Download - Is Your Website ADA Compliant?
Is Your Website ADA Compliant?
© SilverTech, Inc. 2016
Introduction
Welcome to “Is Your Website ADA Compliant?” from SilverTech. We are a digital experience company. We specialize in helping our clients create valuable digital experiences for their customers.
Introduction
Website & Mobile Development, Digital Marketing & Strategy, User Experience (UX) Design, Salesforce Development & Integration, Marketing Automation, Application Development, and Managed Services & Hosting - all united by our Lead to Loyal™ approach.
Agenda
01. A Brief History of the Americans with Disabilities Act (ADA)
02. The ADA, Website Accessibility, and Lessons from Recent Cases
03. The World Wide Web Consortium (W3C) & Web Content Accessibility Guidelines (WCAG)
04. Accessibility is a Best Practice
05. Why Website Accessibility is Difficult to Maintain
P R E S E N T I N G
CONTENT MARKETING STRATEGIST
Ian HughesAs the main content writer for The SilverTech Blog and the host
of the Lead to Loyal™ podcast, Ian aspires to create content that resonates with SilverTech’s diverse audience of marketers
and technologists.
YOUR HOST
P R E S E N T I N G
ENGINEERING & UX MANAGER
Andrew EddyAndrew leads a team of experienced designers and front-end developers, all of whom give SilverTech its competitive edge.
Andrew’s extensive background in leading workshops and technical initiatives allows him to ensure that all of SilverTech’s designs are cutting edge and pushing industry norms in order to
deliver the most innovative user experience for our clients.
VICE PRESIDENT, GENERAL COUNSEL
Paul CremeWith over 30 years of experience practicing law, Paul utilizes his
extensive legal knowledge as SilverTech’s Vice President, General Counsel. With a primary focus on business and
corporate matters, Paul works with senior leadership to ensure that SilverTech is consistently pursuing strategic goals as well
as provides day-to-day contract review.
SILVERTECH’S EXPERTS
.01A Brief History of the Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA)
1990The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion.
2018
The Americans with Disabilities Act Amendments Act (ADAAA) was signed into law and became effective on January 1, 2009. The ADAAA made a number of
significant changes to the definition of “disability.”
The DOJ to issue regulations regarding website accessibility
2008
“The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.”
The ADA Amendments Act Final Rule
2016To add further clarity, the US Attorney General signed the ADA Amendments Act Final Rule on July 15, 2016 with an effective date of October 11, 2016.
“The question of whether an individual’s impairment is a disability under the ADA should not demand extensive analysis.”
● The definition of "disability" should be interpreted broadly. ● Major life activities now include the operation of major bodily
functions, such as functions of the neurological, digestive, or respiratory systems.
● Due to uncertainty about the meaning of "physical and mental impairments," the term is now illustrated with the additional examples of dyslexia and Attention-Deficit/Hyperactivity Disorder (ADHD).
KEY TAKEAWAY
“In other words, the person making a claim may not have to carry as heavy a burden to prove
their claim.”
Who Does The ADA Apply to?
Equal Employment Opportunity for Individuals with Disabilities● Private employers with 15 or more employeesTitle I
Title II
Title III
Nondiscrimination on the Basis of Disability in State and Local Government Services
● Public entities at state and local levels which includes both physical and programmatic access to all programs and services offered
Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities
● Businesses operating for the benefit of the public and non-profits
The ADA and Website Accessibility
Statement from the U.S. Department of Justice (DOJ)
“The inability to access web sites puts individuals at a great disadvantage in today's society, which is driven by a dynamic electronic marketplace and unprecedented access to information.” ● The ADA's expansive nondiscrimination mandate reaches the goods
and services provided by public accommodations using Internet web sites.
● Beyond goods and services, information available on the Internet has become a gateway to education, socializing, and entertainment
2015
Official guidance from the DOJ regarding website accessibility was due in 2016, but was delayed to focus on public websites covered under Title II.
Section 508 Amendment to the Rehabilitation Act of 1973
● Section 508 was enacted to eliminate barriers in information technology, to make available new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these goals.
● There is nothing in section 508 that requires private websites to comply unless they are receiving federal funds
● Commercial best practices include voluntary standards and guidelines such as the World Wide Web Consortium's (W3C) Web Accessibility Initiative (WAI).
Guidance is due in 2018 for private websites covered under Title III. In the meantime, website ADA compliance is being enforced on a case-by-case basis.
KEY TAKEAWAY
“It is a certainty that at some point you may want to make your website ADA compliant.”
.02The ADA, Website Accessibility, and Lessons from Recent Cases
National Federation of the Blind v. Target Corporation
● Target argued that the website was not a place of public accommodation
● "It is clear that the purpose of the statute is broader than mere physical access—seeking to bar actions or omissions which impair a disabled person's 'full enjoyment' of services or goods of a covered accommodation."
Key Takeaway: a website may be considered a place of public accommodation
National Ass’n of Deaf v. Netflix (2012)
● Netflix's "Watch Instantly" website was a public accommodation subject to the ADA even though Netflix has no physical place of public accommodation.
● "The ADA covers the services 'of' a public accommodation, not services 'at' or 'in' a public accommodation"
● The Netflix website may fit within at least one (if not more) of the categories listed in the ADA.
Key Takeaway: you may not need to have a physical location to be considered covered by the ADA
The DOJ-Peapod.com Settlement
● Settlement shows that the DOJ is looking closely at the accessibility of websites and mobile apps and remains aggressive in its enforcement efforts.
● At a minimum, the DOJ may require companies to comply with WCAG 2.0 Level AA standards.
Key Takeaway: the DOJ is not just looking at websites, but mobile applications and other online points of access. The DOJ may view AA guidelines as the appropriate standard.
KEY TAKEAWAY
“These recent cases may only be the beginning of the explosion of website accessibility cases.”
.03The World Wide Web Consortium (W3C) & Web Content Accessibility Guidelines (WCAG)
1994The World Wide Web Consortium (W3C) was founded in 1994 by Tim Berners-Lee, often credited as one of the founders of the World Wide Web.
2008
The Web Accessibility Initiative (WAI) and the World Wide Web Consortium (W3C) created the Web Content Accessibility Guidelines (WCAG).
Standards updated in WCAG 2.0, which has become an ISO International Standard for the web.
1999
“Since the beginning the Internet has been about granting inclusive access to information to as many people as possible.”
“Leading the Web to its Full Potential.”
WCAG 2.0 Principles of Accessibility - POUR
PerceivableInformation and user interface components must be presentable to users in ways they can perceive (e.g. alt tags that say what the item actually does, like ‘Submit form Button’).
● Provide text alternatives for non-text content● Provide captions and other alternatives for multimedia● Create content that can be presented in different ways● Including assistive technologies, without losing meaning● Make it easier for users to see and hear content
“The guidelines and Success Criteria are organized around the following four principles, which lay the foundation necessary for anyone to access and use Web content. Anyone who wants to use the Web must have content that are perceivable, operable, understandable, and robust, or POUR.”
WCAG 2.0 Principles of Accessibility - POUR
OperableUser interface components and navigation must be operable (e.g., you must be able to navigate the site using a keyboard as well as a mouse).
● Make all functionality available from a keyboard● Give users enough time to read and use content● Do not use content that causes seizures● Help users navigate and find content
“The guidelines and Success Criteria are organized around the following four principles, which lay the foundation necessary for anyone to access and use Web content. Anyone who wants to use the Web must have content that are perceivable, operable, understandable, and robust, or POUR.”
WCAG 2.0 Principles of Accessibility - POUR
UnderstandableInformation and the operation of user interface must be understandable, (e.g. error messaging on a form should make sense; instead of ‘Invalid field’ messaging, use ‘The Email field must be in a valid format’).
● Make text readable and understandable● Make content appear and operate in predictable ways● Help users avoid and correct mistakes
“The guidelines and Success Criteria are organized around the following four principles, which lay the foundation necessary for anyone to access and use Web content. Anyone who wants to use the Web must have content that are perceivable, operable, understandable, and robust, or POUR.”
WCAG 2.0 Principles of Accessibility - POUR
RobustContent must be robust enough so it can be interpreted reliably by a wide variety of user agents, including assistive technologies. In other words, don’t use tags or code that only certain browsers understand.
● Maximize compatibility with current and future user tools.
“The guidelines and Success Criteria are organized around the following four principles, which lay the foundation necessary for anyone to access and use Web content. Anyone who wants to use the Web must have content that are perceivable, operable, understandable, and robust, or POUR.”
WCAG 2.0 Guidelines Levels A, AA, AAA
● These guidelines are organized into three levels (A, AA, AAA) with similar types of accessibility features addressed in each, but AA having more, and AAA having most criteria to meet that level of accessibility standard.
● For most organizations, the objective is to satisfy Level AA guidelines, however, some government agencies and nonprofits who serve a larger impaired audience, may work toward satisfying the majority of Level AAA guidelines (WCAG states that it is likely not possible to conform to all AAA guidelines).
● Businesses do not have to comply to all listed criteria to meet conformance, only those that apply to their website and audience.
WCAG 2.0 Guideline Level AA
● Captions provided for audio content
● Transcripts provided for video content
● Content headings and labels are descriptive of topic or purpose
● Ability for the user to resize text up to 200 percent
● Navigation features are consistent
KEY TAKEAWAY
“Accessibility overlaps with other best practices such as mobile web design, device independence, multimodal interaction,
usability, design for older users, and search engine optimization (SEO).”
WC3
.04Accessibility is a Best Practice
Best Practices for Accessible Content
● Do not rely on color as a navigational tool or as the sole way to differentiate items
● Images should include Alt text in the markup/code; complex images should have more extensive descriptions near the image
● Functionality should be accessible through mouse and keyboard and be tagged to worked with voice-control systems
● Provide transcripts for podcasts● If you have a video on your site, you must provide visual access to the
audio information through in-sync captioning● Sites should have a skip navigation feature
“Case studies show that accessible websites have better search results, reduced maintenance costs, and increased audience reach, among other benefits.”
Granite State Independent Living
“As long as the site is planned and built with requirements in mind, it typically is not a big deal and is achievable to that level.”
Granite State Independent Living
“As long as the site is planned and built with requirements in mind, it typically is not a big deal and is achievable to that level.”
Granite State Independent Living
“As long as the site is planned and built with requirements in mind, it typically is not a big deal and is achievable to that level.”
Granite State Independent Living
“As long as the site is planned and built with requirements in mind, it typically is not a big deal and is achievable to that level.”
Granite State Independent Living
“As long as the site is planned and built with requirements in mind, it typically is not a big deal and is achievable to that level.”
Granite State Independent Living
“As long as the site is planned and built with requirements in mind, it typically is not a big deal and is achievable to that level.”
.05Why Website Accessibility is Difficult to Maintain
Maintaining WCAG Level AA Accessibility
● We find that although sites may conform to Level AA guidelines when they first launch, most companies do not have governance in place to maintain it over the long term.
● Due to powerful Content Management Solutions (CMS) making it easy for companies to update, add, and edit content on the fly without the help of developers, most websites are modified or enhanced by clients on a frequent basis by those who are not aware of accessibility requirements.
● This can quickly cause user frustration and can cause the site to no longer be ADA compliant.
Maintaining WCAG Level AA Accessibility
● We recommend that clients create site governance policies that list out requirements for all content types and site modifications.
● Additionally, the site should be audited on a regular basis either by a knowledgeable web development agency or a knowledgeable internal site owner.
● And, just as new ADA laws like this one come into effect, WCAG standards change on a regular basis as well.
● As technology advances make conducting transactions and making key decisions online one of the primary channels of business, staying on top of WCAG guidelines and auditing your website against the success criteria not only will make the experience better for all your users, but may also save you money due to potential litigation and fines.
KEY TAKEAWAY
“By making your website accessible, you are ensuring that all of your potential users, including people with disabilities, have a
decent user experience and are able to easily access your information. By implementing accessibility best practices, you
are also improving the usability of the site for all users.”
usability.gov
© SilverTech, Inc. 2016
ADA Website Accessibility Checklist
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SOURCES
Slide 8: https://adata.org/learn-about-ada “What is the Americans with Disabilities Act (ADA)?”Slide 9: https://www.ada.gov/regs2016/final_rule_adaaa.html “ADA Amendments Act Final Rule”Slide 11: https://adata.org/learn-about-ada “What is the Americans with Disabilities Act (ADA)?”
Slide 12: http://www.reginfo.gov/public/jsp/eAgenda/StaticContent/201510/Statement_1100.html “Department of Justice (DOJ) - Fall 2015”Slide 13: https://en.wikipedia.org/wiki/Section_508_Amendment_to_the_Rehabilitation_Act_of_1973 “Section 508 Amendment to the Rehabilitation
Act of 1973”Slide 16: https://en.wikipedia.org/wiki/National_Federation_of_the_Blind_v._Target_Corp. National Federation of the Blind v. Target Corp.
Slide 17: http://smallbusiness.jdsupra.com/post/tag/natl-assn-of-the-deaf-v-netflix “Does the ADA Apply to Netflix? Court Says Yes”Slide 18: http://www.chicagotribune.com/business/ct-peapod-justice-settlement-1119-biz-20141118-story.html Peapod settles charges over website
access for disabled customersSlide 21: https://en.wikipedia.org/wiki/World_Wide_Web_Consortium World Wide Web Consortium
Slide 22: https://www.w3.org/TR/WCAG20/ Web Content Accessibility Guidelines (WCAG) 2..0 Slide 26: https://www.w3.org/TR/UNDERSTANDING-WCAG20/ Understanding WCAG 2.0
Further articles for reference:Wuhcag. https://www.wuhcag.com/ “Web accessibility for developers”
VIEO Design https://www.vieodesign.com/blog/what-is-ada-website-compliance “What is ADA Website Compliance?Financial Brand https://thefinancialbrand.com/55509/ada-compliance-for-banking-websites/
Interactive Accessibility https://www.interactiveaccessibility.com/ada
