While new companies might not prioritize web accessibility simply because of price, it can be seen as a great insurance policy. Even if you don’t fall into one of the categories mentioned above, if you want to prepare for the future and ensure no lawsuits, becoming web accessible is the way to go. Not to mention being available to persons with disabilities is very important and says that you care.
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Being one-third of the way into 2019, we opted to follow up on the 2018 discussion we had regarding ADA Website Compliance. Per last year, making sure your website is ADA compliant is significant in offering an equal opportunity for everyone to experience the products and/or services your business offers. An ADA compliant website also help prevent lawsuits and potential government action.
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.
Leading web developers have been pioneering accessibility and publishing standards since 1994. In 1999, the Web Accessibility Initiative (WAI) and the World Wide Web Consortium (W3C) created the Web Content Accessibility Guidelines (WCAG). In essence, the people who determine how the internet is written came together to advise web developers on how to make websites accessible not only to people with disabilities, but to all web users, including those with highly limited devices.
The truth is, when you’re assembling like a furniture, you’re not a professional furniture builder, and therefore the quality and the output is not going to be as good. And that metaphor applies to website design. Most people are not professional digital marketers or designers or understand user personas, or how to get traffic, or any of those things. And so, not only are you using all of your time to build the website but then you’re not getting as high-quality an output as you would as if you just hired someone who did that full time.
Government Code §11546.7 – The requirement that state agency heads certify, every two years, that their agency’s website meets the Web Content Accessibility Guidelines, Version 2.0 or a subsequent version, at Level AA or higher, and the requirements of Sections 11135 and 7405 of the Government Code. Created by AB 434 (Baker, Chapter 780, Statutes of 2017), and sometimes referred to as AB 434.
When the law was enacted in 1990, it did not specifically address website accessibility for the disabled, but this has become a much-discussed topic in recent years. In 2006, Target settled a class action lawsuit alleging Target.com was inaccessible to the blind, in violation of the ADA, and in 2015 both Reebok and the NBA were hit with a class action lawsuit that alleged their websites did not accomodate the blind and visually impaired.
The best resource to find out this information is to ask other local business owners in the area who they hired to create their website, and the total cost involved. If you find yourself loving a specific website that isn’t local, reach out to the owner and ask if they would mind sharing the contact information of their designer. They will appreciate the compliment, and most likely would share that information.
The need to make websites, mobile apps, and other online properties accessible to all is only going to increase as time moves on. Smart business owners will do well to get in front of this issue and make sure that their websites are ADA compliant now so that all their customers have the equal access to the resources they offer. Not just because they want to avoid a lawsuit or government action, but because it’s the right thing to do.
Talk to your web designer about other techniques that will make your site more user-friendly for people with disabilities. Worried that’s not in your budget? Consider the fact that DOJ fines start at $75,000. And it's still yet to be determined if a non-compliant website is liable for one fine or will be charge per page for each violation. As the recent lawsuits illustrate, though, settlements quickly add up into the millions.
Jeremy I am an artist and designer. The business I would like to have a website for is painting pet portraits. I also paint them with their owners, kids, etc. The reservations I have about the (template choice) website plans is that none of the templates I have seen show what I do well enough. Is there a site where I can setup or design my own homepage image without using a prescribed template?
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.)
It makes sense that everyone should have equal access to websites and online properties. The Internet has become an integral part of our lives, where we go to shop, learn, do our banking, and socialize. The DOJ hasn’t determined what the final set of regulations for ADA compliant websites will be yet, but there are established guidelines and standards of accessibility that can be viewed on the ADA website. Once a website meets these accessibility standards it qualifies as ADA compliant.
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.
The legal issue for websites is whether website operators are operating “a place of public accommodation.” The statute lists 12 different types of public accommodations including somewhat of a catchall that includes “other sales or rental establishment.” The list, created when the law was passed in 1988, conceivably covers most commercial establishments, but does not expressly include websites.
For instance, if you have a video that displays the benefits of your product, but it doesn’t have captions, then people who are deaf or hard of hearing will not get to find out how great your product is. The same goes for when you have images with no alternate text. The point of the alternate text is to allow screen reading tools to describe the image to someone who is blind, so if you don’t have that text, some of your audience will miss out. Similarly, it’s important to ensure your website is fully accessible without a mouse so that people with physical limitations can use it.
Creating a more operable and navigable website will ultimately benefit all users while still meeting WCAG guidelines. Making your web pages easier to comprehend will allow everyone - disabled or non - to find what they’re looking for quickly. If you decide to follow the guidelines, your website will likely convert more leads across the board because users will trust that they can always easily find the content they need.
Just as you wouldn’t trust an overweight personal trainer or a skinny chef, you should probably never trust a designer with an ugly looking website or an SEO specialist who doesn’t rank well on Google or an “internet marketer” who uses direct outreach to generate leads. And by that I mean, if someone is selling you the idea of getting traffic through Google or Pay Per Click or Social Media, but they’re using cold outreach, like, they’re direct emailing you or they’re using word of mouth to get in contact with you, they’re really not practicing what they preach.
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.