Massachusetts Institute of Technology is seeking approval to pay $1,000,000+ in attorneys’ fees to settle a putative class action alleging MIT’s website was inaccessible to people with hearing difficulties. See Nat’l Assoc. of the Deaf et al. v. Mass. Inst. of Tech., 3:15-cv-30024-KAR (D. Mass. filed Feb. 12, 2015). This comes just months after Harvard University preliminarily settled a nearly identical lawsuit for $1.575 million. See Nat’l Assoc. of the Deaf et al. v. Harvard Univ., 3:15-cv-30023-KAR (D. Mass. filed Feb. 12, 2015). Neither university admits liability or wrongdoing in the settlement agreements.
The complaints alleged each university lacked adequate closed captioning of videos and audio tracks on publicly availably websites in violation of Title III of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. They alleged the lack of captioning hindered the ability of individuals with hearing difficulties to fully and equally enjoy the services and goods offered to the public via the websites. The complaints alleged that closed captioning of such content was a reasonable accommodation. After motion practice, the courts agreed these allegations constituted viable claims under Section 504 and the ADA, and the parties proceeded into discovery before settling.
In the settlement agreements, the universities promised to: Continue reading “Million Dollar Settlements of Closed Captioning Website Accessibility Lawsuits Highlight Need for Dual Approach”