s athletics, sports teams, schedule of team games, roster of team participants, game statistics, team news, purchasing admission tickets for team sporting events, viewing videos of team sporting events, website terms and conditions, and the sale of online retail goods like college and team merchandise such as T shirts, sweat shirts, hats and other apparel, as well as other type of goods, and pricing, return, privacy and shipping terms. 

Screen-Reading Software Hindered by Website's Digital Barriers

In today’s tech-savvy world, blind and visually-impaired persons have the ability to access websites using keyboards in conjunction with screen access software that vocalizes the visual information found on a computer screen or displays the content on a refreshable Braille display.

This technology is known as screen-reading software. Screen-reading software is currently the only method a blind or visually-impaired person may independently utilize in order to access the internet. Unless websites are designed to be read by screen-reading software, blind and visually-impaired persons are unable to fully access websites, and the information, products, and services.

According to the lawsuit, Concordia University’s website contains digital barriers that hinder the functionality of screen-reading software, which is crucial for blind or visually-impaired individuals to navigate the web. Leshawn argues that these barriers restrict access to essential website content that is otherwise available to sighted users.

“By failing to make its Website available in a manner compatible with computer screen reader programs, Defendant deprives blind and visually-impaired individuals the benefits of its online goods, content, and services—all benefits it affords nondisabled individuals—thereby increasing the sense of isolation and stigma among those persons that Title III was meant to redress,” the Concordia University ADA class action lawsuit contends. 

The class action details issues like insufficient accessible text for screen readers, unclear descriptions of links and buttons, failure to signal pop-up windows to screen readers, and a confusing tab and focus order. These elements collectively contribute to a user experience that is not fully inclusive of individuals with visual impairments relying on assistive technology to navigate the web independently.

Lawsuit Seeks to Enforce ADA Compliance and Protect Civil Rights

The ADA, established in 1990, mandates that all public-facing businesses must be accessible, including their digital counterparts, ensuring everyone has equal access to goods and services.

Similar class action lawsuits were brought against clothing retailer Maurice’s and Los Angeles fast-casual restaurant chain Sweetgreen over claims their websites are not fully accessible to and equally usable by individuals who are blind or visually-impaired.

Leshawn’s challenge to Concordia University extends beyond ADA compliance, accusing the university of also violating the New York Human Rights Law. She is seeking a jury trial and a permanent injunction to cause a change in Concordia University’s corporate policies, practices, and procedures so that its website will become and remain accessible to blind and visually-impaired consumers. 

Case Details

• Lawsuit: Leshawn Young v. Concordia University Irvine
• Case Number: 1:24-cv-06523-JGLC
• Court: U.S. District Court for the Southern District of New York

Plaintiffs' Attorneys

• Michael A. LaBollita, Jeffrey M. Gottlieb, and Dana L. Gottlieb (Gottlieb & Associates PLLC)

Have you encountered difficulties accessing websites due to visual impairments? Share your thoughts and experiences in the comments below.