Being one-third of the way into 2019, we opted to follow up on the 2018 discussion we had regarding ADA Website Compliance. Per last year, making sure your website is ADA compliant is significant in offering an equal opportunity for everyone to experience the products and/or services your business offers. An ADA compliant website also help prevent lawsuits and potential government action.
When you insert an image into a post or page, consider providing a rich description for the caption that will improve the reading experience for everyone, but especially folks who can’t see the image. Be creative. Instead of “My son on his swing,” try “My son is playing on his favorite swing. His face is filled with pure joy on a beautiful Spring day. Perfection.” The goal here is to convey the feeling of the image.
The Justice Dept. said it would issue new regulations, so most businesses waited to see what they would say. However, Vu believes it will be a while before the new regulations are released because of what the Justice Dept. said in a recent case. MIT and Harvard were sued over captioning of videos, and the schools wanted the judge to stay the case until the new regulations were released. The Justice Dept. told the judge not to stay the case because the new regulations could take a while to be released.
For people who are blind, have vision loss, or are deaf-blind, this includes providing a qualified reader; information in large print, Braille, or electronically for use with a computer screen-reading program; or an audio recording of printed information. A “qualified” reader means someone who is able to read effectively, accurately, and impartially, using any necessary specialized vocabulary.
The U.S. Department of Health and Human Services (HHS) also enforces Title II of the ADA relating to access to programs, services and activities receiving HHS federal financial assistance. This includes ensuring that people who are deaf or hard-of-hearing have access to sign language interpreters and other auxiliary aids in hospitals and clinics when needed for effective communication.

Camacho is a blind resident of Brooklyn, NY. He is currently making headline news for taking 50 colleges to court under ADA lawsuits. Camacho filed lawsuits regarding website accessibility for all 50 of the colleges. The plaintiff uses a screen-reader but experienced a barrier when trying to access information. The majority of colleges being taken to court are private, including Cornell and Vanderbilt to name a couple.


Both sites support multiple languages (English and Spanish), and both include lang="es" on the element of the Spanish pages. However, on the CDC site, in addition to lang="es" the element has xml:lang="en". This potentially sends mixed messages to screen readers (is this web page in Spanish or English?) JAWS 13 seems to honor lang rather than xml:lang but I don't know about other screen readers.
Video relay service (VRS) is a free, subscriber-based service for people who use sign language and have videophones, smart phones, or computers with video communication capabilities. For outgoing calls, the subscriber contacts the VRS interpreter, who places the call and serves as an intermediary between the subscriber and a person who uses a standard voice telephone. The interpreter tells the telephone user what the subscriber is signing and signs to the subscriber what the telephone user is saying.
Luckily, the international nonprofit World Wide Web Consortium (W3C) brings together smart people who develop open standards to ensure the long-term growth of the Web. They produce recommendations for making websites fair and equally accessible for the highest number of people possible. Their Web Content Accessibility Guidelines (WCAG) 2.1 offer clear guidance for web developers to achieve ADA compliance.
Complying with ADA provisions will cost you time, money, and human effort. Based on the audit results, you will know accurately the amount of time, human effort, and money you need to invest in compliance. Armed with these facts, you can start budgeting for the above three forms of cost—time, money, and human effort. This will require a clear roadmap.
Automated testing is the first step toward determining if your website is accessible to people with disabilities, including those using assistive technologies like screen readers, screen magnifiers, switch controls, and others. The free testing tools on this website will give you an idea of whether your website is compliant with laws like Section 508, the Americans with Disabilities Act (ADA), and the 21st Century Communications and Video Accessibility Act. If you find you have many violations, Level Access has experts that can help you reduce your legal risk.
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.

These statistics are especially important when you consider the potential spending power of people with disabilities. Unfortunately, if the website isn’t accessible, then it is excluding more than 60 million Americans14. Additionally, 71 percent of customers14 with disabilities will instantly leave the site if it does not meet their accessibility needs. Another 80 percent of customers14 with disabilities have stated that they will spend more on a website that has improved accessibility features. Fortunately, if you follow Web Content Accessibility Guidelines (WCAG)7, then you can appeal to millions of individuals who want to enjoy the same online experiences as their friends, family, and neighbors. Giving them the chance is not only right, but it is also in accordance with ADA regulations.
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.
You can test specific themes for compliance with these guidelines using a tool such as the WAVE Web Accessibility tool.  For sites that require 100% compliance, we recommend testing your theme of choice using the demo page for the theme, for example Twenty Fourteen. We also recommend using Header Text (displaying the Site Title), rather than a Header Image, as some WordPress.com themes will not provide AltText and therefore generate an error in the accessibility tool when a Header Image is set.
You can test specific themes for compliance with these guidelines using a tool such as the WAVE Web Accessibility tool.  For sites that require 100% compliance, we recommend testing your theme of choice using the demo page for the theme, for example Twenty Fourteen. We also recommend using Header Text (displaying the Site Title), rather than a Header Image, as some WordPress.com themes will not provide AltText and therefore generate an error in the accessibility tool when a Header Image is set.

You probably won't have to check your site with all of the available evaluation tools out there, but it is a good idea to do so for the most common web browsers. Just as accessibility software makes it easier for people with disabilities to navigate the Internet, these tools make it easier for developers to ensure accessibility from the start. When you think you've mastered it, go back through the Section 508 compliance checklist to ensure you've met every goal.

The 2014 case involving Peapod, an online grocery retailer emphasizes that being ADA compliant goes beyond your website. The settlement required Peapod to make its mobile applications accessible by March 2015 and its website accessible by September 2015. Since mobile apps are fast becoming the preferred method of online shopping, e-commerce sites must focus on app accessibility too. 
Every year numerous lawsuits are taken against businesses that fail to follow the ADA’s proposed requirements for web accessibility. This failure occurs because organizations, including state and local government entities, fail to read the ADA Best Practices Tool Kit.8 They also do not follow the most up to date version of the WCAG.9 These two failures are not only detrimental to people with disabilities who want to effectively browse the web, but they are also inexcusable in today’s digitally driven world.
“The idea of equal access, equal opportunity has sort of evolved in its application from brick and mortar to eCommerce. At first, many companies were worried about the desktop experience. Now, the concern extends to both smart phones and devices.  Wherever a consumer accesses your content – whether it be directly through the web or an app – you need to be concerned about accessibility.”
This plug-in has been around for some time. Recently they were even advising users to uninstall the old version and install a new one. The new version comes with Skip menus, a button to reset font size, a Skip link inside the accessibility sidebar, and a DOM scanner that automatically checks pages and published posts for accessibility errors such as issues in image ALT, titles, and links. Contrast adjustment, color filters, lights off mode, and link highlighting are the other standout features.
When choosing an aid or service, title II entities are required to give primary consideration to the choice of aid or service requested by the person who has a communication disability. The state or local government must honor the person’s choice, unless it can demonstrate that another equally effective means of communication is available, or that the use of the means chosen would result in a fundamental alteration or in an undue burden (see limitations below). If the choice expressed by the person with a disability would result in an undue burden or a fundamental alteration, the public entity still has an obligation to provide an alternative aid or service that provides effective communication if one is available.
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