Reha opened the session by asking everyone to imagine they’re on a train platform, heading home from work, thinking about the great day they had and the presentation they knocked out of the park. They’re toying with their coffee cup, waiting for the train, when all of a sudden, a man walks up, puts a $5 bill in the cup, says “God bless,” and walks away.
Today, however, the landscape is completely different at the Dept. of Justice. In 2001, Target was sued by the National Federation of the Blind over its web site. Target said the ADA didn’t cover web sites but was told by a judge that they were liable because they were connected to a brick and mortar business. If a company isn’t tied to a brick and mortar business, however, the courts are still split on that issue regarding ADA coverage.
In court, Netflix tried to argue that websites should not be part of ADA compliance regulations, as there is no physical structure / location. They also argued that websites should not be in scope of ADA as there is no public component (the original ADA compliance law specifically called out that ADA rules apply primarily to services, locations, and products that are supposed to be open to the public).
Hi Ashley, Thanks for the feedback. However, I respectfully disagree about JAWS. There was a time many years and versions ago when screen readers didn't support id attributes as targets, but that's no longer true. I just tested my site with JAWS 14 in both IE9 and Firefox 17. In both browsers JAWS identifies the link as "Same page link Skip to main content", then if I click on that link using the left mouse button I jump directly to the "main region", and a couple of down arrows later I'm on the main heading. I actually wrote an earlier blog post about this very topic.
Use the Outline button on the WAVE toolbar to see if the web page has a halfway decent, logical heading structure. I was pleased to see that each of the 130 sites used HTML headings, but several sites had heading creep. Screen reader users benefit tremendously from good heading structure, but if a web page has too many headings, this offsets the benefits, and some of these sites have several dozen headings. If everything is a heading, nothing is a heading.
A critical and often overlooked component of ensuring success is comprehensive and ongoing staff training. Covered entities may have established good policies, but if front line staff are not aware of them or do not know how to implement them, problems can arise. Covered entities should teach staff about the ADA's requirements for communicating effectively with people who have communication disabilities. Many local disability organizations, including Centers for Independent Living, conduct ADA trainings in their communities. The Department’s ADA Information Line can provide local contact information for these organizations.

The ADA itself holds different organizations to more/less stringent standards based on a host of factors, government funding being a major one. Government agencies themselves are usually held to the most severe standards. That said, while ADA has adopted WCAG as the defacto standard, from what I’ve seen it appears they’re going with AA compliance as the most reliable one. That said, we’ve done work with some organizations who’ve chosen to comply with AAA in an effort to be as buttoned up as possible from an accessibility and experiential perspective. We’ve also worked with some who have tighter budgers and aim for level A compliance and have a more “react and repair” mindset when they discover anything in their site that is giving someone hardship from an accessibilirt standpoint.
The ADA requires that title II entities (State and local governments) and title III entities (businesses and nonprofit organizations that serve the public) communicate effectively with people who have communication disabilities. The goal is to ensure that communication with people with these disabilities is equally effective as communication with people without disabilities.
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