As organizations around the world scramble to bring their sites into compliance with the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG), focus on other, preexisting accessibility regulations has also intensified. The United States’ Americans with Disabilities Act (ADA) is one of the most visible and complicated pieces of accessibility legislation. Let’s look at some of the ins and outs of what an ADA compliant website means today. Or, if you're interested in seeing the nitty-gritty details of your site's accessibility, request a free website audit report using the form on this page.

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.
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.
The free nationwide telecommunications relay service (TRS), reached by calling 7-1-1, uses communications assistants (also called CAs or relay operators) who serve as intermediaries between people who have hearing or speech disabilities who use a text telephone (TTY) or text messaging and people who use standard voice telephones. The communications assistant tells the telephone user what the other party is typing and types to tell the other party what the telephone user is saying. TRS also provides speech-to-speech transliteration for callers who have speech disabilities.
Federal law isn't the only consideration for businesses. Additionally, each state interprets the law differently. Consider the case against Netflix in 2012. Lawsuits were brought in federal court in Massachusetts and California. Netflix was accused of violating the ADA by not offering "closed captioning" options for its Internet streamed movies. Illustrating the complexity of this issue, the courts reached completely opposite decisions. Massachusetts held that Netflix must comply with the ADA, while the California court found that Netflix did not fall under the ADA's definition of "public accommodation."

I own a medical practice in California with 5 employees. Since I have under 15 employees am I exempt from needing to have my website comply with the ADA? I know that my physical practice is exempt from ADA policies regarding employment (under 15) but I don’t know if that extends to websites. My website is not an important part of my practice and I don’t really want to sink any funds into it if I don’t need to.

Through the Americans with Disabilities Act (ADA), our nation committed itself to eliminating discrimination against people with disabilities. The U.S. Department of Justice’s (DOJ) Civil Rights Division is proud to play a critical role in enforcing the ADA, working towards a future in which all the doors are open to equality of opportunity, full participation, independent living, integration and economic self-sufficiency for persons with disabilities.
Level AA is a little more significant, and makes sites accessible to people with a wider range of disabilities, including the most common barriers to use. It won't impact the look and feel of the site as much as Level AAA compliance, though it does include guidance on color contrast and error identification. Most businesses should be aiming for Level AA conformity, and it appears to reflect the level of accessibility the DOJ expects. 
Use the plugin, follow its instruction, and resolve the compliance issues identified. You’ll find that using the plugin will save you an incredible amount of time as you maintain your site’s compliance on a month-to-month basis. The best part, it identifies the compliance issues and tells you exactly which code elements are out of compliance and why! Our average customer is reporting a 10x-20x time savings over manually identifying and fixing these problems. In extreme cases more than 30x time savings has been reported! Using the plugin alone does not guarantee compliance. Some parts of accessibility can’t be automatically scanned and must be manually audited but we also provide independent 3rd-party audits and certifications of compliance. The Accessibility Suite Pro Plugin for WordPress makes this process profoundly easier.
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.
Again using the WAVE toolbar, check for Errors, Features, and Alerts. If there are many errors, I assume this page will not serve as a good example, and stop checking. If there are only a few errors (e.g., fewer than five) I'll check those errors and might be forgiving if they're relatively minor and are offset by good accessibility in other areas.
Case law has been the most helpful in illuminating the implications of the ADA for websites.There have been lawsuits involving companies like Expedia, Hotels.com, Southwest Airlines, and Target as defendants and primarily featuring accessibility organizations as plaintiffs. These cases had mixed results, but each helped clarify the ADA's jurisdiction on the web. 
Video remote interpreting (VRI) is a fee-based service that uses video conferencing technology to access an off-site interpreter to provide real-time sign language or oral interpreting services for conversations between hearing people and people who are deaf or have hearing loss. The new regulations give covered entities the choice of using VRI or on-site interpreters in situations where either would be effective. VRI can be especially useful in rural areas where on-site interpreters may be difficult to obtain. Additionally, there may be some cost advantages in using VRI in certain circumstances. However, VRI will not be effective in all circumstances. For example, it will not be effective if the person who needs the interpreter has difficulty seeing the screen (either because of vision loss or because he or she cannot be properly positioned to see the screen, because of an injury or other condition). In these circumstances, an on-site interpreter may be required.

This particular lawsuit amounted to nothing more than a shakedown for cash, as the current laws would make it difficult to win the suit in court (more about this later) but it prompted me to dive deeper into the issue of ADA compliance. Through my research, I discovered there are some new laws on the horizon that could make ADA compliance mandatory, which means web designers and digital marketers need to know how to prepare.
Web accessibility addresses the needs of every website visitor to achieve an optimal level of usability and ADA compliance. Many people browsing the web have a permanent disability (visual, mobility or neurological impairment), or a temporary impairment such as a broken arm, broken or lost eyeglasses, and so on. Many baby boomers have aging-related issues that make using the web more challenging, and they’re not alone–about 20% of the U.S. population has an identified disability.
The ADA guidelines are often updated so that businesses can better understand how various disabilities can affect the way that people will interact with websites and digital content. The guidelines also explain why certain barriers can prevent disabled individuals from using or even accessing a website. With these goals in mind, it is important to note that organizations need to review the guidelines on a yearly basis. New technologies, such as Artificial Intelligence10, are being used to help people with disabilities get the most out of the digital world. If organizations fail to read the latest ADA guidelines, then they will soon discover that their approach to web accessibility is outdated, and they might be in violation of digital accessibility laws.

Craig facilitates the execution of each project from start to finish, helping you convey your vision and bring it to life. Craig’s primary objective is to make certain that all of your needs are addressed throughout the project, from detailed technical specifications to assisting with collecting assets. This allows the staff of Quantum Dynamix to focus on what they do best; creating innovative work that meets your objectives.
The U.S. Department of Health and Human Services (HHS) also enforces Title II of the ADA relating to access to programs, services and activities receiving HHS federal financial assistance. This includes ensuring that people who are deaf or hard-of-hearing have access to sign language interpreters and other auxiliary aids in hospitals and clinics when needed for effective communication.
Finally, WA11Y is another top ADA compliance plug-in to consider. A toolbox of resources to help you meet most ADA compliance needs, the plug-in packs multiple accessibility tools, each with a unique purpose. Tota11y, the first tool in the box, for instance, annotates all elements of your web pages and identifies any accessibility issues. Another tool in the box, WAVE, performs a detailed accessibility analysis of each page and provides printable reports. Then, you have FILTERS which is used to modify data within Wa11y.

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.
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.
It will annotate all the elements of a web page and point out any issues. The other tool is WAVE, which will provide you with a detailed accessibility analysis of the current page. Each tool will have its own button displayed on the bottom of your site to logged in users (you can choose which user roles will see the buttons). Just click the button of your choice to start analyzing.
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.”

The ADA requires that title II entities (State and local governments) and title III entities (businesses and nonprofit organizations that serve the public) communicate effectively with people who have communication disabilities. The goal is to ensure that communication with people with these disabilities is equally effective as communication with people without disabilities.
A person’s method(s) of communication are also key. For example, sign language interpreters are effective only for people who use sign language. Other methods of communication, such as those described above, are needed for people who may have lost their hearing later in life and do not use sign language. Similarly, Braille is effective only for people who read Braille. Other methods are needed for people with vision disabilities who do not read Braille, such as providing accessible electronic text documents, forms, etc., that can be accessed by the person’s screen reader program.
eSSENTIAL Accessibility is proud to offer organizations a comprehensive web accessibility solution. As a digital accessibility compliance platform, eSSENTIAL Accessibility is uniquely positioned to help organizations follow the latest WCAG and ADA guidelines. Achieve and maintain compliance with the latest digital accessibility laws and web accessibility standards and regulations with the help of the eSSENTIAL Accessibility team. Learn more about eSSENTIAL Accessibility’s innovative solution by taking a demo today.
@Rick, I didn't specifically look at doctype, but Steve Faulkner did in his original article (see the link at the top of this post). He found that 101 of the 130 pages containing role="main" (78%) used the HTML5 doctype, which of course leaves 22% that didn't. I do recommend using ARIA even if using an earlier doctype. Validation is important, but if validation and accessibility conflict, I think most would agree accessibility should trump validation. Assistive technologies that support ARIA landmarks do so regardless of doctype, and otherwise the presence of these role attributes has no ill effects in any user agent.
The landscape of disabled access litigation related to online services has significantly changed and expanded over the past decade. Initially, the internet was an area of little concern as courts uniformly held that the ADA applied to "brick and mortar" facilities, not to cyberspace. This has changed and online accessibility is presently, and will continue to be, an area of significant investigation and litigation.

Finally, WA11Y is another top ADA compliance plug-in to consider. A toolbox of resources to help you meet most ADA compliance needs, the plug-in packs multiple accessibility tools, each with a unique purpose. Tota11y, the first tool in the box, for instance, annotates all elements of your web pages and identifies any accessibility issues. Another tool in the box, WAVE, performs a detailed accessibility analysis of each page and provides printable reports. Then, you have FILTERS which is used to modify data within Wa11y.


The past few years have brought great awareness to the importance of creating an accessible website. While the process of ensuring you’ve covered all your bases takes time, it’s very much worth the extra effort. Using the tools profiled above are a great way to add features (visible or not) that will help every user get the most out of your WordPress site.
For discussion’s sake – while I don’t know the specific nature of your videos, my guess is that they might be demonstrating various techniques or other content in which simply hearing the audio of the video wouldn’t deliver the full context of the content. If making that content accessible is something you’d want to do, you’d likely want to start with a written description of what takes place in the video. Beyond that, high contrast vector images or diagrams showcasing specific parts of the technique would certainly help.
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.
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:
Another federal agency, the Architectural and Transportation Barriers Compliance Board (ATBCB), also known as the Access Board, issues guidelines to ensure that buildings, facilities and transit vehicles are accessible to people with disabilities. The Guidelines & Standards issued under the ADA and other laws establish design requirements for the construction and alteration of facilities. These standards apply to places of public accommodation, commercial facilities, and state and local government facilities.
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.

Case law has been the most helpful in illuminating the implications of the ADA for websites.There have been lawsuits involving companies like Expedia, Hotels.com, Southwest Airlines, and Target as defendants and primarily featuring accessibility organizations as plaintiffs. These cases had mixed results, but each helped clarify the ADA's jurisdiction on the web. 
As organizations around the world scramble to bring their sites into compliance with the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG), focus on other, preexisting accessibility regulations has also intensified. The United States’ Americans with Disabilities Act (ADA) is one of the most visible and complicated pieces of accessibility legislation. Let’s look at some of the ins and outs of what an ADA compliant website means today. Or, if you're interested in seeing the nitty-gritty details of your site's accessibility, request a free website audit report using the form on this page.
For people who are blind, have vision loss, or are deaf-blind, this includes providing a qualified reader; information in large print, Braille, or electronically for use with a computer screen-reading program; or an audio recording of printed information. A “qualified” reader means someone who is able to read effectively, accurately, and impartially, using any necessary specialized vocabulary.
The Federal Communications Commission (FCC) enforces regulations covering telecommunication services. Title IV of the ADA covers telephone and television access for people with hearing and speech disabilities. It requires telephone and Internet companies to provide a nationwide system of telecommunications relay services that allow people with hearing and speech disabilities to communicate over the telephone.
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