Hugo Boss Class Action Says Website Inaccessible to the Blind

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A legally blind man claims in a proposed class action lawsuit that Hugo Boss’ website is discriminatory under the Americans with Disabilities Act because it fails to accommodate blind and visually impaired customers.

Plaintiff Andres Gomez filed the discrimination lawsuit under the Americans with Disabilities Act on June 2 in Florida federal court, specifically stating that hugoboss.com does not integrate with screen-reader software, therefore preventing access for legally blind or visually impaired consumers to purchase merchandise.

Screen-reader software allows individuals who are visually impaired to comprehend information available on the internet and access websites.

Unless Hugo Boss’ website can interface with screen-reader software or other assistive functions, blind consumers are prevented from completely accessing the website and becoming informed of the store’s locations and inventory of merchandise, Gomez’s complaint alleges.

This lack of accommodation “completely excludes individuals with disabilities who are visually impaired from enjoying and visiting [the retailer’s] place of public accommodation, namely the defendant’s website,” the complaint says.

The Hugo Boss lawsuit further alleges that the upscale German-based specialty retailer knowingly excludes individuals who are visually impaired from patronizing their website by not providing a mechanism to service these customers.

Gomez contends that this lack of accommodation violates basic equal access requirements under both state and federal law.

“This is an action to put an end to civil rights violations committed by defendant Hugo Boss against individuals with disabilities who are visually impaired and who cannot access and comprehend the internet and the websites that operate therein without the aid of assistive technology,” the complaint asserts.

Gomez asked the court to impose a permanent injunction prohibiting Hugo Boss from operating its website without adequate accommodation for the visually impaired community.

He is also asking the court to order Hugo Boss to clearly display the universal disabled logo within its website linking to a page stating the retailer’s accessibility information, facts, policies, and accommodations.

Additionally, Gomez is requesting Hugo Boss implement a website accessibility coordinator to facilitate and monitor the site’s compliance with the Americans with Disabilities Act.

He seeks to represent a nationwide Class of legally blind individuals who attempted to access hugoboss.com and as a result encountered access barriers in purchasing Hugo Boss’ merchandise, along with a subclass in Florida. The proposed class action lawsuit also requests attorney’s fees and compensatory damages.

Gomez has filed similar class action lawsuits against New Balance, Perry Ellis, True Religion, and Panera seeking full and equal use of these websites by individuals with disabilities.

The plaintiff is represented by Scott R. Dinin P.A.

The Hugo Boss Website ADA Class Action Lawsuit is Gomez v. Hugo Boss Retail Inc., Case No. 1:16-cv-21989, in the U.S. District Court for the Southern District of Florida, Miami Division.