Covered entities are required to provide aids and services unless doing so would result in an “undue burden,” which is defined as significant difficulty or expense. If a particular aid or service would result in an undue burden, the entity must provide another effective aid or service, if possible, that would not result in an undue burden. Determining what constitutes an undue burden will vary from entity to entity and sometimes from one year to the next. The impact of changing economic conditions on the resources available to an entity may also be taken into consideration in making this determination.
While the U.S. Department of Labor's (DOL) Office of Disability Employment Policy (ODEP) does not enforce the ADA, it does offer publications and other technical assistance on the basic requirements of the law, including covered employers’ obligation to provide reasonable accommodations to qualified job applicants and employees with disabilities. For a quick overview of the ADA read “The Americans with Disabilities Act: A Brief Overview.”
People with disabilities are all around us. They live in every country and often experience life in a very different manner than those individuals who don’t have emotional, mental, or physical disabilities. In fact, 15 percent of the global population is classified as disabled. Of this 15 percent, an estimated 190 million people experience significant disabilities.¹
This guidance document is not intended to be a final agency action, has no legally binding effect, and may be rescinded or modified in the Department's complete discretion, in accordance with applicable laws. The Department's guidance documents, including this guidance, do not establish legally enforceable responsibilities beyond what is required by the terms of the applicable statutes, regulations, or binding judicial precedent.
It’s an important tool because Contact Form 7 isn’t so accessible by default. The plugin adds a selection of accessible form types to use as the basis for your new form. Note that it doesn’t affect pre-existing forms – just new ones. For existing forms, you’ll have to recreate them using the new templates. That’s why it’s recommended that you install this companion plugin on your site at the same time as Contact Form 7.
Hey OB – Disclaimer – none of this is legal advice and you’d want to check with a lawyer to know if you’re at risk for any action if you’re not ADA compliant. Based on what we’ve seen if you don’t have a physical retail or service location, and you don’t receive any funding from the government you likely aren’t required to have a website that would be considered compliant. Some people expect that to change in the next few years, but that’s what we know for now. Let us know if you have more questions or would like to test your site.
@Rick, I didn't specifically look at doctype, but Steve Faulkner did in his original article (see the link at the top of this post). He found that 101 of the 130 pages containing role="main" (78%) used the HTML5 doctype, which of course leaves 22% that didn't. I do recommend using ARIA even if using an earlier doctype. Validation is important, but if validation and accessibility conflict, I think most would agree accessibility should trump validation. Assistive technologies that support ARIA landmarks do so regardless of doctype, and otherwise the presence of these role attributes has no ill effects in any user agent.
VisionCorps’ mission is to empower individuals with vision loss to attain independence. They understood that accessibility to the programs and resources on their website was vital to the success of their mission. They partnered with our agency to design a website that would become the model for other businesses looking to create accessible web design for individuals who are blind or vision-impaired.
Two agencies within the U.S. Department of Labor enforce parts of the ADA. The Office of Federal Contract Compliance Programs (OFCCP) has coordinating authority under the employment-related provisions of the ADA. The Civil Rights Center (CRC) is responsible for enforcing Title II of the ADA as it applies to the labor- and workforce-related practices of state and local governments and other public entities. Visit the Laws & Regulations subtopic for specific information on these provisions.
If you do get sued, if you immediately remediate your website, you may be able to get the lawsuit dismissed on mootness (there’s no longer anything in dispute, i.e. plaintiffs are arguing your website is inaccessible but you’ve already made it accessible). This definitely does not mean you should wait to fix your website but it does mean you may have an out.
Reha asked Vu if companies are obligated to comply? Vu said that unlike the physical access world, where any new building has to be compliant no matter what, there’s no such thing in the web world. The Justice Dept. hasn’t said that that’s the default, but they have said that the current regulatory regime requires it anyway. Equal access has been around since 1990.
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