According to the DOJ, “Being unable to access websites puts individuals with disabilities at a great disadvantage in today’s society.” With these words in mind, the DOJ has rapidly adopted the role of web accessibility enforcer. A failure to make digital content, including websites, accessible to all individuals regardless of their emotional, physical, or mental disabilities, can result in hefty fines and class action lawsuits. In short, the DOJ is dedicated to making sure that individuals with disabilities have the same equal access to the benefits that are available online. Creating equal access is only possible if organizations a) understand the requirements of web accessibility, b) know that web accessibility is an obligation under the ADA, and c) make web accessibility a priority. The value that awaits when organizations adhere to digital accessibility laws can be measured in more than dollars and cents.
Most recently, however, pizza chain Domino's has been brought under suit for their website not being accessible for specialty ordering. The U.S. Supreme Court refused to review the case, instead upholding the decision of the 9th U.S. Circuit Court of Appeals who said the “alleged inaccessibility of Domino’s website and app impedes access to the goods and services of its physical pizza franchises—which are places of public accommodation.”
State and local governments: in determining whether a particular aid or service would result in undue financial and administrative burdens, a title II entity should take into consideration the cost of the particular aid or service in light of all resources available to fund the program, service, or activity and the effect on other expenses or operations. The decision that a particular aid or service would result in an undue burden must be made by a high level official, no lower than a Department head, and must include a written statement of the reasons for reaching that conclusion.
We not only referenced the ADA’s requirements while building the website, but also sat down one-on-one with users who are blind to see how they navigated the site. These individual sessions were invaluable and provided more insights than just the law’s basic requirements. Instead of making assumptions about how these users would interact with the site, we took the time to observe their real interactions and used that data to formulate new features.
The Americans with Disabilities Act (ADA) was first passed in 1990. Twenty years later, the US Department of Justice released an update called the 2010 ADA Standards for Accessible Design. These standards cover the design of physical spaces and have been interpreted to include web locations as well, so it can be difficult for the would-be accessible website designer to use them.

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.

Distinguishable: To assist color-blind users and those with other visual impairments, color is never used as the sole means of conveying information or prompting the user. Audio lasting more than 3 seconds can be paused, or the volume can be controlled independently of the system volume. Regular text has a contrast ratio of at least 4.5:1, and large text has a contrast ratio of at least 3:1. In addition, text can be resized up to 200 percent without causing issues with the website.

Real-time captioning (also known as computer-assisted real-time transcription, or CART) is a service similar to court reporting in which a transcriber types what is being said at a meeting or event into a computer that projects the words onto a screen. This service, which can be provided on-site or remotely, is particularly useful for people who are deaf or have hearing loss but do not use sign language.
The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).

We not only referenced the ADA’s requirements while building the website, but also sat down one-on-one with users who are blind to see how they navigated the site. These individual sessions were invaluable and provided more insights than just the law’s basic requirements. Instead of making assumptions about how these users would interact with the site, we took the time to observe their real interactions and used that data to formulate new features.


When the Americans with Disabilities Act (ADA) was first passed in 1990, the internet had yet to take off. However, the ADA has realized the importance of including online spaces within its parameters. If your business is considered a ‘place of public accommodation,’ then your website must be ADA compliant. Multiple rulings from judges have set legal precedent that websites must be accessible and are at risk of heavy fines and penalties when they are found not compliant. Winn-Dixie is the latest business to learn this the hard way.

Penn in particular nearly made the cut because I really like their keyboard accessibility. It amazes me how few sites provide visible indication of keyboard focus, when it's incredibly simple to achieve (just add a style for a:focus in your style sheet). Penn did this, and consequently it's very easy for sighted keyboard users to keep track of their position as they tab through the page. They also included a keyboard-accessible dropdown menu. However, there are some dynamic features on the Penn home page that really need ARIA markup for full accessibility. They also have a few contrast problems, most notably their slideshow navigation, which is red-on-red:
Eric Kazda is a leading expert in the interactive development industry with over fifteen years of experience. With a mastery of critical development technologies, Eric has crafted innovative award-winning work for clients both large and small. Coupling this knowledge with a real world understanding of usability and technological feasibility, his work is developed to be accessible by every user.
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.
×