Meanwhile, the Justice Dept. enforcement team is doing cramdowns over web sites and mobile apps. For example, PeaPod grocery delivery service, which Vu assisted when the Justice Dept. gave them a hard time. In addition, H&R Block was sued by the National Federation of the Blind and the Justice Dept. became a plaintiff in the case — H&R Block complied.
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.
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.
Not to be outdone by their Southern neighbors, the Canadian government site is highly accessible. The home page is a simple page, beautiful in its perfect symmetry between English and French. The default language as specified on the element is English (lang="en", hey they had to pick one) but all French content is marked up with lang="fr". It's actually quite pleasing, and very Canadian, to listen to this page with JAWS as it alternates between the two languages.
(2) In situations not involving an imminent threat, an adult accompanying someone who uses sign language may be relied upon to interpret or facilitate communication when a) the individual requests this, b) the accompanying adult agrees, and c) reliance on the accompanying adult is appropriate under the circumstances. This exception does not apply to minor children.
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.
Nice Article! It is very important to work under guidelines if you don’t want to get sued and don’t want to pay the penalties. But more importantly it is better to give each user hassle free user experience over your website. Being ADA Compliant means your website works well for people with disabilities and they can easily access and navigate your website.
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:
More than 1 billion people live with disabilities; over 57 million reside in the United States, many of whom are unable to participate in everyday activities, such as using computers, mobile phones, tablets, and similar technologies. Devices that should help to improve quality of life for disabled individuals often become a source of frustration due to the inaccessibility of websites. By making your website ADA compliant, you will gain a new and loyal revenue source, and minimize the possibility of legal action against your company.
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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
In many situations, covered entities communicate with someone other than the person who is receiving their goods or services. For example, school staff usually talk to a parent about a child’s progress; hospital staff often talk to a patient’s spouse, other relative, or friend about the patient’s condition or prognosis. The rules refer to such people as “companions” and require covered entities to provide effective communication for companions who have communication disabilities.
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.