Funimation Settles Lawsuit Involving Allegations it Violated the Americans with Disabilities Act

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Poster for 28th Anniversary of ADA, featuring people with different disabilities and the words, “Did you know? The Americans with Disabilities Act has made our communities more accessible for ALL people.” Graphic courtesy of Administration for Community Living at acl.gov, public domain.

Earlier this month, Funimation agreed to settle an out-of-court discrimination lawsuit.

A lawsuit against Funimation Global Group, LLC was recently settled out of court. The lawsuit was filed in January by Jenisa Angeles, a legally blind person, over allegations that the company’s website violated the Disabled Americans Act. It was filed in the Southern District Court of New York on behalf of “yourself and others in a similar position.”

Legal gavel and books; Image courtesy of
Juice via Pixabay, www.pixabay.com

According to the lawsuit, Funimation had failed to “design, construct, maintain and operate its website in such a way that it was fully accessible and independently usable by everyone [Angeles] and other blind or visually impaired people. “As a result, the lawsuit argued that the website’s design was a“ violation of your rights under the Americans with Disabilities Act (ADA) ”. The lawsuit further states that Angeles is “a visually impaired and legally blind person who could not use a computer without the help of screen-reading software and who is proficient in” NonVisual Desktop Access “screen reading software.”

In her suit, Angeles said she visited the store.Funimation.com website many times to make purchases but “was denied a shopping experience similar to that of a sighted person because the website lacked a variety of features and accommodations, effectively preventing them from determining what specific products were being offered”. Selling. “How? Well, she argued that the” functionality on the old site was missing. Text and couldn’t add a caption element or title attribute for each field. “Additionally, the” pages on the site had the same title elements and the site had broken links ” Because of this, Angeles claimed Funimation participated in “acts of willful acts of discrimination”.

As part of the lawsuit, Angeles sought a permanent injunction requiring Funimation to “retain a qualified advisor acceptable to Angeles to assist Funimation in complying with web content accessibility guidelines (WCAG 2.1) for his website. ”The WCAG is maintained by the World Wide Web Consortium.

What does the ADA say about this type of matter? Well, additional information on the provisions of Title III of the ADA states the following:

“Although the language of the ADA doesn’t specifically mention the Internet, the department [of Justice] has taken the position that Title III covers access to public accommodation websites. The department has issued guidelines on ADA for public agency websites, including the availability of website accessibility standards.

An agency (and similarly a public accommodation) with an inaccessible website can also meet its legal obligations by providing individuals with an accessible alternative to use their goods or services, such as a busy telephone information line. However, such an alternative must offer an equal level of access in terms of hours of operation and the range of options and programs available. “

Another section of Title III of the ADA states:

“No one shall be discriminated against on the basis of disability to fully and equally enjoy the goods, services, facilities, privileges, benefits, or accommodation of any public place of residence by any person who is the owner, lessee (or lessee of). or operates a public accommodation. “

In addition, the lawsuit sought “an injunction to prevent Funimation from violating the ADA and NYC Administrative Code, an injunction for Funimation to fully bring the site into compliance with the ADA, a statement by Funimation that The site is being operated in a discriminatory manner against blind people who do not give access to people with disabilities, as required by the Disabled Americans Act. “It also applied for damages and other reliefs.

Swell:

Funimation Reaches Settlement in Class Action Alleged Violation of Disabled Americans Act

Funimation Facing Class Action Lawsuit for Alleged Violation of Americans with Disabilities Act (Updated)