Whirlpool class action alleges KitchenAid website not accessible to visually impaired, blind visitors

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KitchenAid website accessibility overview:

• Who: Andrew Toro filed a class action lawsuit against Whirlpool Corporation.
• Why: The plaintiff alleges that KitchenAid’s website discriminates against blind and visually impaired people.
• Where: The class action was filed in the federal court of New York, Southern District.

A new class action lawsuit filed against Whirlpool claims its website kitchenaid.com is not accessible to visually impaired and blind people.

More specifically, the lawsuit claims the company has not made its website compatible with screen-reading software that helps visually impaired consumers navigate websites. 

Visually impaired individuals rely on this software to render images into text and vocalize descriptions so they can understand what images are being displayed on websites, the Whirlpool class action claims. By not making their website compatible, the lawsuit alleges Whirlpool engages in unlawful discrimination. 

The lawsuit cites census data saying more than 8 million Americans are visually impaired, including 2 million who are blind. The American Foundation for the Blind in 2015 estimated 400,000 visually impaired persons live in the state of New York, where the Whirlpool class action was filed.

KitchenAid website lacks alt text, proper navigation controls, Whirlpool class action alleges

The lawsuit states that “well-established” international website standard guidelines that are “universally followed by most large business entities and government agencies” call for making websites accessible to blind and visually impaired consumers. These guidelines, as well as federal government accessibility standards under Section 508 of the Rehabilitation Act, recommend:

• Adding invisible alt-text to graphics
• Ensuring that all functions can be performed using a keyboard and not just a mouse;
• Making image maps accessible
• Adding headings

The Whirlpool class action alleges problems with the KitchenAid website include:

• Structure and labeling
• Search suggestions
• Status updates
• Drop-down menus and lists
• Navigation controls
• Titles and headings
• Check and dialog boxes
• Dialog boxes
• Product ratings
• Lack of alt text on images and videos without captions 

This inaccessibility forces visually impaired people to expend time and money to visit physical stores to make purchases, the lawsuit alleges, seeking compensatory damages.

In another legal action against Whirlpool, the company settled a class action lawsuit filed against Whirlpool Corp. that alleged the company sold refrigerator models with defective control panels, leading to ice buildup and leaks in the surrounding area. 

As for website access for the blind and visually impaired, many other companies are also facing lawsuits.

The KitchenAid website class action is Andrew Toro, on behalf of himself and all others similarly situated v. Whirlpool Corporation, Case No. 1:23-cv-848, in the U.S. District Court of New York, Southern District

Are you a blind or visually impaired person who has been unable to navigate a website to make purchases? Tell us in the comments.

Attorney for the plaintiff is Mars Khaimov of Mars Khaimov Law, PLLC.

Read About More Class Action Lawsuits & Class Action Settlements:

• Notre Dame College class action claims website inaccessible to blind, visually impaired
• SoulCycle class action claims website not accessible to visually impaired, blind visitors
• Nuts.com class action alleges website inaccessible to blind, visually impaired consumers
• Invicta class action claims website inaccessible to blind, visually impaired users