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Close up of various college students hand holding their graduation cap in the air against the blue sky - ADA accessibility
(Photo Credit: Nirat.pix/Shutterstock)

College websites ADA accessibility class action lawsuits overview: 

  • Who: Joseph Ortiz filed separate class action lawsuits against The Corporation of Mercer University, Lafayette College and Loyola University of Chicago. 
  • Why: Ortiz claims Mercer, Lafayette and Loyola University Chicago fail to make their websites fully accessible for individuals who are blind or visually impaired. 
  • Where: The class action lawsuits were filed in New York federal court. 

Mercer University, Lafayette College and Loyola University of Chicago websites fail to offer full Americans with Disabilities Act (ADA) accessibility to the blind or visually impaired, a trio of new class action lawsuits collectively allege. 

Plaintiff Joseph Ortiz claims Mercer, Lafayette, and Loyola University Chicago have failed to design, construct, maintain, and operate their respective websites so that they are fully accessible for individuals who are blind or visually impaired. 

Ortiz argues that the alleged denial of full and equal access to websites run by Mercer, Lafayette and Loyola University Chicago is a violation of the Americans with Disabilities Act

“Defendant deprives blind and visually-impaired individuals the benefits of its online goods, content, and services — all benefits it affords nondisabled individuals,” state the Mercer, Lafayette and Loyola University Chicago class actions.

Ortiz wants to represent nationwide classes and New York State subclasses of blind or visually impaired individuals who have tried to access the website for either Mercer, Lafayette or Loyola University Chicago and subsequently been “denied access to the equal enjoyment of goods and services offered.” 

Blind, visually impaired individuals allegedly unable to fully access Mercer, Lafayette, Loyola University Chicago websites

Mercer, Lafayette and Loyola University Chicago have access barriers in place on their websites that prevent screen-reading software — used by individuals who are blind or visually impaired — from being compatible, the Mercer, Lafayette and Loyola University Chicago class actions allege.

In addition to allegedly violating the ADA, Ortiz claims Mercer, Lafayette and Loyola University of Chicago are in violation of New York State Human Rights Law and The Rehabilitation Act of 1973

The plaintiff in the ADA accessibility class action is demanding a jury trial for each complaint and requesting injunctive and declaratory relief along with an award of compensatory, statutory and punitive damages for himself and all class members. 

A similar class action lawsuit was filed against Harvard University last month by a legally blind woman claiming the university violates the ADA by allegedly failing to make its website fully accessible to individuals who are blind or visually impaired. 

Have you been denied full and equal access to a website on account of a disability? Let us know in the comments! 

The plaintiff is represented by Michael A. LaBollita, Jeffrey M. Gottlieb and Dana L. Gottlieb of Gottlieb & Associates. 

The college websites ADA accessibility class action lawsuits are Ortiz v. The Corporation of Mercer University, Case No. 1:22-cv-00820, Ortiz v. Lafayette College, Case No. 1:22-cv-00819, and Ortiz v. Loyola University of Chicago, Case No. 1:22-cv-00821, all in the U.S. District Court for the Western District of New York.


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One thought on Colleges face ADA accessibility lawsuits over websites

  1. Melissa Cuevas says:

    I was living in Chicago with my aunt uncle at the time I wanted to research colleges university’s but unable to do so I am visually impaired and was not able to navigate the website although I have software to do so discouraging please add me

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