For most businesses, the need for ADA web compliance means they will need to make at least some adjustments to all of their online marketing strategies. For instance, if your company provides tax preparation services, all of the tax forms you provide for customers to download would need to meet accessibility standards. Any online tax preparation services that you offer would also need to be configured so they meet ADA standards, as would your mobile app.
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.
TAW references WCAG 1.0, 2.0 and its own set of own heuristics for mobile accessibility. Developed by the CTIC Centro Tecnólogico, TAW clearly marks the accessibility violations that it discovers by providing an annotated version of the website as well as recommendations on how to resolve them. It is available online and as a desktop application as well as a Firefox add-on.
Hey OB – Disclaimer – none of this is legal advice and you’d want to check with a lawyer to know if you’re at risk for any action if you’re not ADA compliant. Based on what we’ve seen if you don’t have a physical retail or service location, and you don’t receive any funding from the government you likely aren’t required to have a website that would be considered compliant. Some people expect that to change in the next few years, but that’s what we know for now. Let us know if you have more questions or would like to test your site.
You can use the online WAVE tool by entering a web page address (URL) in the field above. WAVE Firefox and Chrome extensions are available for testing accessibility directly within your web browser - handy for checking password protected, locally stored, or highly dynamic pages. We also have a WAVE Runner service, subscription WAVE API and a stand-alone WAVE API for easily collecting data on many pages. If you need enterprise-level reporting and tracking of accessibility, WAVE powers the Pope Tech accessibility tool.
Furthermore, if your organization has developed a mobile app – as many companies have – to make it easier for customers to interact with your brand, then this, too, must be free of barriers in order to comply with the ADA. Online grocery delivery service Peapod and tax preparer H&R Block are two examples of companies that agreed, after ADA complaints were launched, to improve the accessibility of their mobile apps.
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.
Under Title II, publicly available videos, whether for entertainment or informational use, must be made accessible to individuals with disabilities. That means including captions on videos both in person and online so that deaf and hard-of-hearing people can access public services. Websites for public entities should also be fully accessible to users who are deaf, blind or have limited dexterity.
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.
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.
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.
Enacted in 1990, this civil rights statute was created for the purpose of limiting discriminatory practices towards individuals with disabilities. This act and its amendments guarantee equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation. Both public and private entities are affected by the ADA.
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.
There are many different kinds of automated testing tools that can currently be used as ADA website compliance checkers. Some are free of charge, while others come with a cost. Some can be used online. Some must be downloaded and installed before use. The World Wide Web Consortium keeps an online database of checkers, called the Web Accessibility Evaluation Tools List, that can be filtered according to a web designer’s needs.9
CKSource Accessibility Checker by CKSource offers a program that allows users to inspect the web accessibility level of content created specifically within the CKEditor program and then solve any web accessibility issues found. It is a brand-new feature of CKEditor with the most recent version 1.0 released on May 19, 2016. Guidelines covered include WCAG 2.0 — W3C Web Content Accessibility Guidelines 2.0, Section 508, and U.S. federal procurement standards.
This program is offered through UserLight Ltd, which verifies web accessibility on mobile sites on an iOS device, such as iPhone or iPad. Once verified, the evaluation findings can be exported via Google Spreadsheets or CSV. The program generates reports of the evaluation results but also provides step-by-step evaluation guidance. Mobile Web Accessibility Checker checks single web pages, groups of web pages or sites, as well as password protected or restricted pages.
DOJ’s September 25 response did not do what the members asked, but it did provide some helpful guidance and invited Congress to take legislative action to address the exploding website accessibility litigation landscape. DOJ first said it was “evaluating whether promulgating specific web accessibility standards through regulations is necessary and appropriate to ensure compliance with the ADA.” (This is helpful – to at least know this issue has not fallen totally off DOJ’s radar.) It continued: