Vermont lets a disabled customer sue a business directly, without going to the Human Rights Commission first, for compensatory and punitive damages plus attorney's fees; the Commission can also seek up to $10,000 per violation. On top of that, the federal ADA applies in Vermont as everywhere: a business that loses or settles a website accessibility suit pays the plaintiff’s attorney’s fees.
The law
The federal baseline
ADA Title III gives a private plaintiff no money damages, but a business that loses or settles pays the plaintiff’s attorney’s fees (42 U.S.C. § 12205 (opens in a new tab)). That fee-shifting is what makes a website claim expensive, in Vermont and everywhere else.
Lawsuits in Vermont
The lawsuit tracker has no indexed court records from Vermont yet.
Questions
Can a business in Vermont be sued over an inaccessible website?
Yes. The federal ADA applies in every state, and a plaintiff can sue in federal court for an order to fix the site plus attorney's fees. Under Vermont law a person can sue the business directly. We found no court decision applying Vermont law to a website.
What is the minimum a Vermont court awards for a website accessibility violation?
Vermont law sets no fixed minimum per violation. Vermont lets a disabled customer sue a business directly, without going to the Human Rights Commission first, for compensatory and punitive damages plus attorney's fees; the Commission can also seek up to $10,000 per violation.
Do I pay the plaintiff's lawyer if I lose or settle in Vermont?
Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). Vermont law also provides for attorney's fees.
Which accessibility standard should a Vermont business website meet?
The ADA doesn't name a technical standard for businesses. The Justice Department's 2022 guidance points to the Web Content Accessibility Guidelines (WCAG), and its 2024 rule for state and local governments adopted WCAG 2.1 Level AA.