Tuesday, May 16

What is Web Accessibility?

The practice of designing and developing websites that are accessible to everyone, including people with disabilities.

Must be able to easily navigate and use websites, just like everyone else

Why is Web Accessibility Important?

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Moral and ethical obligation

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In many countries, including the United States, web accessibility is mandated by law

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Failure to comply with regulations can lead to significant legal and financial consequences

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Why is Web Accessibility Important?

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It’s the right thing to do

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For people with disabilities, the Internet is an essential tool for communication, education and social interaction

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By making websites accessible, we can help level the playing field and promote inclusivity

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Ensures that everyone, regardless of ability, can access the same information and services online

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What Laws Require Websites to be Accessible?

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Americans with Disabilities Act (ADA)

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In recent years, many, if not all, services have moved online

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People rely increasingly on websites for all aspects of daily living

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Specifically, Title III of the ADA applies to “businesses that are open to the public” (aka “public accommodations”)

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A business open to the public includes within its definition a website open to the public

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Examples of Online Services

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• Obtaining voting information
• Finding up-to-date health and safety information
• Looking up public transportation schedules
• Finding restaurant menus and ordering food
• Booking flights, hotels, and rental cars
• Making an appointment at the DMV
• Ordering wine/joining a wine club/making a tasting reservation

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• FULL AND EQUAL ENJOYMENT to people with disabilities of:
• Goods
• Services
• Facilities
• Privileges
• Advantages
• Accommodations

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Website Barriers

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Unnecessary barriers make it difficult or impossible for people with disabilities to use websites (just as physical barriers like steps can prevent them from entering a building)

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Barriers can and should be prevented or removed so that websites are accessible to people with disabilities

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AND so you can avoid costly lawsuits/settlements

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Barriers keep people with disabilities from accessing information and programs that businesses make available to the public online

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Auxiliary Aids and Services

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Businesses open to the public must take steps to provide appropriate communication aids and services where necessary

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DOJ: consistently taken the position that ADA requirements apply to all goods, services, privileges or activities offered by public accommodations, including those on the web

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For websites, this means different auxiliary aids and services

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Can include, but are not limited to, interpreters, notetakers, captions or assistive listening devices

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Compliance Standards

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• Businesses have flexibility in how they comply
• Existing technical standards provide helpful guidance
• Web Content Accessibility Guidelines (WCAG)
• Section 508, used by the federal government for its own websites

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WCAG

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• Original WCAG 1.0 released in May of 1999
• DOJ, lawyers, and webmasters used WCAG standards as the main point of reference for digital accessibility standards
• Provides in-depth, dynamic & comprehensive guidelines that any website can follow, adhere to and implement
• Latest version is WCAG 2.2 (WCAG 3.0 expected soon)
• Different levels of WCAG (A, AA, and AAA)
• A: most basic, AAA: most comprehensive, ultimate standard

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What Can You Do?

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• Design websites with accessibility in mind from the beginning
• Clear, descriptive text
• Alternative text for images
• Headings and subheadings
• Navigation using a keyboard alone is possible
• Accessible design elements (high-contrast colors, captions, or transcripts for videos)
• If you haven’t done this, hire an outside company to test and make recommendations

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• Plaintiff’s attorneys working with professional plaintiffs
• Target businesses that are not in compliance, sometimes small businesses
• Demand letters
• Settlements
• Litigation

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Legal Ramifications

• Rite Aid Corporation
• The DOJ reached an agreement with Rite Aid Corporation to address accessibility barriers in Rite Aid’s COVID-19 Vaccine Registration Portal

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Sample Cases

• Teacher’s Test Prep, Inc.
• The DOJ reached an agreement with Teachers Test Prep, Inc. regarding complaints that the test prep company’s online video courses did not provide captions and were inaccessible to people who are deaf.

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Sample Cases

• HRB Digital and HRB Tax Group (H&R Block)
• The DOJ reached an agreement with H&R Block to address claims that the company failed to code its website wo that individuals with disabilities could use assistive technology such as screen reader software, refreshable Braille displays, keyboard navigation, and captioning.

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Sample Cases

• Peapod
• The DOJ reached an agreement with Peapod to address claims that its online grocery delivery services were not accessible to some individuals with disabilities.

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Sample Cases

Conclusion

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Web accessibility is crucial for promoting inclusivity & ensuring that everyone has equal access to information & services online

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Also, for protecting your business from plaintiff’s attorneys

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Thank you!

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By designing our websites with accessibility in mind, we can not only comply with legal requirements, but also create a more inclusive and equitable online experience for all.

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