eSSENTIAL Accessibility

ADA Demand Letter Guidebook

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STEP 1 Engage an Accessibility Partner You received a demand letter, now what? It's time to engage an accessibility partner. While responding to the demand letter is a critical first step, much of the subsequent work required is complex, spanning multiple teams. An accessibility partner with expert understanding of digital compliance requirements will guide you through the process, keeping everyone on track. Choosing a partner like eSSENTIAL Accessibility also provides access to our in-house legal counsel to assist with your demand letter response efforts and consult on existing and upcoming accessibility laws and standards as required. Once engaged, we will: • Review your demand letter to assess its credibility before determining how to respond. Many demand letters are 'boilerplate letters' that cite standards like Section 508, which don't apply to all websites/industries — our legal counsel will help you determine its legitimacy to your business or whether it can be dismissed. At the same time, we'll review your website to verify whether claims are valid. If valid, we will immediately initiate a response effort, which includes: • Publish an Accessibility Statement on your website. This will publicly showcase your organization's efforts to improve access and inclusion and show you're taking steps to become compliant. • Develop an accessibility roadmap to resolve issues identified in the demand letter plus any issues discovered following a thorough audit of your digital properties. This is essential information to include if/when negotiating a settlement. • Assist with drafting a Demand Letter response. Our in-house counsel can offer guidance to ensure you properly document the steps you're taking to resolve the accessibility complaints in accordance to WCAG standards. Additionally, because WCAG standards are considered an accessibility benchmark, not a legal requirement, we can help you identify areas where you can request compliance flexibility. 4 | essentialaccessibility.com

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