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.
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The guidelines are broken down by four main principles: perceivable, operable, understandable, and robust. Under each principle, there are guidelines that provide specific goals a website should work toward. Under each guideline, there are testable success criteria. Those criteria are graded A, AA, or AAA. This grade shows the level of conformity to accessibility, AAA being the highest. The law only requires A and AA guidelines to be met.
The situation has now emboldened many people. She is dealing with tons of demand letters going out across the country. Businesses have been caught off guard because they thought they had time to deal with this and become compliant, and now the Justice Dept. basically says they have to be compliant now. As soon as they deal with one plaintiff, another comes along.
An example is Patagonia Works, Inc. which had a complaint for a permanent injunction filed against it in the United States District Court stating, Under Section 302(b)(1) of Title III of the ADA, it is unlawful discrimination to deny individuals with disabilities an opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages or accommodations, which is equal to the opportunities afforded to other individuals. 42 U.S.C. 12182 (b)(1)(A)(ii). Below is a summary of what the lawyers asked the court for.
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.
"The United States demands that H&R Block is fined a penalty to 'vindicate the public interest' and to award money to the individuals who sued the company. The ADA prohibits discrimination of disability by public accommodations in the 'full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations,'" the Justice Department said in joining the lawsuit.
Because of this, among the greatest drivers of website accessibility are usability improvements and the reputation boost that it brings—or, alternatively, the lost business that organizations want to avoid as a result of inaccessible websites. According to a survey by the National Business Disability Council at the Viscardi Center, 91 percent of customers say that they’d prefer to shop at a website that prioritizes accessibility.
An accessible and ADA compliant website has the potential to increase your sales by over 20%. The market segment of persons with a disability is very loyal to businesses and websites that make legitimate efforts to increase their quality of life. Your businesses social media presence can also be improved as visitors share their favorable interactions with your businesses. Offering your business a significant and fiercely loyal revenue stream.
A one of a kind plug-in, WP ADA Compliance Check Basic does just that – checking WordPress websites for ADA compliance. There are two ways to use it. First, you can schedule a whole-site scan to find out any ADA compliance issues. Secondly, you can set it to run every time new content is published. When set this way, the plug-in will identify and report on any ADA compliance issues found in the new content as well as recommend possible solutions. The full version even corrects some of the uncovered issues automatically.
Navigable: Content that’s repeated on multiple pages can be easily skipped. All pages have informative titles, headings, and labels that describe the page’s content and hierarchy. Navigating the page must take place sequentially, in a meaningful order that preserves relationships on the page. All link text is descriptive in order to make clear where the link will take users. If users are navigating via a keyboard, the current focus of the keyboard is always highlighted and visible.
This past September marked the first time a judge ruled that the ADA applies even to businesses without a physical location. Scribd, an e-book subscription service is considered to provide "a place of public accommodation." Their services are not accessible to blind persons because they cannot be read with a screen reader. The judge reasoned, "Now that the Internet plays such a critical role in the personal and professional lives of Americans, excluding disabled persons from access to covered entities that use it as their principal means of reaching the public would defeat the purpose of this important civil rights legislation."
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).
I should mention one caveat to all of this. Businesses that are required to comply but don't have the ability to bring their websites into compliance can provide an accessible alternative to provide the same information, goods, and services that they provide online, like a staffed phone line. The trick, however, is that this option has to provide at least equal access, including in terms of hours of operation. And, as we know, the internet is around 24/7, so good luck with that.