Yes, as of 2018 websites absolutely must be ADA compliant. Its a new but very scary issue that has flared up over the last year and is set to cause a LOT of turmoil. The Supreme court issued a judgement that opened up a loophole and opportunity-chasing lawyers are aggressively soliciting handicapped people and convincing them to sue unsuspecting website owners (pretty much every website owner on the planet, as not a single one of us were ADA compliant before now.)
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 one of the most complicated pieces of legislation in the sphere of accessibility. Let’s look at some of the ins and outs of what an ADA compliant website means today.
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
The Americans with Disabilities Act was instituted in 1990 in an effort to end discrimination based on differing abilities. Drawing heavily from the landmark Civil Rights Act of 1964, which established protections against discrimination based on race, religion, sex or national origin, the ADA went a step further by requiring organizations to provide “reasonable accommodations” to employees with disabilities.
Title III of the ADA requires that every owner, lessor, or operator of a “place of public accommodation” provide equal access to users who meet ADA standards for disability. With roughly 1.66 billion people around the world making online purchases in 2017, one might reasonably presume that this concept extends to websites, but from a legal standpoint, there is a surprising amount of grey area.
Conclusion: This article covers only the basics behind ADA accessible websites. You can find further detailed information at www.ada.gov. Since most current websites are not yet fully ADA accessible, it is important for you to begin the process now. But be forewarned. The consequences of not becoming ADA accessible can be expensive. The potential of penalty fees, lawsuits, and lost business are all powerful reasons to be ahead of the curve when it comes to ADA accessibility for your website. To make sure your website meets the necessary ADA guidelines, select a website design and consulting firm that specializes in ADA accessible websites and online reservation systems. As always, RezStream is happy to assist lodging properties of all sizes in ADA consulting and website design services. Please call RezStream toll-free at 866-360-8210 for more information on this timely topic.
The gray area is a matter of scale and purpose. If you have a small business which serves as specific market it's a good idea to make the site as user and disability friendly as possible. If, however, your market serves segments with a likeliness to have various handicaps or disabilities you should address that with an ADA Compliance review of the site. Also consider the scale and purpose of an organization. Publicly traded large businesses need to concern themselves more than a single location family owned retailer and if someone sues your flower shop because the text was too small or didn't have "image alt tags" causing them distress... That's pretty frivolous and would likely not stand.
Your site would need to have a text only option, with all functionality accessible through a keyboard for visitors with mobility issues. Once you make these and other changes to meet ADA guidelines, your site would need to be tested by a website development company familiar with ADA compliance issues to be sure that visitors who use assistive technology such as screen readers are able to access your web content fully.
I have a membership website teaching martial arts. It is accessible only to people who pay a monthly membership fee. I recently had a gentleman in Malta ask if I could make more than 850 videos on the site accessible to him (he is visually impaired). That is an impossible task for a one-man business. If I understand this article correctly, my site is not required to be accessible?
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Now you know that some types of content and format on webpages can pose barriers for people with disabilities. The next steps are to develop an action plan to fix web content that is currently inaccessible and implement procedures to ensure that all new and modified web content is accessible. The website accessibility checklist included in this section helps you assess what needs to be done.
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These and other types of multimedia can present two distinct problems for people with different disabilities. People who are deaf or hard of hearing can generally see the information presented on webpages. But a deaf person or someone who is hard of hearing may not be able to hear the audio track of a video. On the other hand, persons who are blind or have low vision are frequently unable to see the video images but can hear the audio track.
Various courts around America have ruled that commercial websites are places of public accommodation and thus subject to ADA rules. Other cases have concluded that websites are bound by ADA regulations if there is a close “nexus” between the site and a physical location, the most famous example being the ruling against the Winn-Dixie supermarket chain for not making its site accessible to users with low vision. Other courts have decided that the ADA as written simply does not offer any protections for online users. With no overarching federal rules in place, it’s difficult to make a definitive statement about whether or not any given website is governed by ADA accessibility rules.
Macy is a Content Writer at WebFX. With a Content Marketing Certification, she's an expert in crafting pieces filled with the facts about all things digital marketing. You'll find many of her pieces featured on UpCity's Top Digital Marketing Articles of the Week. When she isn't clacking her keys, she's wondering why her dog is so cute. Follow her on Twitter @iinfinitestorm.