Plaintiff
- Name: Brian Fischler
- Filing date: February 11, 2021
- State of filing: New York
Defendant
- Name: Give Legacy, Inc.
- Website: www.givelegacy.com
- Industry: Medical
- Summary: Give Legacy, Inc. is a fertility science corporation offering male fertility services, sperm analysis, cryogenic sperm storage, and related services.
Case Summary
On February 11, 2021, Brian Fischler filed a Complaint in New York Federal court against Give Legacy, Inc.. Plaintiff Brian Fischler alleges that www.givelegacy.com is not accessible per the WCAG 2.1 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Lack of alt-text for images. Numerous pages lack alt-text, including: https://www.givelegacy.com/employers/
https://www.givelegacy.com/for-military/ https://www.givelegacy.com/how-it-works/ https://www.givelegacy.com/male-fertility-supplements/ - Label elements are blank.
- Pages like title attributes Without a title, screen readers read out the frame filename, which is meaningless to the reader.
- Buttons are unlabeled. This occurs on numerous pages, including https://www.givelegacy.com/science/
https://www.givelegacy.com/sperm-analysis/ https://www.givelegacy.com/sperm-dna-fragmentation/ https://www.givelegacy.com/sperm-freezing/ https://www.givelegacy.com/sperm-improvement-guide/ https://www.givelegacy.com/sperm-quality/ line 733 - Approximately 20 pages have duplicate IDs.
- About 15 pages have markup errors, including
https://www.givelegacy.com/ line
https://www.givelegacy.com/about/ - Headings are not nested correctly. This occurs on about 20 pages.
- Headings are empty.
- Links lake text to explain their purpose. For example, For this page: https://www.givelegacy.com/resources/legacy-report-future-of-fatherhood- part-3/ the text is “ here”
- Several links on the same page share the same link text but go to different destinations.
Plaintiff asserts the following cause(s) of action in its Complaint:
- VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.
- VIOLATIONS OF THE NYSHRL
- VIOLATIONS OF THE NYCHRL
- DECLARATORY RELIEF
Plaintiff seeks the following relief by way of its Complaint:
A preliminary and permanent injunction to prohibit Defendant from violating Title III of the ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the requirements set forth in Title III of the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals
A declaration that Defendant owns, maintains and/or operates the Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
An order certifying the Class and Subclasses under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel
Compensatory damages in an amount to be determined by proof, including all applicable statutory damages, punitive damages and fines
Pre- and post-judgment interest
An award of costs and expenses of this action together with reasonable attorneys’ and expert fees
Such other and further relief as this Court deems just and proper.
