CHICAGO — Since the pandemic, the Americans With Disabilities Act’s (ADA) reach into workplace events has expanded in two ways. The key to its reach, however, lies in the law’s wording.
Trade show organizers have always had to make their content accessible, but with the return to in-person business events, some people can no longer attend in person due to health concerns. Does that mean an organization has to provide content to them virtually? According to Kimberly A. Pendo, a partner at Chicago Law Partners, it depends.
“For as long as the ADA has existed, organizations have been required to provide reasonable accommodations to attendees with disabilities, as long as those accommodations do not cause the organization an ‘undue hardship.’ That has not changed,” Pendo said. “Just because last year’s meeting or conference was virtual or hybrid does not mean the organization must provide a virtual or hybrid meeting in the future to attendees who are unable to attend the meeting due to a disability.”
“As we have all learned, virtual or hybrid meetings come with many challenges, including higher costs and increased labor. Therefore, it is likely that a participant’s request to participate in the virtual conference would create an undue hardship for the organizer and could therefore be legally denied.”
The second way the ADA applies is that digital events themselves must include attendees who request accommodations. This includes people who are blind, deaf, or hard of hearing, or those who have intellectual, developmental, or mobility disabilities. The key is to select a platform that provides real-time captions, allows people to magnify screen content, and supports screen readers and interpreters.
The Mid-Atlantic ADA Center is a great source of advice on making virtual meetings accessible. For larger virtual events, it may be a good idea to hire an accessibility consultant.
“As groups work to accommodate attendees in a post-COVID world with increasing travel challenges and other considerations, the industry may be at a crossroads and should seriously consider how best to meet the changing needs of attendees,” Pendo said. “Organizers should also ensure that virtual meetings and webinars are accessible to people with disabilities.”
Contact Kimberly A. Pendo at (312) 929-1964 or kpendo@clpchicago.com
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