GNYADA February 2020 Newsletter

Lawsuits Target Dealership Websites

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Dealers don't want to waste time interviewing ineligible applicants – (who would hire a valet without a clean driving record?) and may be tempted to ask for a copy of an applicant's license to run a pre-check before interviewing them. Asking for documents before making a conditional job offer may be a costly mistake! Here's why – you may violate anti- discrimination laws by viewing the applicant’s license before meeting them in person. You may learn that they are a member of a protected category. If you learn protected GNYADA members, and dealers around the country are seeing first- hand the significant increase in law- suits claiming that the dealership websites violate the Americans with Disabilities Act (ADA) because they are not accessible to people with cer- tain disabilities. 2018 saw 2,285 of these lawsuits against retail websites – a threefold increase over 2017 – filed in federal courts in New York, Florida, California, Massachusetts, Pennsylvania, Texas, and Georgia. This increase is due, in part, to a 2017 ruling that a supermarket violated the ADA because sight-impaired cus- tomers could not adequately access the site. The court said that the super- market must meet the standards of the Web Content Accessibility Guidelines (WCAG) v.2.0. These guidelines can be found at: http://w3.org/TR/WCAG20/

information from the license, you cannot “un-see” or “un-know” it before interviewing the candidate. What should dealers do when hiring for a job position that requires a driver’s license? It is permissible to state that driving is required for the position. But you can avoid allegations that a hiring decision was wrongly based on any protected traits by not asking to see a driver's license before making a conditional offer, even if the position requires driving and your insurance company requires a clean driving record. These guidelines are not federal, so do not carry legal weight or provide safe harbor. However, there are no federal guidelines regarding website accessibilityso following the WCAG is the best option. NADA has been in contact with the U.S. Department of Justice to advo- cate for dealers on this issue, attempt- ing to clarify the responsibilities and accessibility standards of public-fac- ing websites. Dealers need to take website accessi- bility into consideration, and it is rec- ommended that dealerships discuss accessibility with their website ven- dors, OEMs, and legal counsel to reduce the potential for legal liability and costs. If you have questions about website accessibility or what to do if you are the target of such a lawsuit, call the Association at 718.746.5900.

What is an accessible website? Accessible websites can be used by anyone, regardless of ability or impairment (visual, hearing, mobility). What makes a website accessible? It can be controlled with a key- board only and has clear, con- sistent design (e.g., uncrowded layout, sufficient contrast and size of text and images, minimal slideshows and automatic video/audio).

21 Questions from the Field When Can I Ask Job Applicants for a Copy of Their Driver’s License?

What if the applicant does not have a valid license or clean driving record? You are not obligated to hire an applicant, even after making a conditional offer, if they do not have a valid license or clean driving record for a position that requires driving.

Greater New York Automobile Dealers Association • www.gnyada.com The Newsletter • February 2020 11