Web accessibility is the inclusive practice of removing obstacles that impede persons with impairments from interacting with or using websites. What’s it all come down to, in simpliest terms?
All users have equal access to information and functionality on websites when they are properly designed, built, and edited.
A website complies with all Section 508 and WCAG 2.0 requirements if it’s completely ADA compliant. This includes all HTML or web content, as well as any Microsoft Word, Excel, PowerPoint, or PDF documents that are posted to the website or websites that are linked to meet these standards.
Regardless of whether they’re commercial, nonprofit, or governmental, all organizations need to explain why they are spending money or effort on a particular project.
But beyond the legal requirements and complexities, consider this from the perspective of a business owner.
Don’t you want EVERYONE who’s interested in your product or service to be able to purchase it from you?
That’s just good business!
According to the proverb, like birds of a feather, flock together. Fortune 100 firms prefer to practice disability inclusion as a part of their entire diversity strategy; therefore, the adage remains true for them.
Although it’s not fully apparent whether these businesses’ results were a direct result of including people with disabilities, we do know that successful people frequently follow a similar routine.
Businesses are therefore better positioned to prosper in our increasingly connected and civically engaged society when they plan for accessibility.
Here are some details to assist you to improve user experience and ADA compliance, while also enabling you to develop a quality policy framework for web accessibility.
Understanding the Relationship Between ADA and Websites
The history of the ADA’s interaction with websites is convoluted and frequently unclear.
Even after multiple changes in the much more web-oriented era of 2008, the ADA does not specifically address online compliance. Without any explicit legal protection, it’s typically up to the courts to decide whether ADA rules should be applied to websites.
Every owner, lessor, or operator of a “place of public accommodation” is required by Title III of the ADA to grant users who fulfill the ADA’s requirements for disability equitable access.
One could reasonably assume that this term includes websites given that 1.66 billion individuals made purchases online in 2017, however, there’s a surprising degree of legal ambiguity.
Commercial websites are now considered places of public accommodation by several American courts, making them governed by ADA guidelines.
In other cases, it has been determined that websites are subject to ADA laws if there’s a close “nexus” between the website and a physical location like Walmart.com, for example.
The most well-known illustration of this is the judgment against the Winn-Dixie supermarket chain for failing to make its website accessible to users with low vision.
Other courts have ruled that the ADA does not provide any protections for online users as written. Since there are no comprehensive federal regulations in existence, it’s challenging to say with certainty whether any specific website is subject to ADA accessibility regulations.
The United States lately seemed to be moving toward adopting more stringent accessibility guidelines, which would only complicate the situation more.
The set of rules known as WCAG 2.0 Level AA, which serves as the foundation for online accessibility regulations in most of Europe and many other countries around the world, would’ve required federal websites to meet certain standards if they had been in place when the regulations were set to take effect in January 2018.
However, as part of a broader push toward deregulation, the current administration has removed this provision, leaving the ADA’s online forms as hazy as ever.
Are All Websites Required to Comply with ADA?
The answer, as you’ve probably guessed by now, is no because it’s incredibly unclear how or even if ADA regulations will be applied to any specific website.
Still, it’s wise to take extra precautions wherever possible.
The number of accessibility-related lawsuits brought against websites has increased dramatically in recent years, and many states have passed their accessibility legislation.
In these lawsuits, plaintiffs have had more success than ever before.
For most businesses, it probably isn’t worthwhile to bet that a court would find in their favor because there are no clearly established regulations to follow.
How then can you determine if your website complies with accessibility standards in the absence of a clear set of rules to follow? The aforementioned WCAG 2.0 Level AA criteria are the best possible measurement.
We’ll get into that in the next article!
Since 1999, the European Union and other nations have used the most recent version of the WCAG standards, which went into force in the spring of 2018.
Although WCAG is a list of suggested actions rather than binding regulation, it serves as the foundation for many internet accessibility laws around the globe and provides a solid guide for any American company aiming to ensure equitable access for all users.
Relationship Between the Law and Web Accessibility
Lawsuits involving online accessibility have significantly increased in recent years, with plaintiffs arguing that they’re unable to access websites because they are incompatible with assistive technologies. Plaintiffs typically point to ADA Title III violations in these situations.
The ADA applies to websites.
Title III of the ADA has been construed by the U.S. Department of Justice to include websites as places of public accommodation, while Title I of the ADA mandates compliance by firms with 15 or more employees.
A fully accessible website is not susceptible to receiving a demand letter alleging ADA breaches.
How can you reduce your legal risk?
You’ll need to take two main actions:
- Evaluate your present level of compliance and run a website usage accessibility audit.
- Use a high-level online accessibility solution right away to address your ADA compliance challenges.
What Are The Levels of Web Content Accessibility? Which Applies To My Website? What's The Minimum Level of Conformance?
