Emanuel Delacruz, a blind individual, filed a class action lawsuit in Federal District Court in New York, alleging that Fordham University discriminates against disabled persons due to an "inaccessible" website, at www.fordham.edu Delacruz v. Fordham University, Sept 23, 2017, NY U.S. Dist. Ct., South, 1:17-CV-07253.

Highlights of the Complaint

  • "[B]lind and visually impaired people have the ability to access websites using keyboards in conjunction with screen access software that vocalizes the information found on a computer screen or displays the content on a refreshable Braille display... Unless websites are designed to be read by screen-reading software, blind and visually-impaired persons are unable to fully access websites..."
  • "Due to the inaccessibility of Defendant’s Website, blind and visually-impaired customers such as Plaintiff, who need screen-readers, cannot fully and equally use or enjoy the facilities and services Defendant offers to the public on its Website."

ADA and Rehabilitation Act Claims

Delacruz claims that various failures by Fordham involving its website constitute a violation of Title III of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, as well as New York State civil rights laws.

Remedies

For remedies, Delacruz seeks an injunction requiring Fordham to take all steps necessary to make its website "readily accessible to and usable by blind individuals," as well as compensatory damages along with attorney fees.

Additional Information

Class action lawsuits regarding allegedly non-accessible websites have exploded in the past 24 months.