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.
The landscape of disabled access litigation related to online services has significantly changed and expanded over the past decade. Initially, the internet was an area of little concern as courts uniformly held that the ADA applied to "brick and mortar" facilities, not to cyberspace. This has changed and online accessibility is presently, and will continue to be, an area of significant investigation and litigation.
For discussion’s sake – while I don’t know the specific nature of your videos, my guess is that they might be demonstrating various techniques or other content in which simply hearing the audio of the video wouldn’t deliver the full context of the content. If making that content accessible is something you’d want to do, you’d likely want to start with a written description of what takes place in the video. Beyond that, high contrast vector images or diagrams showcasing specific parts of the technique would certainly help.
Read our case study of VisionCorps, ‘The Importance of ADA Website Compliance,’ to realize first-hand the impact an accessible website can have, and see real-world examples of ADA website compliance. VisionCorps’ total page views increased 157.64% after redesigning their website to be ADA compliant. Get more facts and figures by reading the case study now.
If the user selects this button, the page is read aloud while text is highlighted. This is powered by ReadSpeaker, which I think is a really cool product. It provides improved accessibility to a vast audience of people who might not otherwise have their own assistive technology, such as people who are not native to the language of the page, or people with dyslexia or other reading challenges.
The ruling references the Web Content Accessibility Guidelines (WCAG) 2.0 created by the W3C’s Web Accessibility Initiative. The World Wide Web Consortium (W3C) describes itself as “an international community where Member organizations, a full-time staff, and the public work together to develop Web standards.” The complete Web standards for ADA accessibility can be found here.
Finally, WA11Y is another top ADA compliance plug-in to consider. A toolbox of resources to help you meet most ADA compliance needs, the plug-in packs multiple accessibility tools, each with a unique purpose. Tota11y, the first tool in the box, for instance, annotates all elements of your web pages and identifies any accessibility issues. Another tool in the box, WAVE, performs a detailed accessibility analysis of each page and provides printable reports. Then, you have FILTERS which is used to modify data within Wa11y.
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.