The DOJ is currently working to release new technical standards for digital accessibility. The latter updates to the ADA guidelines will be in conjunction with the latest version of WCAG 2.1, which includes the most widely accepted digital accessibility requirements across the globe. If organizations want to overcome the current limitations of ADA guidelines, then they should follow the WCAG 2.1 checklist,11 as well as the suggestions provided by the ADA. The latter two steps, combined with the help of a trusted digital accessibility compliance platform,12 can help organizations achieve digital accessibility best in class standards throughout all of their digital formats and across all media.
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fail to read the latest ADA guidelines, then they will soon discover that their approach to web accessibility is outdated, and they might be in violation of digital accessibility laws.
So, what do I mean by that? That sounds weird. So, when I say designer, I mean someone who's strictly an artist, and there's a lot of those out there. A lot of 'designers' are only concerned about the aesthetics of the site. What it looks like, or if its unique, or if it follows the latest website design trends. But at the end of the day they don't really 'get it' when it comes to what the primary purpose of a website is.
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.”
You are correct, ADA defines an “employer” as any person who is 1) engaged in an industry affecting commerce; 2) employes 15 or more full-time employees each work day; and 3) for at least 20 or more calendar weeks in the year. In the context of physical spaces, ADA would not apply to companies with fewer than 15 employees. However, courts don’t seem to have come to a consensus on what digital compliance really should look like. Because websites can be accessed anywhere in the country, small business owners might potentially face lawsuits in unfavorable jurisdictions. If you are a small business owner, I would recommend consulting with an accessibility lawyer and ask what they recommend.
The fastest, most certain way to be sure your website is in compliance is to contact a qualified web design agency and have them perform an audit of all your online properties. Make sure you interview the agency thoroughly first, as not all agencies are up to speed on ADA website compliance rules. A qualified web design firm will be able to identify any violations of ADA Website Compliance and outline a plan for updating your online content and properties.
There are several phases to go through to make a website ADA accessible. First, it is important to have your existing website evaluated for ADA accessibility. Have this evaluation done by a company that specializes in ADA compliance for lodging properties. Most existing websites will not pass a detailed ADA evaluation. Depending on the results of your professional ADA inspection, you will either have to make necessary changes to your existing website, or have it redesigned to meet ADA accessibility guidelines.
State and local governments will often post documents on their websites using Portable Document Format (PDF). But PDF documents, or those in other image based formats, are often not accessible to blind people who use screen readers and people with low vision who use text enlargement programs or different color and font settings to read computer displays.
The 2014 case involving Peapod, an online grocery retailer emphasizes that being ADA compliant goes beyond your website. The settlement required Peapod to make its mobile applications accessible by March 2015 and its website accessible by September 2015. Since mobile apps are fast becoming the preferred method of online shopping, e-commerce sites must focus on app accessibility too.
That carousel or image slider on your site looks beautiful. That stunning video on autoplay may have cost thousands to produce. Users with cognitive limitations, however, may not comprehend your information quickly enough before the view changes or your video ends. Other users may want to start over, or go back and review something they saw or heard.
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.
Offering 29 years of experience in design, I take a lot of pride in every project I take on. I have worked in various printing and advertising agencies since 1991 and my experience includes financial, law, healthcare, retail, real estate, and MLM industries. I own my own graphic design company, Graphical Solutions LLC, so I am not beholden to an outside full-time job and am available to help you whenever you need me.
Ensure that in-house staff and contractors responsible for webpage and content development are properly trained. Distribute the Department of Justice technical assistance document “Accessibility of State and Local Government Websites to People with Disabilities” to these in-house staff and contractors on an annual basis as a reminder. This technical assistance document is available on the ADA Home Page at www.ada.gov.
Since March 15, 2012, ADA compliance with the 2010 Standards will be required for new construction and alterations. In the period between September 15, 2010 and March 15, 2012, covered entities may choose between the 1991 Standards ADA Compliance (without the elevator exemption for Title II facilities), the Uniform Federal Accessibility Standards (Title II facilities only), and the 2010 Standards ADA Compliance.
If you use outside resources for your web needs, or have a dedicated web person or company, call them immediately. If you have a department or staff, even better. But— if you are working on your own, you would do yourself and your business a favor to contact a reputable web developer to discuss how to make your site accessible and avoid possible lawsuits. The older your website, the more likely it is that it is NOT compliant. Take action now!
The WCAG guidelines were updated from version 2.0 to 2.1 in June 2018. The updates in 2.1 cover changes in technology that have occurred since the previous version, and also address areas that were underrepresented in 2.0. What does this mean for you? Not a lot right now. The compliance level targeted is still WCAG 2.0 Level AA, and the 2.1 success criteria are in addition to those already existing in 2.0.
While the impact of the Americans with Disabilities Act on online accessibility is likely to remain vague for the foreseeable future, there is no question that equal access is a major concern for users across America, and for the courts that serve those users. In lieu of a clear set of national guidelines, abiding by WCAG accessibility standards remains the best option for most organizations. It’s not just a smart way to avoid accessibility lawsuits and negative publicity—providing accessible solutions for all users is just the right thing to do.
I recently finished a training in ADA compliance for websites. It was illuminating and daunting, as I realizated that there’s a lot of work to be done. It also reiterated—in no uncertain terms—a gospel I’ve been preaching for several years now. Sites need to be accessible for everyone on every platform. Previously I was just focusing on responsive sites (sites that reformat for the device used, such as a phone or tablet.) Since responsive sites are de rigueur these days, I’d like to focus on your site’s accessibility…can it be accessed by people with disabilities? This includes screen readers and other technology. It’s not just a nice thing, it’s a civil law.
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.
The ADA is the Americans with Disabilities Act, passed almost 30 years ago in 1990. This act was originally put in motion pertaining solely to physical location. It requires establishments to provide people with disabilities easy access to various levels throughout the business. This act was set to achieve an equal experience to all people, handicapped or not.