ADA Website Accessibility Compliance in New Jersey

New Jersey ADA compliance requirements for websites. Understand state laws, litigation risks, and remediation strategies.

7 min read

Overview

New Jersey, with a dense population and sophisticated consumer base, experiences high rates of digital accessibility litigation. Approximately 650 lawsuits are filed annually. New Jersey courts have been particularly active in enforcing ADA compliance, and plaintiff firms are aggressive in pursuing accessibility claims.

~650

Annual Lawsuits

##6 nationwide

National Rank

Steady with seasonal fluctuations

Trend

Common Targets

• Financial services and banking

• Healthcare provider networks

• E-commerce platforms

• Professional services websites

• Municipal and government sites

Top Plaintiff Firms

• New Jersey Disability Rights Coalition

• Protect & Advocate for Persons with Disabilities NJ

• American Foundation for the Blind New Jersey

New Jersey Accessibility Laws

Americans with Disabilities Act (ADA) Title III

All private businesses; all public entity websites

Federal law requiring equal access to public accommodations, including digital services.

Penalties: Up to $75,000 per violation; attorney's fees and costs

New Jersey Law Against Discrimination (NJLAD)

All New Jersey businesses and public accommodations

Comprehensive state anti-discrimination law covering disability access in public accommodations.

Penalties: Actual damages; compensatory damages; attorney's fees; punitive damages up to $10,000

WCAG 2.1 Level AA Standards

All websites and digital properties

Industry standard accessibility guidelines recognized by New Jersey courts.

Penalties: Legal liability and damage awards

Recent Cases & Outcomes

2023Regional bank with online platformSettlement for website and mobile app remediation$189,000

2023Healthcare network portalJudgment requiring accessibility improvements$124,500

2022Professional services firm websiteSettlement with ongoing monitoring$87,000

2022Municipal government websiteCourt ordered remediation$42,000

* Cases are representative examples. Actual case details may differ.

Compliance Advice for New Jersey Businesses

New Jersey's stringent NJLAD provides stronger remedies than the federal ADA alone. Implement WCAG 2.1 Level AA compliance across all digital properties, paying special attention to banking, healthcare, and professional service websites. Regular audits and remediation strategies are essential. Given New Jersey's active plaintiff bar, early compliance prevents expensive settlements.

Frequently Asked Questions

How does New Jersey's NJLAD differ from the federal ADA?

NJLAD provides additional remedies including punitive damages up to $10,000, compensatory damages, and attorney's fees. NJLAD can apply even to private businesses not covered by federal ADA Title III, creating broader liability.

Are municipal government websites held to higher accessibility standards in New Jersey?

Yes. Government websites are often subject to stricter scrutiny. New Jersey courts have ordered significant remediation of state and municipal sites. Public bodies must comply with WCAG 2.1 Level AA.

What is the most common accessibility barrier sued in New Jersey?

PDF documents that lack proper accessibility tagging are frequent litigation targets. Financial statements, privacy policies, and forms that are PDFs must be screen-reader accessible.

Should New Jersey companies use the NJLAD settlements from other companies to guide compliance?

Yes. Recent NJLAD settlements show courts expect full WCAG 2.1 Level AA compliance. Learning from peer settlements can guide effective remediation strategies.

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