ADA Web Accessibility Archives- Page 5 of 8/Category

The ADA’s New Shift Towards Web Accessibility
In an age where our online and offline worlds are increasingly intertwined, ensuring web accessibility for all is not just a matter of convenience—it’s a matter of civil rights. Enter the U.S. Department of Justice, which is poised to take a monumental step toward making the virtual world more inclusive. As they gear up to propose a new ADA Title II Web Accessibility Rule, we delve deep into its implications and the future landscape of digital accessibility.

What is the American with Disability Act?

The Americans with Disabilities Act (ADA), enacted in 1990 by President George H.W. Bush, is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life. This includes jobs, schools, transportation, and public or private places open to the public. The primary goal of this law is to ensure that people with disabilities have the same rights and opportunities as everyone else.

For instance, the law required that employees with disabilities have the adjustments they need at work, that those with hearing or sight issues can communicate effectively, and that buildings are accessible.

Often, we think of the ADA in terms of physical places. But what about online spaces, like websites?

Is ADA Compliance Mandatory for Websites?

From the start, we knew the ADA would impact physical stores, but it wasn’t clear if it would also apply to websites and online apps. As the internet became a major way for customers to connect with businesses, the rules for ADA and website accessibility had to evolve.

Redefining the ADA

In late 2021 and early 2022, the Department of Justice (DOJ) made several agreements about making COVID-19 vaccine websites more accessible. The DOJ stated that the ADA’s requirements should apply to all goods and services offered by public accommodations, including those provided online.

Up to this point, the absence of clear standards has caused confusion about what “ADA compliance” means for online content. This has led to inconsistent rulings in federal courts and has caused many businesses, numbering in the tens of thousands, to face predatory litigation.

The Department of Justice and Web Accessibility

The DOJ, responsible for enforcing parts of the ADA, recently explained its stance on website accessibility. In March 2022, they shared guidelines on this topic. They emphasized that the ADA’s rules do apply to online content.

However, they didn’t set clear standards for what makes a website compliant. In fact, the DOJ mentioned they don’t have a detailed set of rules. Still, they believe the ADA’s general principles of fairness and clear communication should apply to websites.

Despite this, the DOJ’s March 2022 guidelines didn’t spell out clear options or ways businesses can make sure their websites are accessible. They only cited third-party resources, which do not have the force of law.

WCAG is the Golden Standard for Web Accessibility

In the absence of set standards, the Web Content Accessibility Guidelines (WCAG 2.0 & 2.1) Level A.A. has become the go-to standard. Many federal courts recognize WCAG as a trusted guideline for making websites accessible. In fact, many website-related lawsuits end with an agreement to follow WCAG standards.

Although WCAG is widely respected, it’s not legally binding. A private international industry group, not a government body, creates and maintains these guidelines.

DOJ Proposes New ADA Web Accessibility Rule

On July 25, 2023, the 33rd year since the ADA was introduced, the DOJ proposed a rule to improve online services offered by state and local governments more accessible.

This marks the first time in the history of the ADA that the DOJ has proposed rule on website accessibility. The DOJ recognizes that many online services have left out people with disabilities in the past. This new rule aims to set clear guidelines for all state and local government programs, services, and activities accessible.

What Does the New Ruling Include?

The proposed rule is expected to give clear technical guidelines on how to make websites more accessible. According to a White House statement, this will include adding text descriptions of images for those using screen readers, putting captions on videos, and allowing keyboard-only navigation for those with limited mobility.

President Joe Biden shared on X (formerly Twitter): “Our Administration’s new proposed web accessibility rule will improve online accessibility to state and local services for nearly 50 million people with vision, hearing, cognitive, and manual dexterity disabilities – One more step towards a more inclusive and accessible America”.

The details of this rule will be available in the Federal Register. The public can share their thoughts on it for 60 days at regulations.gov

Impact of the New ADA Web Accessibility Rule

The new rule will affect public programs and services like employment, education, voting, healthcare, and transportation schedules. Its primary goals are to:
1. Students with disabilities can fully understand and access their class materials, even in advanced subjects like math and science.
2. Upgrade voter registration websites so that those with disabilities can easily sign up on their own.
3. Provide better online information about buses and trains to assist people with disabilities in commuting.
During a press conference, Associate Attorney General Vanita Gupta emphasized, “[I]t is now more important than ever to ensure that there are clear standards for what state and local programs must do to make their online programs, services, and activities accessible to people with disabilities.”

What Online Businesses Must Keep in Mind

The DOJ has introduced a new rule aimed at making sure everyone, including those with disabilities, can use online content easily and fairly. This rule not only sets a clear legal standard but also addresses other online accessibility issues. This includes the role of third-party content creators, when making a website accessible might be too difficult, and grace periods for fixing sites.

Right now, this rule is only for state and local government groups under Title II of the ADA. However, private businesses, often covered by Title III, might soon have to follow similar standards. So, private companies should keep an eye on this rule as it might hint at future regulations for them.

Preparing for the Future with 216digital

Regardless of where you are on your journey, we’re here to help. At 216digital, we can help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms. To learn more about how the ADA experts at 216digital can help build an ADA WCAG 2.1 compliance strategy to achieve ongoing, real-world accessibility on your terms, schedule a complementary ADA Strategy Briefing today.
Greg McNeil

October 5, 2023

216digital, ADA Compliance, ADA Web Accessibility

Accessibility, ADA Compliance, ADA non-compliance, ADA Website Compliance, Website Accessibility
Heading Towards Web Accessible Content
Content is the backbone of your website. You’ve crafted a brilliant website or churned out stellar content, but have you ever paused to consider if everyone can access and experience it? If your website’s content is not easy to find, navigate, and consume, you risk losing visitors and potential earnings.

The importance of having web accessible content and structure can’t be stressed enough. If you’re new to this concept, fret not! This article shares the basics of building user-friendly web page content, from accessible headings to typography.

Semantic HTML

Have you ever wondered how screen readers help visually impaired users navigate websites? It all boils down to the magic of Semantic HTML.

HTML, or HyperText Markup Language, is the foundation of your website. It’s the code behind the scenes that structures your website’s content. Using semantic HTML elements correctly is like setting a well-organized table for dinner: everything is in its right place, and the guests know where to find what they need.

What is Semantic HTML?

Semantic HTML enhances the accessibility and user-friendliness of web content. It gives context and meaning to web page content using tags that align with human language and logic instead of non-semantic tags, which are meant solely for computer interpretation and don’t hold inherent human meaning.

Take the tag <p> for instance. This semantic tag denotes that a specific text block is a standalone paragraph, providing users with clarity about the text’s structure and informing the browser on how to present it. On the other hand, non-semantic tags like <b>, which merely instructs that the text be bold, dictate only visual presentation without conveying additional contextual significance.

Why Semantic HTML Matters

Well-structured and semantically sound HTML aids search engines and assistive tools like screen readers in deciphering the nature and context of the content you’re sharing. Such HTML constructs make it simpler for browsers and accessibility technologies to grasp the meaning and interrelations within your website content.

To illustrate, through semantic HTML, screen readers can identify the hierarchy of headers on a page (from <h1> to <h6>), determine where the webpage or section footer (<footer>) is, or discern added navigation aids (<nav>) in data tables.

With such semantic guidance in HTML, people using assistive technologies will be able to comprehend the layout and intent of your web content. In fact, heading navigation is very common. The 2021 Screen Reader User Survey by WebAIM, shows that 67.7% of users use headings to find information.

Page Formatting

A well-structured webpage isn’t just visually appealing; it’s easier to understand and navigate. Think of your website as a book. It becomes easier to follow with a proper table of contents and clear headings.

What are Headings?

One of the fundamental elements in creating web accessible content is the proper use of headings. Headings aren’t just big, bold text. They’re the signposts that guide readers through your content. Think of headings as the chapter titles in a book. You wouldn’t flip open a book and find chapters named randomly. Similarly, your web content should be clearly labeled in your HTML markup.

A clear, well-structured heading system aids those using assistive technology and benefits your average reader by allowing them to skim and understand the flow of your content quickly.

What Does “Hierarchical” Mean?

At its core, a hierarchical structure means organizing content in a specific order or rank. In the context of a webpage, this refers to the arrangement of headings from most to least important. For instance, just like a tree has a trunk, main branches, and then smaller branches, your content should have a main heading, subheadings, and further divisions if necessary.

The h1 is the most important heading level, while the h6 is the least. For example, you will use h1 for the page title, whereas h2 would be a subheading and so forth if needed. The hierarchical structure allows both readers and screen readers to navigate through content easily.

One h1 per Page

The cardinal rule of web accessibility is that there should be only one main heading (h1) per page. Like a book’s title, this serves as the page’s main topic or purpose. Subtopics or related points should be categorized under subheadings like h2, h3, etc.

Having multiple h1s on a web page is bad practice for accessibility and SEO. It creates a flat and meaningless structure. However, it’s not a WCAG 2 AA violation.

WCAG on Headings

The Web Content Accessibility Guidelines (WCAG) is the go-to standard for web accessibility. However, WCAG is not very specific on its requirements for headings.

However, a few WCAG 2 AA criteria do specifically address headings and structures. For instance:
- Success Criterion 2.4.6 Headings and labels: Ensure headings and labels aid users in navigating content and understanding their current location by clearly describing the topic or objective
- Success Criterion 3.2.3 Consistent Navigation Level: When navigation elements are repeated across different pages within a site, they should maintain a consistent order unless the user decides to alter it.
- Success Criterion 1.3.1 Info and Relationships: The information and its structural relations provided visually should also be discernible through its code. This implies the necessity of using the correct HTML tags, like h1 through h6, to represent heading levels.
In essence, headings should be used to define content clearly and should be applied in a consistent and meaningful manner. Doing so aids all users, especially those using screen readers, in navigating and comprehending a website more effectively.

What Makes Good Heading Text?

A screen reader user can access a list of headings and skim through them to decide where to start reading on a webpage. While there is no accessibility requirement for the length of a heading text, usability is a factor to consider.

Making complete paragraphs into headings results in a horrible screen reader experience. Write concise, meaningful headings that provide insight into the content.

When you are generating your headings, ask yourself the following:
- Does the header describe the content being discussed?
- Are you able to skim the content using only headings?
- Does every page have a clear and unique heading above the content?
Headings in Design

Here are some factors to consider when incorporating headings into your website’s design.

Using Heading Labels for Styling

When used appropriately, headings guide the reader through the content, highlighting the main topics and their relative importance. However, choosing heading levels based on their visual appearance or sizing rather than their semantic meaning is a common mistake.

For example, using an h2 tag simply because it looks “right” visually rather than because it denotes the second level of importance or hierarchy is misguided. This can confuse both users and assistive technologies, making content less accessible.

All Caps

Using all capital letters makes the text more challenging to read. When every word is in uppercase, it loses its unique shape and starts to look like a rectangle. Research has shown that text in all caps is particularly hard for those with dyslexia. Make life easy for your readers; avoid using all capital letters.

Crafting Web Accessible Content with 216digital

Navigating the intricacies of web accessibility can be challenging, but the rewards are immense. An accessible website is not just a legal obligation but an opportunity for your voice to be heard. Your content is valuable, and it should be accessible to everyone. If you’re still unsure where to start or how to enhance your website’s accessibility, the experts at 216digital are here to help.

If you’d like to talk further about your web accessibility initiative, Schedule a Complimentary ADA Strategy Briefing with the experts at 216digital. We will help you take the steps towards making your content web accessible on your terms by developing a strategy to integrate WCAG 2.1 compliance into your development roadmap.
Greg McNeil

October 5, 2023

216digital, ADA Compliance, ADA Web Accessibility

Accessibility, ADA Compliance, ADA Website Compliance, web development, Website Accessibility, Website Accessibility Tools
Understanding the New California Assembly Bill
Web accessibility is a topic that’s gaining significant traction in the digital landscape. If you’re a website owner, it’s essential to be aware of the ongoing changes in legislation, particularly the New California Assembly Bill. Why? Because these changes have the potential to affect your online business directly.

The New California Assembly Bill is a groundbreaking law focusing on making the web more accessible, not just for California but for everyone. But what does this mean for website owners?

What is the New California Assembly Bill?

On June 12, 2023, the California Assembly’s Judiciary Committee changed a proposed law, Assembly Bill (AB) 1757. AB 1757 has been completely revised from its original content. Initially, it proposed changes to laws associated with the court system. However, its current version has replaced that content with the language from AB 950, a bill that previously didn’t pass the house.

This change introduces new requirements for all websites and mobile apps of “business establishments” to meet certain accessibility guidelines, known as WCAG 2.1 Level AA.

The Web Content Accessibility Guidelines are internationally shared guidelines for improving web accessibility.WCAG included specific checkpoints and recommendations based on a principle-based approach to ensure all users can share the same experience regardless of disability or assistive software

But there is already well-established legislation for web accessibility. How is AB 1757 different?

Change in the Legal Landscape

While web accessibility has been a concern for many years, the new bill could profoundly change the legal landscape. By requiring conformance with WCAG 2.1, the bill would establish firm technical requirements for website accessibility. However, it would allow people with disabilities and businesses to sue third-party developers if they create non-compliant apps and websites.

People with disabilities could take legal action if a website stops them from getting the same access as everyone else. But these ideas aren’t new and already exist in legislation. So, businesses aren’t getting any unique advantages from this part of the bill. What’s really changing is that there will be more legal risks for companies and their website developers if they don’t follow the WCAG 2.1 AA guidelines.

A Supplement for California’s Unruh Act

California’s Unruh Act is a landmark civil rights bill that prevents businesses from discriminating against individuals based on sex, race, color, religion, and disability. If a company violates the Americans with Disabilities Act (ADA), it also infringes the Unruh Act. However, a recent court decision stated that the Unruh Act does not apply to online-only businesses.

With the introduction of the new California Assembly Bill, there is an extension in this space, but with a specific focus on web accessibility. The new bill supplements the Unruh Act by bringing digital spaces into the fold. It recognizes that, in today’s age, discrimination can also occur in online environments — regardless of whether those organizations have a physical office in the state.

The Impact on Online Business Owners

If you’re an online business owner, especially in California, this new bill might impact you in more ways than one:

WCAG 2.1 AA Becomes the National Standard

The bill has adopted the Web Content Accessibility Guidelines (WCAG) 2.1 AA as the de facto standard. You might face legal implications if your website or mobile app violates these guidelines.

This is a tall order considering that federal government websites only need to meet the less demanding WCAG 2.0 Level AA requirements. But according to the DOJ, many websites don’t even do that. Moreover, because all websites in the United States can be accessed in California, WCAG 2.1 AA will become the legal national standard for website accessibility.

No Transition Period

Once the bill becomes law, businesses won’t have a ‘grace period.’ Immediate compliance will be expected, so companies should be proactive in ensuring their digital platforms comply with WCAG 2.1 AA, or you might be at risk.

No Specific Provisions for Small Businesses

While accessibility is crucial, the bill doesn’t necessarily consider the potential undue hardship on small businesses. Many need more money or know-how to update their websites to meet and maintain WCAG 2.1 AA standards. Even the DOJ acknowledges that some small businesses might need more time to make these changes.

The threat of legal exposure might result in small businesses removing their websites, which could hurt their ability to drive customers to their business.

Potential Cost Increase for Web Development

One of the less-discussed implications is the potential liability for website and mobile app developers. If developers knowingly construct, license, distribute, or maintain a digital platform that fails to comply with WCAG 2.1 Level AA could be held accountable.

While this will likely incentivize developers to create compliant websites, it will also drive the cost of website development higher. This increase in pricing is due to the need for specialized skills and tools to ensure that sites and apps meet the required accessibility standards.

While upfront costs might be higher, ensuring your website is accessible can save potential litigation costs down the road. Furthermore, a more accessible website means a broader audience can engage with your content, leading to potential growth in business.

What Does This Mean For Website Owners?

If you’re a website owner, especially one with a limited understanding of web accessibility, you might feel overwhelmed. But here’s the deal:

Web and digital accessibility isn’t just about compliance; it’s about inclusivity. By ensuring your website is accessible, you’re expanding your audience base, catering to a broader demographic, and reinforcing your brand’s commitment to equality.

Yes, the initial steps toward compliance might seem daunting. And while the bill might not explicitly factor in the undue hardship on small businesses, it’s essential to recognize that accessibility is an ongoing journey, not a destination. Start with small steps:
- Educate Yourself: Understand the basics of WCAG 2.1 AA guidelines. They’re not as complex as they sound. Many online resources break them down into easily digestible recommendations.
- Seek Expertise: If you’re unsure about your website’s compliance, consider getting an accessibility audit. These audits, conducted by professionals, provide actionable recommendations.
- Developer Communication: If you’re in the process of building or revamping your website, communicate with your developers about the importance of accessibility. Remember, awareness is the first step.
Find Out If Your Website is WCAG-compliant

Recognizing the growing need for web accessibility compliance, companies like 216digital are at the forefront of web accessibility remediation. Leveraging years of experience and specialized tools, we can help you navigate the often complex waters of digital accessibility.

We will help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms so that you can focus on the other tasks on your to-do list. Not only will they ensure your website meets the required standards, but we can also guide you in maintaining this standard in the future.

If you need clarification on whether your site complies with AB 1757’s WCAG 2.1 level-AA criteria, contact 216digital for a complementary ADA Strategy Briefing. We can help determine if your website is at risk of a lawsuit and offer fast and effective ADA compliance solutions that ensure your site is accessible to everyone and reduce your risk of litigation — letting you focus on what you do best.
Greg McNeil

August 25, 2023

216digital, ADA Web Accessibility
An Insight On 2023 Digital Accessibility Lawsuits

Navigating the online marketplace as a business owner has never been more intricate. The echoing chime of “web accessibility lawsuit” has grown louder this year, and for many, the threat of a web accessibility lawsuit looms large.

Web accessibility, once a buzzword for the tech-savvy, is now a focal point for every online entrepreneur. And if the stats from 2023’s mid-year report are anything to go by, ignorance is not bliss. In fact, it’s downright risky.

Let’s dive deep into the data, exploring everything from the uptick in ADA non-compliance lawsuits to the pivotal “Dear Colleague” Letter recently released. In today’s digital world, being informed isn’t just advantageous—it’s essential.

Digital Accessibility Lawsuits Are on the Rise

The numbers are in, and they’re striking: An estimated 4,220 digital accessibility lawsuits are predicted by the end of 2023. This marks a staggering 182% rise from the 2,314 cases in 2018. This trend has shown no signs of slowing down. In fact, it’s only gaining momentum, especially in states like New York, Florida, and California.

This sunshine state has recorded a whopping 228 web accessibility lawsuit filings in just the first half of 2023. That’s a 30% increase from the 160 lawsuits filed in the first half of 2022. This trend highlights the imperative for businesses to be compliant, especially if they operate in these states.

But how can this data help online business owners? Let’s look at how websites are targeted in 2023 to help you mitigate the risk of an ADA lawsuit.

Which Industries Are Most at Risk?

From e-commerce platforms where seamless user experiences drive sales to educational institutions striving for inclusive online learning environments, the pressure to ensure equal access intensifies. With both legal implications and ethical considerations at stake, let’s delve deeper into which industries are most at risk in the current landscape.

E-commerce At The Forefront

E-commerce platforms are the usual suspects when it comes to ADA non-compliance cases. The U.S. Census Bureau’s Annual Retail Trade Survey (ARTS) highlighted a significant shift in consumer habits during the pandemic, leading to a 43% surge in e-commerce sales within its first year.

With the world shopping online more than ever, the demand for accessible e-commerce sites has never been higher. Since 2018, 406 of the top 500 e-commerce retailers have been hit with ADA digital lawsuits, with a striking 13% filed just this year.

These sites often become targets for digital accessibility lawsuits due to their vast online presence, intricate nature, ever-evolving content, and multi-platform structure. However, it’s crucial for e-commerce business owners to emphasize web accessibility, not only to avoid legal complications but also to ensure a positive customer experience.

For an in-depth look at e-commerce ADA litigation, check out our article “Retail is the Prime Target for ADA Web Accessibility Lawsuits.”

Industries in Focus: The Shift to Education

While e-commerce is a frequent target, there’s been a notable shift in the industries being targeted. In 2023, the education sector experienced a surge in legal cases, positioning it as the third most frequently sued industry. With increasing focus on accessibility within higher education and significant lawsuits against universities, this trend is expected.

The joint letter, “Dear Colleague,” from the Department of Education (DOE) and the Department of Justice (DOJ) in May 2023 delivered a comprehensive assessment of the relationship between the ADA and Section 504 and the online content produced by tertiary institutions.

This May 2023 document clarifies the requirements universities and colleges must adhere to remain ADA-compliant. Furthermore, the letter underscores the DOE and DOJ’s commitment to pursue institutions that fall short of compliance firmly. In line with the DOJ’s impending updates about online accessibility, this reinforces the importance of web accessibility in education.

Small Companies Bear the Brunt

Size doesn’t matter when it comes to ADA non-compliance. In fact, smaller companies with revenues under $25 million have been on the receiving end. They accounted for 77% of ADA non-compliance cases in the first half of 2023.

This figure will likely rise, as many large companies have already been the target of an ADA lawsuit in the past four years. They have since remediated their digital platforms and developed comprehensive accessibility initiatives.

This proves that no company is too small to be overlooked. As we enter the second half of 2023, smaller companies must begin taking action to make their online presence fully accessible. This is especially crucial as legal plaintiffs and firms shift their focus from just the large e-commerce players to a broader range.

Web Accessibility Widgets: A Double-Edged Sword?

Many businesses have adopted accessibility widgets in an attempt to meet ADA standards. However, these widgets haven’t been the magic solution many hoped for. Lawsuits against companies using these tools surged to 414 this year from 336 in 2022.

The trend of filing ADA complaints and lawsuits against companies using accessibility widgets will likely continue, as full ADA or WCAG compliance cannot be achieved using overlays or widgets alone.

One of the biggest problems with accessibility widgets is that they do not address the inherent access barriers on websites. While most of these issues are invisible to most users, they are significant barriers for people with disabilities.

Moreover, overlays can only detect 30% of web accessibility errors. Unfortunately, the WCAG guidelines are too complex for overlay tools to provide the robust modifications required. The remaining 70% of the issues are seen only through manual testing.

For more information about the risks of overlay widgets, check out our article, Why AI & Overlay Widgets Fail ADA Website Compliance.

Why the Surge in Web Accessibility Lawsuits?

The ADA’s legal scope concerning digital accessibility remains somewhat ambiguous, leaving substantial room for interpretation. Established in 1990, the ADA predates the Internet’s widespread use, leading many to believe it was solely for physical establishments. However, the digital landscape has drastically evolved since the ADA’s inception.

The Internet is indispensable today, offering avenues for communication, entertainment, goods, and services. With countless businesses operating online, inaccessible websites mean individuals with disabilities miss out on a significant societal aspect, making businesses susceptible to legal actions.

The rising number of lawsuits against companies not offering inclusive web interfaces, coupled with the DOJ’s active participation in verdicts against them, indicates the ADA’s relevance to online platforms. Notably, the DOJ’s prospective Title II regulations and President Biden’s emphasis on online accessibility in July of this year have further underscored its importance. If companies remain non-compliant, the surge in lawsuits is likely to persist.

Reduce Your Risk with 216digital

In today’s digital age, web accessibility is more crucial than ever. As an online business owner, it’s essential to recognize the significance of ADA compliance, both ethically and legally. Investing in web accessibility widens your customer base and shields you from potential legal repercussions.

Now is the time to act, as the cost of non-compliance could be detrimental.
Whether you want to protect against a frivolous ADA accessibility lawsuit or become WCAG 2.1 AA compliant, 216digital has you covered. After years of analyzing ADA lawsuits, we’ve discerned the tactics used by law firms to pinpoint websites for groundless ADA claims and how to protect businesses against them. Our team of accessibility experts can also develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms. So don’t wait any longer—find out where you stand by scheduling a complementary ADA Strategy Briefing today.

Greg McNeil

August 25, 2023

216digital, ADA Web Accessibility
Does Your Image Need Alt Text to be Web Accessible?
Images are the bread and butter for any website. You put a lot of time and effort into creating engaging visual content for your audiences. But that’s only half of the battle — making your content accessible to as many people as possible is the other half.

Despite the accelerated pace of the digital era, many businesses and organizations still lag behind in making their websites accessible to people with disabilities. This is partly due to the lack of awareness and/or technical knowledge of different web accessibility barriers and how to solve them.

What happens when your users have visual impairments? How do they receive and understand this visual information?

In this article, we answer one of the most commonly asked questions — does my image need alt text to be web accessible?

Image Types And Alternative Text

Before we analyze an image for web accessibility, we must first take a step back and think about its purpose. Is it to inform, evoke emotion, serve as a link, or just for visual appeal?

To understand how to make the image accessible for users with assistive technologies (AT) like screen readers, ask:
- “What is the message the image is trying to convey?”
- “Is the message simple or complex, emotional or actionable?”
An online tool like an image decision tree can help categorize your image. Or, think about if the image disappeared. Would you still understand the content’s meaning without it?

If the answer is yes, the image is purely decorative. However, the image is necessary if the image provides the user with valuable information and context.

Once you determine what kind of image you are working with, there are some basic web accessibility guidelines to consider.

Decorative Images

There is a lot to consider when it comes to decorative images. If you find yourself saying, “But what about X? or “How about Y?” you might need to reevaluate your image as it might not be decorative.

One of the most challenging images to categorize tends to fall in the “emotional” or “mood” category since these images are more subjective. What one person considers decorative, another might consider informative. So, use your best judgment.

Hiding Decorative Images

While decorative images can enhance visual appeal, they don’t convey any meaningful information. If the image is decorative, then programmatically, the image needs to be hidden from assistive technology.

There are several ways to hide alternative text, including using empty or null alt (alt=””), using ARIA role=” presentation”, or implementing the image as a CSS background. This will signal the AT device to ignore this image as it is not vital to understanding the content.

However, it’s important to note that an empty or null alternative text attribute is not the same as a missing attribute. If the alternative text attribute is missing, the AT device might read the file name or surrounding content instead to provide the user with more information about the image.

While aria-hidden= “true” is an option, be cautious, as it will remove the entire element from the accessibility API.

Informative Images

If you decide your image is informative, there are a lot more things to consider. Visually impaired individuals often rely on screen readers to navigate the web. These devices read out textual content, but they can’t “see” images. To bridge this gap, we must have programmatically-discernible alternative text within the website’s HTML.

Alt text is a brief description that conveys the essential information of an image. But having alternate text is not enough — it must also be meaningful. For example, the alt text for a picture of a woman baking might be” Woman baking” — does that convey the whole message? Instead, the alt text should be “Racheal Ray preparing chocolate chip cookies.”

Of course, AT users will have to listen to your alternative text, so do not go overboard. While your descriptions should paint a vivid picture for the user, limiting the number of characters to only 150 is best practice. If you need to add more context to the image, you can use other, more descriptive methods to add more detail.

To learn more about writing alt text, check out our blog post, Understanding Image Alt Text Descriptions.

Charts, Graphs, and Other Complex Images

Sometimes written copy is part of an image, such as in the case of charts, graphs, or diagrams. These images contain too much information to fit into an alt-text description. Instead, you need two parts to describe them. The first part is a short description to identify the image and, if required, the location of the long description. A long description is a textual representation of the essential information conveyed by the image.

Description Containing Structured Information

We can use the <figure> and <figcaption> to associate visible text with an image. When using <figure> and <figcaption>, the alt attribute can be more minimal, and the <figcaption> can be more expressive.

This approach provides a link next to the image that will send the user to a separate web page or a section containing a more detailed description of the image. However, the link text must clarify the destination and associate it with the image. The <figure> and <figcaption> elements can also be used for groups of images.

To identify the complex image, we can also provide accessible names to the image programmatically using the aria-describedby attribute. AT devices will ignore the image’s alt text when these attributes are present and read the ARIA label instead without forcing the users to leave the page. However, this approach can only work if the long description is text-only and does not require structural information.

Meeting Image Accessibility Standards

In an increasingly digital world, ensuring that every user, irrespective of their ability, can access and understand your content is paramount. Ignoring the significant segment of people with disabilities is not only a detriment to your brand’s inclusivity but also a missed opportunity for engagement and growth.

Partnering with 216digital takes the complexity out of the equation, providing expert guidance, tools, and techniques tailored to your needs. We understand that every aspect of your site requires thoughtful consideration, and we’re ready to assist you every step of the way. Don’t leave your web accessibility to chance; schedule a Complimentary ADA Strategy Briefing with our team today, and let us help you make your site truly accessible for everyone.
Greg McNeil

August 10, 2023

216digital, ADA Compliance, ADA Web Accessibility, Web Design, Website Accessibility

Accessibility, ADA Compliance, ADA Website Compliance, Alt text, Image Alt Text, Website Accessibility
Are Bots Sending Web Accessibility Demand Letters?
Web accessibility has increasingly become a focal point for online businesses in recent years. In the digital era, the importance of making sure every user has access to web content cannot be overstated. But what happens when this rightful concern becomes a potential legal pitfall for businesses?

A recent wave of demand letters related to web accessibility has left many business owners questioning their source. Are they from genuine concerned human plaintiffs, or are bots behind them?

What are Web Accessibility Demand Letters?

For those unfamiliar, a web accessibility demand letter is a legal notice sent to businesses alleging that their website is inaccessible according to the standards set by the Americans with Disabilities Act (ADA). If true, these businesses must take specific actions to become compliant or face potential legal action. This can not only dent their reputation but also incur substantial legal fees.

The number of businesses receiving these letters has increased exponentially in recent years. In 2022, more than 1,500 demand letters were sent per week. While many of these lawsuits are initiated by people with disabilities, many have questioned whether these letters are starting to come from bots.

The Wave of Demand Letters

Ogletree Deakins, a reputable legal firm, has recently noticed some unusual patterns in the series of web accessibility demand letters received by their clients. The consistency in the phrasing, formatting, and even the nature of the complaints has led them to question if these are genuinely from diverse plaintiffs or if there’s a more automated process at play.

According to Ogletree Deakins, bots may use artificial intelligence (A.I.) to scan websites for potential violations of the ADA quickly. This could allow plaintiffs to pursue hundreds of ADA claims at once, pressuring businesses to settle those claims before they lead to litigation.

What are Automated Tools?

Automated accessibility audits are tools designed to test websites for compliance with ADA guidelines. These tools can scan hundreds of web pages quickly to identify potential violations. Could plaintiffs use these tools to test large numbers of websites for ADA violations? The answer is yes, and here’s how.

Automated tools are efficient at identifying general issues with web accessibility, such as missing alt text for images, incorrect use of headings, or other standard HTML violations. While these tools might not catch every nuance of a site’s accessibility, they can provide a quick overview, potentially leading to web accessibility demand letters.

For more information about automated tools, check out our blog post, Are Web Accessibility Testing Tools Enough to Ensure Compliance.

The Problem with Bots Using Automated Tools

While it is conceivable that a plaintiff could use an automated tool to test websites for ADA violations, there is one major issue. Automated tools have substantial limitations.

Even the best-automated tools are prone to false positives. For example, an automated test could identify missing alt text for images. However, not all images are required to have alt text. Humans often must determine whether alt text is necessary, and A.I. is currently incapable of making those decisions.

Automated tools are a valuable part of thorough accessibility remediation. Their limitations could make them a poor tool for filing massive waves of lawsuits, exposing potential law firms to penalties for filing fraudulent claims.

However, this also brings into question whether a person with no intention to use a business’s products or services can file an ADA non-compliance lawsuit.

The Concept of a “Tester”

There have been instances where individuals, referred to as “testers“, detect ADA violations even when they have no real intention of using a business’s products or services. A prominent example is the case of Acheson Hotels, LLC v. Deborah Laufer, where the legitimacy of the plaintiff’s intent came into question.

The U.S. Supreme Court will likely weigh in on that question in the coming months. Depending on the outcome of that case, the prospect of bots generating demand letters doesn’t seem far-fetched.

But what could this mean for website owners?

What Does This Mean for Website Owners?

For online business owners, the implications are significant. If your website isn’t ADA compliant, the risk isn’t just alienating potential customers but also facing potential litigation. The growing number of demand letters and lawsuits highlights the urgency of making your website accessible to all users, including those with disabilities. However, the question remains: should businesses react to these seemingly “copycat.”

Should You React To These Copycat Claims?

With the specter of potential bot-generated demand letters and ADA lawsuits, website owners are in a precarious position. While it’s crucial not to panic, it’s equally vital to take these claims seriously. Dismissing them offhand could lead to legal complications and considerable costs.

If you receive a web accessibility demand letter:
- Consult an Expert: Before taking any steps, consult a legal expert knowledgeable in ADA compliance and web accessibility.
- Assess Your Website: Use automated and manual audits to gauge your site’s accessibility. Automated tools offer a quick overview, but human evaluations provide in-depth insight.
- Document Everything: Keep a record of all improvements and changes made to ensure accessibility. This will be beneficial in defending your business if faced with litigation.
A New Landscape for Web Accessibility

The fear of bots sending web accessibility demand letters is not unfounded. Automated tools and the emergence of “tester” lawsuits have created a new landscape that online business owners must navigate. The primary concern for businesses should be clear: make your websites accessible. Whether the threat comes from genuine users or automated tools, ensuring compliance is not just a legal necessity but also a testament to a company’s commitment to inclusivity and equality.

Partnering with Experts: 216digital

If you’ve received an ADA demand letter, we’re here to help. Through our years of experience in the trenches analyzing and studying these cases, we can determine how ADA non-compliance lawsuit firms identify their targets and how to protect your business. At 216digital, we will develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms so you can continue focusing on what matters most: running your business.
Scheduling a 15-minute complimentary website audit and consultation with our experts at 216digital.
Greg McNeil

August 8, 2023

216digital, ADA Web Accessibility

Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
ADA Web Compliance Demand Letters
As an online business owner, you’ve likely heard about the Americans with Disabilities Act (ADA). You understand its importance and that your website needs to be accessible to all users, including those with disabilities. However, when a website is found to be in violation of the ADA, its owner can face legal repercussions.

These may include receiving a demand letter.

But what should you do if you receive one? Who sends them? And how do you adequately address what is stated in the letter?

In this guide, we’ll cover everything you need to know about ADA website compliance demand letters. We’ll explain what a demand letter is, who sends them, and how to respond.

What is ADA Web Compliance?

Before we dive into the specifics of ADA web compliance demand letters, let’s first explore what ADA website compliance means. ADA stands for the Americans with Disabilities Act, which was enacted into law in 1990. This Act seeks to prohibit discrimination against people with disabilities in all public and private places open to the general public.

Although the ADA law was enacted before the internet became widely used, U.S. court decisions have extended the law’s scope to include websites and online platforms. Unfortunately, the DOJ has failed to formally adopt a set of standards or legal guidelines for what constitutes ADA web compliance, which means there is no way to absolutely stay protected from these lawsuits and demand letters. However, the disabled community has widely recognized the Web Content Accessibility Guidelines (WCAG) as the best existing standard for web inclusivity. WCAG 2.1 Level AA is the most up-to-date version of this standard.

ADA Web Compliance Demand Letters

An ADA web compliance demand letter is a legal notice sent to businesses to rectify non-compliant areas of a website. The letter aims to inform business owners that their website is not fully accessible, giving them the opportunity to correct it.

In recent years, the number of businesses receiving these letters has increased exponentially. In 2022, more than 1,500 demand letters were sent per week. This rise is partly due to heightened awareness of accessibility rights and the growing number of people with disabilities using the internet. Until equal access is provided for people with disabilities, the rate at which ADA website compliance demand letters are sent will likely continue to grow.

Who Sends ADA Web Compliance Demand Letters?

Demand letters are typically sent by an attorney representing clients with disabilities or advocacy groups who have identified ADA violations on a website. However, anyone with a disability who has been denied access to a public-facing website or digital platform can send a demand letter. These violations can range from difficult-to-use navigation menus to missing alt text and keyboard navigability.

While demand letters primarily come from attorneys, the Department of Justice (DOJ) also plays a critical role in enforcing accessibility standards. If a person with disabilities finds that a website is not accessible, they can file a complaint with the DOJ. The DOJ may then investigate and enforce action if necessary.

Who is at Risk of Receiving an ADA Web Compliance Demand Letter?

All online businesses open to the public risk receiving ADA web compliance letters, including eCommerce website owners, small businesses, large corporations, and nonprofits.

However, websites heavily reliant on visual content, such as online retailers, are among those most commonly targeted. In 2022, 2,387 businesses faced web accessibility lawsuits, and the retail industry accounted for almost 77% of cases.

While visual content is stimulating for some, images and videos may be inaccessible to certain website visitors. In fact, 58.2% of home pages are missing alternative text for images for visually impaired users. If website owners do not take proper measures to adjust their online content, the likelihood of receiving a demand letter is considerably higher.

Breaking Down the ADA Web Compliance Demand Letter

Receiving an ADA demand letter may seem intimidating, but don’t panic. While the letter isn’t a formal legal complaint or lawsuit, it serves as a warning. However, failure to take action when receiving one can lead to further legal recourse.

A typical ADA web compliance demand letter may include the following sections:

Violation Details

The ADA compliance demand letter will typically begin by explaining that your website has been assessed and found non-compliant with ADA standards. It will outline in clear language what the specific violations are. This may include thorough descriptions of accessibility barriers, such as incompatibility with screen reader technology or lack of keyboard navigability.

Request for Modifications

After highlighting the violations, the letter will contain a request for modifications you need to make to your website to achieve compliance. It might include specific WCAG checkpoints your site fails to meet and suggest remedies. For example, your website lacks sufficient contrast between text and background. In that case, the request might demand an improvement in this area.

Timeline for Achieving Compliance

The sender will specify a reasonable timeline for you to make the requested modifications. This could range from a few weeks to several months, depending on the nature and extent of the violations. It’s crucial to note this timeline and make sure you comply within the given time frame. Remember, this timeline is legally binding, and any delay can escalate the situation to a full-fledged ADA lawsuit.

Consequences

If you fail to meet the ADA web compliance demands within the stated timeline, you risk being subject to legal action. The consequences could include hefty penalties, court-ordered website modifications, and the stigma of a public ADA lawsuit. All of this could significantly impact your business’s reputation and profitability.

What to Do if You Receive a Demand Letter?

If you’ve received an ADA website compliance demand letter, it usually means someone has identified your website as ADA non-compliant. So what should you do?

Here are some steps to guide you:
- Understand the Requirements for ADA Web Compliance: Familiarize yourself with ADA website conformance standards and guidelines. WCAG 2.1 Level AA is the best measure for web accessibility.
- Seek Legal Advice: A knowledgeable attorney with experience in ADA website compliance can help you understand the legal requirements and guide you on the best course of action.
- Review the Letter and Evaluate Your Website for Compliance: Carefully review the demand letter and evaluate your website based on the violations outlined. Determine if the claims are valid and identify areas that need improvements.
- Get a Website Audit and Remediate: Hire a professional to conduct an accessibility audit of your website and make the necessary changes to achieve compliance.
- Communicate with the Plaintiff: Respond to the letter, outlining the steps you’re taking to address the issues raised. Proactive communication can help de-escalate the situation and avoid a lawsuit.
- Monitor and Maintain: ADA Web Compliance is not a one-time event. Regularly review your website to ensure ongoing compliance. This proactive approach can help prevent future demand letters.
Stay Ahead of the Curve with 216digital

ADA web compliance is not optional for online businesses. Demand letters pose a real risk and can lead to serious legal consequences if not appropriately addressed. However, with a clear understanding of ADA standards and the right support, you can take steps to rectify issues and protect your business from potential legal action.

At 216digital, we understand the complexities of web accessibility and are here to help. We offer comprehensive services that not only audit your website for accessibility but also provide solutions to meet ADA compliance requirements. Our experienced team thoroughly understands WCAG guidelines, and we can help your business implement the necessary adjustments.

Don’t wait for a demand letter to land on your desk. Get ahead of the curve and ensure your website is ADA-compliant today with 216digital by scheduling a complementary 15 minute briefing.
Greg McNeil

July 13, 2023

216digital, ADA Compliance, ADA Web Accessibility, Website Accessibility

Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
A Closer Look at Section 508
When we discuss web accessibility, Section 508 of the Rehabilitation Act often surfaces as a critical element. However, understanding its full scope and whether it applies to your website can be confusing. That’s why we want to clear the air. In this post, we will discuss everything you need to know about Section 508, from its latest revision to how it could impact your business.

What is Section 508?

In the early 1970s, American lawmakers started to become aware of the need for legislation that ensured accommodation for citizens with disabilities. The first federal law was the Rehabilitation Act of 1973.

This law was mainly concerned with how the government would support people with disabilities. It expanded approval for state vocational rehabilitation service grants, established federal accountability for research and training programs for those with disabilities, and designated government bodies, such as the Department of Health, Education, and Welfare, to coordinate disability programs.

However, it did not have anything to do with web accessibility issues. It wasn’t until the introduction of the Internet and the rise of digital services that made Section 508 a cornerstone of digital accessibility.

Section 508

In 1998, Congress revised the Rehabilitation Act of 1973 to include Section 508. Section 508 states that all federal agencies must make electronic and information technology (EIT) accessible to disabled employees and members of the public. The law applies to EIT’s development, procurement, maintenance, or use, including government websites, documents, software, and multimedia.

The Latest Revision

In March 2017, the United States Access Board revised Section 508’s accessibility requirements for information and communication technology(ICT). The update provides more specific definitions of accessibility for EIT, offering clear guidelines for developers and website owners to follow.

There are five significant changes to Section 508:
- Focus on Functionality: Organized by functionality instead of product type to keep pace with technological advances.
- WCAG Compliance: The 2017 update formally established the Web Content Accessibility Guidelines (WCAG) 2.0 as the accessibility framework for agencies. Federal websites are required to meet at least WCAG 2.1 Level A and AA compliance.
- Content Accessibility: All official agency content aimed at the general public, along with specific non-facing categories, must be accessible to those with disabilities.
- Synchronized Tools and Technology: All software and operating systems must be compatible with assistive technologies like screen readers.
- Expanded Marketplace: This combines chosen global standards such as WCAG 2.0 and aligns with the European Commission’s ICT Standards (EN 301 549) to broaden the range of accessibility solutions available.
How Does WCAG Affect Section 508?

As mentioned earlier, the latest revision of Section 508 aligns with WCAG 2.1. WCAG, or the Web Content Accessibility Guidelines, are the international standards for web accessibility developed by the World Wide Web Consortium (W3C).

So, in effect, WCAG informs the standards set forth by Section 508. WCAG is often considered the golden standard in web accessibility, and following its guidelines can be a big step toward achieving both Section 508 and ADA compliance.

How is Section 508 Different from the ADA?

The American with Disabilities Act (ADA), passed in 1990, prohibits discrimination against individuals with disabilities in all areas of public life. While Section 508 specifically deals with federal agencies, the ADA applies more broadly. It prohibits discrimination against people with disabilities in all places of public life. Title II of the ADA pertains to state and local government functions. At the same time, Title III involves private businesses and commercial entities operated by private entities.

Both acts relate to accessibility for people with disabilities but have significant differences.

Section 508

Section 508 is a set of rules that primarily apply to government entities. However, it also applies to organizations that receive federal funding. This means that government-supported institutions like museums, universities, medical centers, and programs partially federally funded must follow Section 508.

Section 508’s accessibility rules also extend to contractors or third-party workers who provide services to government bodies or federally funded organizations. Therefore, any digital platform or website associated with a federally funded entity and used by the public must meet Section 508 standards. Small businesses should consider this if they want to pursue government grants or contract work with federal agencies.

The ADA

Section 508 primarily concerns digital accessibility for federal agencies and federally funded organizations. In contrast, ADA has a broader reach, covering both physical and digital spaces across public and private sectors.

The ADA requires businesses to make accommodations for their employees and their customers so that those with a disability may not be excluded from participation in or denied services.

While court cases have interpreted the ADA to include websites as part of “public accommodations,” it does not provide specific technical guidelines like Section 508. Instead, a sharp increase in lawsuits over the last few years has confirmed that the ADA applies to websites and online applications just as much as to physical stores and offices. For example, in 2022, there were 2,387 web accessibility lawsuits filed in Federal Court and California State Court under the Unruh Act.

Does Section 508 Apply to My Business?

You might wonder if Section 508 applies to you if you’re a business owner. The answer largely depends on your business type. If you are a federal contractor, receive federal funding, or serve a federal agency, Section 508 compliance is mandatory. Consult with a legal expert to fully understand your obligations when in doubt.

If you’re not a federal agency and still want to make your website accessible, following Section 508 guidelines can be an excellent place to start. It’s always a good idea to strive for inclusivity in your business practices.

What’s the Risk of Non-Compliance?

Non-compliance with Section 508 can result in serious legal consequences.

Let’s take a look at some real-life examples:

NAD vs. Harvard and MIT

In 2015, the National Association of the Deaf (NAD) filed lawsuits against Harvard University and the Massachusetts Institution of Technology (MIT). The NAD argued that the universities failed to caption online course content, discriminating against people with hearing disabilities. Both universities settled, leading to more rigorous captioning commitments.

On November 8, 2019, the National Association of the Deaf (NAD) reached a settlement with Harvard University requiring high-quality captioning services for its publicly available online content. The settlement, memorialized in a class action consent decree, was approved by the Court on February 27, 2020. The Plaintiffs reached a similar settlement with MIT, which was approved on July 21, 2020.

NFB vs. Department of Education

Similarly, the National Federation of the Blind (NFB) filed a complaint against the United States Department of Education in 2009. The NFB claimed that one of the Department’s websites, called the U.S.A. Learns violated Section 508 because it’s inaccessible to those who rely on text-to-speech technology or Braille displays to access information.

The U.S.A. Learns, a free English-language learning website operated by the Department of Education, underscores the requirement for any government-funded online platform to comply with Section 508.

These cases highlight that non-compliance can result in time-consuming litigation, financial penalties, and damage to reputation. Prioritizing digital accessibility is critical for businesses and institutions, not only for legal compliance but also to ensure inclusiveness for all users.

Section 508 Compliance with 216digital

Understanding and implementing web accessibility guidelines, like those set out by Section 508 and WCAG, is essential for any business operating in the digital landscape today. Non-compliance can result in severe legal and financial consequences, as demonstrated by the real-life lawsuits against Harvard, MIT, and the Department of Education. But beyond compliance, embracing web accessibility is about inclusivity and fairness, ensuring all users, regardless of ability, have access to information and services.

That’s where 216digital comes into play. We understand that navigating the complex landscape of web accessibility can be daunting for businesses of all sizes. Our experienced team is equipped with in-depth knowledge of Section 508, WCAG, and ADA compliance. We offer comprehensive services to ensure your digital platforms are not only legally compliant but also inclusive and user-friendly for all users, regardless of ability.

By choosing to work with 216digital, you are not only safeguarding your business against potential legal repercussions but also championing digital inclusivity. Don’t wait until it’s too late – contact us today to ensure your website is accessible for everyone. Together, we can make the internet a more inclusive space.
Greg McNeil

July 13, 2023

216digital, ADA Compliance, ADA Web Accessibility, Website Accessibility

Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
Can ADA Web Accessibility “Testers” Sue?
As a website owner, you’ve likely heard about web accessibility and the implications of the Americans with Disabilities Act (ADA) on your digital space. Web accessibility is an integral part of the digital world, aiming to ensure that everyone, including individuals with disabilities, can access and use web content effectively.

In recent years, there has been a surge in ADA web compliance lawsuits that could impact your website and business. One key issue is the debate over whether ADA web accessibility “testers” have the legal standing to sue. This article aims to elucidate this complex issue and help you understand how it may affect your business.

The Americans with Disabilities Act and Web Accessibility

The Americans with Disabilities Act (ADA), signed into law in 1990, prohibits discrimination against individuals with disabilities in all areas of public life. However, it was initially unclear whether this act extended to websites, as they were less prevalent when the act was passed.

With the advent of the digital era, courts have gradually expanded the ADA’s scope to include websites, considering them as ‘places of public accommodation.’ This interpretation implies that websites should be accessible to individuals with disabilities, including those who have visual, auditory, or motor impairments.

In 2022, the Department of Justice (DOJ) published guidance confirming that the ADA applies to business websites. Non-compliance could expose your business to the risk of legal action, including lawsuits and fines.

The Rise of ADA Web Compliance Lawsuits

Recently, lawsuits related to ADA web compliance have become increasingly common. Many businesses, both small and large, have faced legal challenges due to the lack of accessibility of their websites. In 2023 alone, federal and state courts dealt with 4,605 lawsuits related to web accessibility.

These lawsuits argue that inaccessible websites create a discriminatory environment, depriving people with disabilities of the same opportunities afforded to those without. While many of these lawsuits are initiated by individuals with disabilities, a new group known as “testers” has emerged as a significant force.

Learn more about What You Need to Know About ADA Web Accessibility Lawsuits.

What is an ADA Web Accessibility “Tester”?

An ADA web accessibility “tester” is an individual who checks websites for ADA compliance. Their primary goal is to identify ADA violations, not necessarily to use the services or products provided on the website.

These individuals, sometimes people with disabilities themselves or professionals in accessibility consulting, are equipped with the knowledge and tools to test whether a website complies with established accessibility standards, such as the Web Content Accessibility Guidelines (WCAG).

If the tester deems the website inaccessible, they may file a lawsuit against the business. Some view this role as essential for holding companies accountable, while others see it as an opportunity for lawsuit abuse and exploitation.

What Gives Someone Ground to Sue?

Under the United States Constitution, a party must have standing to sue. ‘Standing’ is a legal term that refers to a person’s ability to demonstrate a sufficient connection to and harm from the law or action being challenged, supporting that person’s participation in the case. This requirement implies the person must allege that they attempted to access the business but were unable to or were interested in doing so but could not due to the website’s non-compliance.

In ADA lawsuits, the person suing must show that they experienced discrimination due to the website’s non-compliance. The question of standing has been a significant point of contention, especially when it comes to testers.

Can someone who has no intention of using your services or buying your products sue you because your website is not accessible?

This question brings us to a landmark case in ADA web accessibility lawsuits – Acheson Hotels, LLC v. Deborah Laufer.

Acheson Hotels, LLC v. Deborah Laufer

In late March, the case of Acheson Hotels, LLC v. Deborah Laufer became a focal point in the discussion surrounding the ADA web accessibility testers’ right to sue.

Plaintiff Deborah Laufer, a self-proclaimed “tester,” has filed over 600 lawsuits alleging ADA web accessibility violations since 2018, primarily targeting the hospitality industry.

The lower courts initially dismissed Laufer’s case against Acheson Hotels, arguing that Laufer did not intend to visit the hotel and, therefore, had not suffered any injury. However, Laufer appealed the decision, asserting that she was indeed affected by being unable to access information on the hotel’s website due to her disability. Despite acknowledging her role as a tester, Laufer argues that her motive is irrelevant.

In their brief in opposition, Laufer’s counsel referred to the text of the ADA, writing, “[…] One can readily find that a disabled person’s encounter with violations of the ADA is a real-world harm by reviewing the plain language in the findings and purposes set forth by Congress.”

The First Circuit Court of Appeals agreed and reversed the initial decision, asserting that Laufer had standing.

Supreme Court Case Takes Unexpected Turn

On March 27, 2023, the Supreme Court agreed to hear a case, but the matter took an unexpected twist. Laufer’s attorney was suspended from practicing law for defrauding hotels by lying in fee petitions and during settlement negotiations. Consequently, Laufer voluntarily dropped her lawsuit, rendering it moot. In a unanimous decision, the Supreme Court agreed.

A lawsuit can become moot when its central conflict has been resolved, as was when Laufer withdrew her claim. While the Supreme Court frequently addresses issues of standing, the Court can still address issues of mootness and the cases standing in any order it chooses.

While this particular lawsuit was declared moot, the split among the circuits regarding tester standing is still “very much alive,” and it is open to ruling on this issue in future cases.

The Future of Web Accessibility

216digital is not a law firm; we cannot provide legal advice. However, as experts in web accessibility, we understand that significant Supreme Court cases often influence the accessibility landscape. Although the Court’s ruling in Acheson Hotels, LLC v. Laufer does not alter the law, it signals the Court’s willingness to address concerns regarding the legal standing of ADA testers.

This stance may dissuade some ADA testers from initiating lawsuits, particularly against well-defended, high-profile defendants. Yet, as we’ve emphasized in previous articles, the prevalence of serious accessibility barriers is not few and far between.

With the uptick in web accessibility lawsuits each year, prioritizing web accessibility has never been more crucial. To minimize potential legal risks, online businesses must monitor their website’s accessibility and collaborate with accessibility experts to adhere to the WCAG standards.

Steps Businesses Should Take to Ensure ADA Compliance

Considering current affairs, it’s crucial that businesses ensure their websites are ADA-compliant. Here are some steps to take:
1. Audit Your Website: Conduct a thorough website audit using ADA compliance tools or hire a professional.
2. Follow WCAG Guidelines: The Web Content Accessibility Guidelines are reliable recommendations for making your website accessible. Aim for WCAG 2.1 Level AA compliance, which covers a broad range of recommendations for making web content more accessible.
3. Regularly Update Your Website: Web accessibility is not a one-time task. Regularly review and update your website to ensure ongoing compliance as guidelines and technologies evolve.
4. Train Your Team: Ensure your team understands the importance of ADA compliance. Provide them with training on maintaining accessibility during website updates and content creation.
5. Regular Monitoring: Regularly monitor your website to ensure ongoing compliance.
6. Consult with an Expert: If in doubt, consult with a web accessibility expert or lawyer specializing in ADA compliance to fully understand your legal obligations and ensure you’re doing everything necessary to comply.
Learn more about Mitigating ADA Lawsuit Risk: Affordable Solutions for Online Business.

Protect Your Online Business

ADA and web accessibility are crucial considerations for all website owners. The debate over whether ADA web accessibility “testers” can sue carries potentially significant implications. Regardless of the outcome, businesses need to strive towards full ADA compliance to avoid lawsuits and ensure a better, more inclusive user experience for all.

Find out if your website is ADA compliant today by scheduling a 15-minute complimentary website audit and consultation with our experts at 216digital. We can help determine if your website is at risk of a lawsuit and offer fast, effective ADA compliance solutions. This ensures your site is accessible to everyone, reducing your risk of litigation so you can continue focusing on what matters most: running your business.
Greg McNeil

July 10, 2023

216digital, ADA Compliance, ADA Web Accessibility, Website Accessibility

Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
The Financial Benefits of Digital Accessibility
When we consider the landscape of digital accessibility, many business leaders and web professionals grapple with the notion of cost. The perception of digital accessibility as a high-expense venture has led to a staggering reality: a mere 3% of the internet is accessible to people with disabilities. This statistic is all the more alarming given that 1.3 billion people live with a disability.

However, it’s time to rethink this perspective and perceive digital accessibility not as a financial hurdle but as an untapped goldmine. This post aims to unravel how investing in digital accessibility can magnify your website’s traffic and lead to significant cost savings.

Buckle up as we navigate the myriad benefits that this overlooked aspect of digital strategy can bring.

Increased Website Use

A major benefit of digital accessibility is the potential for direct and indirect financial gains from increased website use. For instance, web accessibility can make it easier for people to find a website, access it, and use it successfully. As a result, you increase the site’s audience and usage.

An increase in website audience can result from the following benefits of digital accessibility:

Extended Market Reach

Web accessibility refers to the inclusive practice of removing barriers that prevent interaction with, or access to, websites by people with disabilities. But did you know that an accessible website has the potential to expand your customer base significantly?

According to the CDC, about 27% of adults in the United States live with a disability. That’s a significant part of the population, all of whom have the right to engage in the services that a business can provide.

When you prioritize digital accessibility, you’re opening your business to millions of additional potential customers who could not engage with your online content. This not only benefits potential customers but also contributes to the growth of your business with an increase in sales.

By embracing this demographic, you are bound to witness a rise in customers, clients, or consumers. The extent of this increase hinges on your ability to cater to diverse levels of abilities and the reputation your company earns through its ethical business practices.

Improved SEO

A well-known fact in the digital world is that search engines favor websites that are accessible. Search engines like Google prioritize websites that are easy to navigate, have clear content, and offer an optimal user experience—things you improve when you make your website accessible.

Google’s index is like a user with vision impairment and a billion friends. It relies on text to understand images and media content. Websites providing valid alternative text to images, audio, and videos make the site easier to find, increase its ranking, and get recommended. Many of the same principles for good SEO overlap with accessibility standards like the Web Content Accessibility Guidelines (WCAG).

When your site is accessible, it’s easier for search engines to index your content, making it more findable for users and potentially improving your organic search rankings. For instance, the radio program and podcast This American Life has an audience of around 2 million each week. By offering transcripts for each episode, they boosted their search traffic by 6.86%.

Improved User Experience

An accessible website provides a better user experience for all users, not just those with disabilities. There is a misconception in the business world that accessibility is only meant to accommodate users with disabilities, but that’s not entirely true.

According to a Forrester Research Economic Impact Study commissioned by Microsoft, 252 out of 319 companies agreed that inclusive software improved usability and customer experience. Features that make a site more accessible, such as straightforward navigation, easy-to-read text, and an intuitive layout, also make it more user-friendly.

This improved user experience can increase customer satisfaction and retention. Customers who enjoy their experience on your site are more likely to return and recommend your services to others.

Enhanced Brand Reputation

In our current economic landscape, reputation can go a long way, especially regarding how a company considers members of marginalized communities. Among these communities are people with disabilities.

Being recognized as a business that takes digital accessibility seriously can help establish a strong and positive standing in the market. However, the influence of this reputation extends beyond just customers with disabilities.

Consumers who value principles of social justice will look to your company as an example of the positive change needed in society. With the increasing emphasis on accessibility, making this conscious stride is paramount.

Direct Cost Savings

Aside from the growth in site usage and customer base, many organizations realize direct cost savings from improving Web accessibility. Let’s dive into how digital accessibility can lead to immediate cost savings for your business.

Mitigating Legal Risks

The Americans with Disabilities Act (ADA) requires businesses to make their websites accessible to people with disabilities. By ensuring your website is accessible, you could mitigate frivolous ADA lawsuits, hefty fines, and negative publicity.

In recent years, there has been a sharp increase in lawsuits related to website accessibility. For example, in 2022 alone, there were 2,387 web accessibility lawsuits filed in Federal Court and California State Court under the Unruh Act. By investing in web accessibility, you reduce the risk of such legal repercussions.

Reduced Development and Maintenance Costs

While incorporating digital accessibility into your website will take time, it will result in cleaner and more efficient code. This can make the website faster and easier to maintain in the long run, saving you money on development resources. Here’s how:
- Improved accessibility diminishes maintenance needs, resulting in lower staff costs for site maintenance.
- Accessibility lowers the need for additional server resources. Reducing the need for other server resources and their associated costs.
- Eliminates the need for creating multiple site versions as accessibility enables responsive content to work on various devices.
- Reduces future expenses to adopt new technologies as accessibility utilizes cutting-edge web technologies and readiness for future advancements.
How to Make Your Business More Accessible

Making your business more accessible isn’t a one-time activity—it’s an ongoing commitment. Here are a few steps to get you started:
1. Familiarize Yourself with WCAG: The first step toward improving web accessibility is understanding the WCAG guidelines. These guidelines provide the international standard for creating accessible web content.
2. Conduct an Accessibility Audit: Hire a professional to audit your website for accessibility, or use an online tool to get an overview of the areas that need improvement.
3. Create an Accessibility Plan: Based on your audit results, create a plan to address the accessibility gaps. This plan should be integrated into your overall website design and content strategy.
4. Educate Your Team: Everyone involved in creating your website content—from writers and designers to developers—should understand web accessibility and its importance. Regular training sessions can ensure this.
5. Regularly Test for Accessibility: Making your website accessible isn’t a one-and-done deal. Regular testing can ensure that all new content meets accessibility standards.
Remember, web accessibility is an ongoing commitment, not a one-time project. By dedicating time and resources to maintaining accessibility, you are investing in the growth of your business and ensuring a better user experience for all.

The Way Forward

Digital accessibility might seem like a high upfront cost, but the benefits far outweigh the initial investment. From expanding your market reach and enhancing your brand’s reputation to reducing development costs and mitigating legal risks, accessibility has proven financially beneficial. With the right approach and a commitment to inclusivity, your website can become a powerhouse for your business, accessible to all, and profitable in the long run. So make web accessibility a priority today and reap significant financial rewards tomorrow.

To learn more about how the ADA experts at 216digital can help build an ADA WCAG 2.1 compliance strategy to achieve ongoing, real-world accessibility on your terms, schedule an ADA Strategy Briefing.
Greg McNeil

July 10, 2023

216digital, ADA Web Accessibility, Website Accessibility

Accessibility, ADA Compliance, ADA non-compliance, ADA Website Compliance, Website Accessibility

What is the American with Disability Act?

Is ADA Compliance Mandatory for Websites?

Redefining the ADA

The Department of Justice and Web Accessibility

WCAG is the Golden Standard for Web Accessibility

DOJ Proposes New ADA Web Accessibility Rule

What Does the New Ruling Include?

Impact of the New ADA Web Accessibility Rule

What Online Businesses Must Keep in Mind

Preparing for the Future with 216digital

Semantic HTML

What is Semantic HTML?

Why Semantic HTML Matters

Page Formatting

What are Headings?

What Does “Hierarchical” Mean?

One h1 per Page

WCAG on Headings

What Makes Good Heading Text?

Headings in Design

Using Heading Labels for Styling

All Caps

Crafting Web Accessible Content with 216digital

What is the New California Assembly Bill?

Change in the Legal Landscape

A Supplement for California’s Unruh Act

The Impact on Online Business Owners

WCAG 2.1 AA Becomes the National Standard

No Transition Period

No Specific Provisions for Small Businesses

Potential Cost Increase for Web Development

What Does This Mean For Website Owners?

Find Out If Your Website is WCAG-compliant

Digital Accessibility Lawsuits Are on the Rise

Which Industries Are Most at Risk?

E-commerce At The Forefront

Industries in Focus: The Shift to Education

Small Companies Bear the Brunt

Web Accessibility Widgets: A Double-Edged Sword?

Why the Surge in Web Accessibility Lawsuits?

Reduce Your Risk with 216digital

Image Types And Alternative Text

Decorative Images

Hiding Decorative Images

Informative Images

Charts, Graphs, and Other Complex Images

Description Containing Structured Information

Meeting Image Accessibility Standards

What are Web Accessibility Demand Letters?

The Wave of Demand Letters

What are Automated Tools?

The Problem with Bots Using Automated Tools

The Concept of a “Tester”

What Does This Mean for Website Owners?

Should You React To These Copycat Claims?

A New Landscape for Web Accessibility

Partnering with Experts: 216digital

What is ADA Web Compliance?

ADA Web Compliance Demand Letters

Who Sends ADA Web Compliance Demand Letters?

Who is at Risk of Receiving an ADA Web Compliance Demand Letter?

Breaking Down the ADA Web Compliance Demand Letter

Violation Details

Request for Modifications

Timeline for Achieving Compliance

Consequences

What to Do if You Receive a Demand Letter?

Stay Ahead of the Curve with 216digital

What is Section 508?

Section 508

The Latest Revision

How Does WCAG Affect Section 508?

How is Section 508 Different from the ADA?

Section 508

The ADA

Does Section 508 Apply to My Business?

What’s the Risk of Non-Compliance?

NAD vs. Harvard and MIT

NFB vs. Department of Education

Section 508 Compliance with 216digital