When’s the last time you thought about how accessible your website is to users who are blind or visually-impaired? Even though ADA website compliance is the law, many businesses have failed to update their websites to accommodate these users. Most recently, Winn-Dixie is in the news for failing to provide ADA compliant web design. A user who is blind was unable to use their site, filed a lawsuit, and a Miami judge ruled that Winn-Dixie violated the Americans with Disabilities Act. If your website is not currently accessible to the visually-impaired, it’s time to think about updating your site for compliance and user experience.
Higher search engine rankings is another potential benefit of voluntary compliance with the ADA. During your migration, an ADA specialist will audit it to detect and address usability challenges. These difficulties include the inability for search engine spiders to index your site easily. When you address such issues, your site will rank highly in search engines.
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).
People with disabilities are all around us. They live in every country and often experience life in a very different manner than those individuals who don’t have emotional, mental, or physical disabilities. In fact, 15 percent of the global population is classified as disabled. Of this 15 percent, an estimated 190 million people experience significant disabilities.¹
Predictable: Websites should operate in ways that are familiar and predictable. When a new page element is in focus, the website should not initiate a change of context such as opening a new window or going to a new page. In addition, the website should warn of user-initiated changes of context ahead of time, for instance through the use of a submit button. Navigation and labeling should remain consistent between different pages.

The large number of people who have disabilities, coupled with the challenges that they face, is one of the reasons that the Americans with Disabilities Act (ADA) was passed in 1990.² As its name suggests, the ADA is designed to protect individuals with disabilities in the United States. The ADA essentially makes it illegal for any government entity or business to provide goods and services to the general public without ensuring that the entities are accessible by people with disabilities. In today’s digitally driven world, many businesses fail to follow web accessibility best practices. In fact, this is why the Supplemental Advanced Notice of Proposed Rulemaking (SANPRM) was created by the U.S. Department of Justice (DOJ). To ensure that they are implementing digital accessibility best practices, organizations are encouraged to use the WCAG 2.1 technical requirements.³
Many deaf-blind individuals use support service providers (SSPs) to assist them in accessing the world around them. SSPs are not “aids and services” under the ADA. However, they provide mobility, orientation, and informal communication services for deaf-blind individuals and are a critically important link enabling them to independently access the community at large.
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.
The menu is fully keyboard accessible and contrast levels for text are kept well above the 4.5:1. This theme passes WCAG 2.0 AA standards out-of-box. On wordpress.org, Period is given the “accessibility-ready” tag. This is basically a reminder to users that while all design elements in Period pass accessibility standards, it’s up to the user to make sure their content is accessible too in order for their site to maintain its accessibility.
Vu said that she gets one question all the time: What are the legal standards? There is no legal standard, but there are guidelines out there: The Web Content Accessibility Guidelines (WCAG), version 2.0, with 3 levels of conformity: A, AA, AAA. They were put out by W3C. Companies can use those guidelines. The Justice Dept. uses the A and AA levels.
President George H.W. Bush signed the Americans with Disabilities Act into law July 26, 1990. The ADA prohibits discrimination of people with disabilities and guarantees the same opportunities as everyone else. These opportunities include employment possibilities, purchasing of goods and services and the ability to participate in State and local government programs.
The pressure is mounting to implement technology that more directly connects with residents, but balancing the shift to enable all citizens – including the approximately 19 percent with disabilities – can seem insurmountable. Beyond ensuring your organization is doing right your community, being in compliance with the Americans with Disabilities Act (ADA) or Section 508 standards is daunting – especially with the threat of a fine or lawsuit for non-compliance.
Attitudes toward digital accessibility have evolved over time. In 2010, the Justice Dept. said they would address the topic. They said the ADA covers web sites, including companies that don’t have brick and mortar presences. They said companies can comply with the law by offering an alternative means of access, so if a web site isn’t ADA compliant, they could offer 24/7 phone access as an example of alternative access.
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).
The menu is fully keyboard accessible and contrast levels for text are kept well above the 4.5:1. This theme passes WCAG 2.0 AA standards out-of-box. On wordpress.org, Period is given the “accessibility-ready” tag. This is basically a reminder to users that while all design elements in Period pass accessibility standards, it’s up to the user to make sure their content is accessible too in order for their site to maintain its accessibility.
The U.S. Department of Transportation enforces regulations governing transit, which includes ensuring that recipients of federal aid and state and local entities responsible for roadways and pedestrian facilities do not discriminate on the basis of disability in highway transportation programs or activities. The department also issues guidance to transit agencies on how to comply with the ADA to ensure that public transit vehicles and facilities are accessible.
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.
My request at this point is if the developers of the plugin could please implement a solution like this so that the plugin can be compliant natively, without me having to jump in and edit the code every time the plugin is updated. It doesn’t need to be this solution exactly, as this is admittedly a bit of a rough fix, but if the buttons could be modified with ADA compliance in mind, it would make things a lot easier for sites that use this and have these requirements to meet.
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 recent cases, the U.S. Department of Justice has repeatedly sided with plaintiffs arguing that a private company’s website needs to be accessible, despite any other mitigating factors. One thing is for certain, however: The number of federal lawsuits alleging violations of the ADA is currently accelerating at a rapid pace. Between January and August 2017, there were 432 ADA lawsuits filed in federal court—more than the total number of ADA lawsuits in 2015 and 2016 combined.
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