Do all websites have to be ADA compliant? Technically, the Americans with Disabilities Act (ADA) Title III, which concerns public businesses, does not specifically address websites. Local and state government websites must be accessible under Title II of the ADA and Section 508 of the Rehabilitation Act. However, ADA civil suits have been brought against businesses with inaccessible websites, and courts have ordered some businesses to make their websites accessible.
In a society in which business is increasingly conducted online, excluding businesses that sell services through the Internet from the ADA would ‘run afoul of the purposes of the ADA’” in that it would prevent “‘individuals with disabilities [from] fully enjoy[ing] the goods, services, privileges, and advantages, available indiscriminately to other members of the general public.
Currently, there is a safe harbor clause that allows your existing content to remain as it is, unless altered after January 18, 2018. However, the guidelines do pertain to any page that has been updated after that date. So if you want to avoid the legal costs of being found non-compliant with the ADA, it’s best to make the necessary changes to your website now.
As I mentioned above, under each WCAG 2.1 principle is a list of guidelines, and under each guideline are compliance standards, with techniques and failure examples at each level. Some guidelines include only Level A items; others include items for multiple levels of conformance, building from A to AAA. At each stage, you can easily see what more you would need to do to reach Level AA or AAA. In this way, many websites include elements at multiple levels of accessibility.
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.
On July 26, 2010 (on the anniversary of the Americans with Disabilities Act) President Obama stated that ADA accessibility must also apply to the Internet. With that declaration, the Justice Department was tasked with setting rules for ADA accessibility for the Internet and websites. Since that time, the Justice Department has formulated recommended rules for ADA website accessibility. Those rules will soon be refined and officially released in the near future. Until then, there is a set of guidelines currently in place (http://www.w3.org/WAI/WCAG20/quickref) for websites to become ADA accessible. Even with these guidelines in place, many hospitality businesses have not yet complied with the guidelines. Now is the time to begin the process of making your current website ADA accessible or to consider a new website design that is ADA accessible.
The ADA itself holds different organizations to more/less stringent standards based on a host of factors, government funding being a major one. Government agencies themselves are usually held to the most severe standards. That said, while ADA has adopted WCAG as the defacto standard, from what I’ve seen it appears they’re going with AA compliance as the most reliable one. That said, we’ve done work with some organizations who’ve chosen to comply with AAA in an effort to be as buttoned up as possible from an accessibility and experiential perspective. We’ve also worked with some who have tighter budgers and aim for level A compliance and have a more “react and repair” mindset when they discover anything in their site that is giving someone hardship from an accessibilirt standpoint.
In short, the ADA is meant to protect disabled individuals as they go about their daily lives. These regulations ensure that people with disabilities are not denied entry into the above places or denied services by a company due to their disability. It is important to note that these regulations are now applicable to services that are provided online or through other digital formats. For example, if a company accepts job applications online, then it must ensure that a person with a disability can also apply for the job online. In other words, it is illegal to have barriers on the website that would keep the disabled individual from successfully completing their application. Fortunately, the ADA guidelines help to remove barriers and ensure that the Internet remains a space that people of all backgrounds and disabilities can use.
Many people with disabilities use assistive technology that enables them to use computers. Some assistive technology involves separate computer programs or devices, such as screen readers, text enlargement software, and computer programs that enable people to control the computer with their voice. Other assistive technology is built into computer operating systems. For example, basic accessibility features in computer operating systems enable some people with low vision to see computer displays by simply adjusting color schemes, contrast settings, and font sizes. Operating systems enable people with limited manual dexterity to move the mouse pointer using key strokes instead of a standard mouse. Many other types of assistive technology are available, and more are still being developed.
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.
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.
Maybe just like you, at first we didn't have a darn clue about how to build a website, nevermind write half a line of code if our life depended on it! We wanted to build a website to start a side business, and felt overwhelmed, confused & scared about how to actually do it, which builder to use, and making wrong decisions. After years of trials & errors using different website builders, we're here to share our experiences with you.
I was educated at the Illinois Institute of Art in Chicago and have over decade of graphic design experience developing t-shirts, posters, flyers, illustrations, web graphics, and many more. All of my work delivers on creating high quality images filled with detail and color. My belief in establishing a good relationship as well as excellent communication with each of my clients helps me produce the professional work they are looking for. My ambitious nature and need to create fuels my drive to always deliver the best for my clients.
About the Speaker: Bill Mitchell is the co-founder and Chief Operating Officer of RezStream, a company dedicated to hospitality solutions, located in Denver, Colorado. Bill has over 30 years experience in the hospitality industry with extensive knowledge in consulting, sales, support, website design and Internet marketing.RezStream sells reservation software (RezStream Professional PMS), online reservation booking engine services (RezStream Rez2u Booking Engine), Global Distribution System services, custom website designs, and Internet marketing services.
For federal institutions, Section 508 makes it very clear that all federal-related websites must be accessible to all individuals, with and without disabilities. For private commercial websites, the Department of Justice (DOJ), which enforces the ADA, has made it clear that it interprets the ADA as applicable to websites. In 2010, the DOJ issued an Advanced Notice of Proposed Rulemaking to specifically ensure all websites, public and private, are subject to ADA compliance. The DOJ’s proposed amendments to the ADA were initially expected in Spring of 2016 but have now been pushed back to 2018.
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.
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 Department of Justice (DOJ) has specifically stated in rulings that websites should be designed so they are accessible to individuals who have vision, hearing, and physical disabilities. There’s a growing body of case law where the DOJ required companies to provide an ADA compliant website and levied hefty penalties when sites failed to measure up.
Hey Casey, this is one of the areas where things get a little weird because the W3 doesn’t actually have any say over the ADA guidelines, it is more than the ADA guidelines adopted the WCAG 2.0 guidelines as just that, a guideline to help. As far as I know, the tool you’ve linked to hasn’t been used in any judgements I’m aware of. Usually when it comes down to making a decision on if something is/isn’t compliant they have people use the actual PAWS tools and show what elements do/don’t work as intended or are otherwise inaccessible. Hope this helps!
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!
If you do get sued, if you immediately remediate your website, you may be able to get the lawsuit dismissed on mootness (there’s no longer anything in dispute, i.e. plaintiffs are arguing your website is inaccessible but you’ve already made it accessible). This definitely does not mean you should wait to fix your website but it does mean you may have an out.
The text in the ADA did not originally mention websites since this technology was not widely used in 1990. But now that most businesses have a website, they need to make sure it’s accessible to everyone. Since we’re past the ruling date, all updated pages on your website are required to be at least grade A complaint, with grade AAA being the highest.
You may have installed a ramp, increased the width of your door frames, or made other accommodations to ensure that your physical premises are accessible to all. The requirement for equal access used to only apply to physical locations and storefronts, but now the government is actively ensuring that the requirements for ADA accessibility include online properties such as websites and mobile apps.
If your hotel used responsive web design when creating your online marketing strategies, you’re already meeting many of the ADA compliant regulations for hotel websites. You will still need to make some changes, but you definitely have a head start. Making the changes now, before your business is the target of a lawsuit or government action, makes good business sense.
The World Wide Web Consortium (W3C) established the main international standards and accessibility for the World Wide Web. The WCAG is created by the W3C to provide a standard for web content accessibility that can be shared around the world. The WCAG is meant to accompany organizations as a sort of blueprint on how to make their websites ADA compliant.