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.
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.
Imagine struggling to do something as simple as navigating and reading a website, when you’re suffering from Glaucoma, Cataracts, Macular degeneration, Retinal disorders, Refractive errors, Optic nerve disorders, and other eye issues. Reading the text in order to gain knowledge and information, would be tiring at the least. Your website doesn’t need to be like that, in fact, your website can be a pleasant experience where the visually impaired can easily zoom in and out on every page or, the text to speech feature will convert to the audible voice that you are listening to right now.
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.
Permanent injunction requiring a change in corporate polices to cause Defendant’s website to become, and remain, accessible Noted was that “The ADA expressly contemplates the type of injunctive relief that the Plaintiffs seek in this action.” The Plaintiff’s lawyers stated that “Because Defendant’s Website has never been accessible and because Defendant does not have, and has never had, a corporate policy that is reasonably calculated to cause its Website to become and remain accessible”. Therefor the Court should require that the Plaintiff accept who the Defendant will use to “assist it in improving the accessibility of its Website”, “ensure that all employees involved in website development and content development be given training”, “Consultant to perform an automated accessibility audit on a periodic basis to evaluate if the Defendant’s Website continues to comply”, “Consultant to perform end-user accessibility/usability testing on a periodic basis”, “Consultant to create an accessibility policy”. Although the Lawyers asked the Court for the above, and it would be extremely time consuming and expensive for the Defendant, the very last part of the Complaint was what the Lawyers were after. Here is what the Lawyers asked the Court for:
In an August 2016 case involving the University of California Berkeley, the DOJ ruled that the public university was in violation of ADA Title II (similar to Title III but it instead applies to government organizations) because their YouTube channel’s videos didn’t include captions for hearing impaired visitors. The DOJ found this to violate the ADA as deaf users did not have equal access to the online content.
Quantum Dynamix recently completed VisionCorps’ brand new website – built to set the standard for visually-impaired, ADA compliant web design and functionality. Discover what features we incorporated and how users who are blind are adjusting to the new website. This is a case study for ADA online compliance that you can utilize for your own website.
It’s most outward feature is a font size and color contract toolbar that helps users more easily read your content. But it also does a lot of behind-the-scenes work like adding skip-to-content links, implementing an outline to the link :focus state for better keyboard navigation, utilizing longdesc for images and a whole lot more. Each feature can be turned on or off through a settings page.
In short, the ADA is meant to protect disabled individuals as they go about their daily lives. These regulations ensure that people with disabilities are not denied entry into the above places or denied services by a company due to their disability. It is important to note that these regulations are now applicable to services that are provided online or through other digital formats. For example, if a company accepts job applications online, then it must ensure that a person with a disability can also apply for the job online. In other words, it is illegal to have barriers on the website that would keep the disabled individual from successfully completing their application. Fortunately, the ADA guidelines help to remove barriers and ensure that the Internet remains a space that people of all backgrounds and disabilities can use.
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.
Permanent injunction requiring a change in corporate polices to cause Defendant’s website to become, and remain, accessible Noted was that “The ADA expressly contemplates the type of injunctive relief that the Plaintiffs seek in this action.” The Plaintiff’s lawyers stated that “Because Defendant’s Website has never been accessible and because Defendant does not have, and has never had, a corporate policy that is reasonably calculated to cause its Website to become and remain accessible”. Therefor the Court should require that the Plaintiff accept who the Defendant will use to “assist it in improving the accessibility of its Website”, “ensure that all employees involved in website development and content development be given training”, “Consultant to perform an automated accessibility audit on a periodic basis to evaluate if the Defendant’s Website continues to comply”, “Consultant to perform end-user accessibility/usability testing on a periodic basis”, “Consultant to create an accessibility policy”. Although the Lawyers asked the Court for the above, and it would be extremely time consuming and expensive for the Defendant, the very last part of the Complaint was what the Lawyers were after. Here is what the Lawyers asked the Court for:
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.
Legal precedent is changing, and ADA compliance related lawsuits are becoming more successful, and the courts are seeing more of them as a result. Title III of the Americans with Disabilities Act pertains to private sector businesses. Lately, those protections are more frequently expanding into digital territory as web and mobile applications become more necessary in our day-to-day lives.
Title III of the Americans with Disabilities Act (ADA) requires that businesses and nonprofit services providers make accessibility accommodations to enable the disabled public to access the same services as clients who are not disabled. This includes electronic media and web sites. While the ADA applies to businesses with 15 or more employees, even smaller businesses can benefit from ensuring that their websites are ADA compliant. Doing so opens your company up to more potential clients and limits liability. Web developers should include ADA compliant features in the original site and application plans.
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