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Senators Push for Section 508 Update
In recent news, U.S. senators have advocated for an update to Section 508, a vital law ensuring federal websites and digital resources are accessible to all individuals, particularly those with disabilities. But why does this matter to you as a website owner, developer, or content creator? Let’s break down what Section 508 is, why web ADA compliance matters, and how an update could reshape the digital accessibility landscape.

What is Section 508?

Section 508, part of the Rehabilitation Act of 1973, is a law focused on barriers for people with disabilities. In 1998, when the internet became crucial in everyday life, Section 508 was updated to require federal government entities to make their digital services accessible to people with disabilities. Section 508 guides everything from websites and apps to PDFs and videos.

At its core, Section 508 ensures that government websites and digital content are navigable and usable for individuals with disabilities. Some examples of accessibility improvements are implementing features like screen readers for visually impaired users, captioning for those with hearing impairments, or ensuring that people with motor disabilities can navigate websites using only a keyboard.

Check out our article “A Closer Look at Section 508” for more info on Section 508.

What is Web ADA Compliance?

While Section 508 applies specifically to federal agencies, it overlaps with the Americans with Disabilities Act (ADA), particularly when it comes to website accessibility. The ADA, enacted in 1990, requires public accommodations (including businesses and organizations) to be accessible to people with disabilities. Although the ADA doesn’t mention websites, courts have increasingly interpreted its provisions to apply to the digital world.

Now, let’s introduce web ADA compliance. Website owners, especially businesses, are increasingly expected to ensure their digital spaces are as accessible as their physical ones. Some examples of accessibility improvements include ensuring websites meet specific standards, such as providing text descriptions for images (alt text), creating keyboard-friendly navigation, and ensuring that users can zoom in on text without losing content functionality.

If your website isn’t compliant, you may be at risk of legal action, not to mention alienating potential customers or clients who are unable to access your site.

Why the Push for an Update to Section 508?

The internet and technology have evolved significantly since 1998, and while Section 508 has received updates over the years, many argue that it still falls short when ensuring comprehensive digital accessibility. A U.S. Government Accountability Office report found that 48% of federal websites still fail to meet basic accessibility standards.

This failure highlights the growing need for more robust, precise guidelines reflecting the rapidly changing digital landscape. U.S. Senators Bob Casey (D-PA), Chairman of the U.S. Senate Special Committee on Aging, Ron Wyden (D-OR), Chairman of the U.S. Senate Finance Committee, John Fetterman (D-PA), and Tammy Duckworth (D-IL) are advocating for an update to Section 508. They are pushing for modernized standards that consider the latest web technologies and accessibility tools in the Section 508 Refresh Act.

For example, the original guidelines didn’t account for mobile devices or advanced multimedia content, now everyday parts of online experiences. By updating Section 508, the government hopes to set a more potent example for digital accessibility that private sector websites can follow.

Section 508 Refresh Act Proposed Updates

The Section 508 Refresh Act will bring much-needed updates to the law. Here’s what the bill will do:
- Involve People with Disabilities: Federal departments and agencies will now have to include people with disabilities—both as users of government services and information, and as government employees—in the process of acquiring and testing federal technology for accessibility.
- Improve the Complaint Process: The act will reform how complaints under Section 508 are handled and set up a new process for deciding which federal technology gets purchased, with strict accountability to ensure the technology is accessible.
- Require Regular Testing: Federal departments and agencies will need to regularly test their technology to make sure it’s accessible to both federal workers and all Americans who use federal programs and information.
- Appoint Compliance Officers: Each federal department and agency will be required to have qualified, dedicated Section 508 compliance officers to ensure the technology they buy and use is accessible.
How Does Section 508 Affect Your Website?

Although Section 508 primarily applies to federal agencies, its standards can serve as a guideline for businesses and organizations striving to meet web ADA compliance. Here’s how the push for a Section 508 update could affect website owners like you:

Rising Accessibility Expectations

The conversation around digital accessibility is growing, and consumers are becoming more educated about their rights. A more substantial Section 508 could raise the bar for accessibility standards, creating a ripple effect in the private sector. While your business may not be legally bound by Section 508, failing to meet modern accessibility standards can cause a loss of revenue and costly legal engagements.

Avoiding Legal Risks

Over the past few years, ADA-related website lawsuits have increased. Big and small businesses have received expensive lawsuits for not providing accessible websites. An update to Section 508 could bring more attention to web ADA compliance, meaning your business might face heightened scrutiny. To protect yourself, it’s a good idea to stay ahead of any legal requirements by ensuring your website is accessible to all. 216digital offers complimentary ADA risk assessments.

Improving Usability for All Users

Let’s face it: accessibility isn’t just about meeting legal standards. It’s about making your website better for everyone. When your website is accessible, it’s easier to navigate, more user-friendly, and more likely to attract a wider audience. An update to Section 508 could bring more explicit guidelines and tools that can help website owners like you make necessary improvements to usability.

What Does Digital Accessibility Look Like?

Now that you understand why the push for a Section 508 update is essential let’s dive into what digital accessibility looks like. Ensuring your website is accessible means implementing changes that benefit users with disabilities, including those who are blind, deaf, or have mobility impairments. However, these changes often improve the experience for all users.

Here are a few key accessibility features to consider for your website:

Alt Text for Images

People using screen readers rely on descriptive text for images to understand the content on the page. Someone visually impaired would only know what the image is about with alt text. Adding alt text for images isn’t just a best practice for accessibility—it’s also good for SEO, helping your images rank better in search engines.

Keyboard Navigation

Not all users can use a mouse. Many people with mobility impairments rely on keyboard navigation to move through websites. Testing for keyboard navigability (with features like tabbing and clear focus indicators) is critical for accessibility.

Captioning for Videos

People who are deaf or hard of hearing rely on captions to understand video content. Providing captions for all videos on your site is a must for web ADA compliance. Fortunately, many video platforms, like YouTube, offer automated captioning services that you can edit to improve accuracy.

Text Resizing

For users with low vision, being able to zoom in on text is essential. Test your site by zooming pages to 200% and ensure your content adjusts accordingly without breaking the layout. Text resizing is especially important for mobile users who often zoom in to read content on small screens.

Readable Fonts and Colors

Some users need help with reading specific fonts or color combinations. Use simple, easy-to-read fonts and ensure adequate contrast between text and background colors. Contrast improvements will help users with vision impairments and make your website more accessible to read for everyone.

What Can You Do as a Website Owner?

With all this in mind, what steps can you take to ensure your website meets digital accessibility standards and remains web ADA compliant?

Run an Accessibility Audit

Several online tools, such as 216digital’s Accessibility Radar, can help you identify accessibility issues on your website. By running an audit, you’ll see where your site falls short and what areas need improvement.

Learn About WCAG

The Web Content Accessibility Guidelines (WCAG) is the gold standard for digital accessibility. Familiarizing yourself with WCAG 2.2, the latest version, can be a guideline for site improvements. These guidelines cover everything from text alternatives for non-text content to ensuring your site is compatible with assistive technologies.

Work with an Accessibility Expert

If you’re unsure how to start or need help making significant changes, consider hiring an accessibility experts like 216digital. They can help ensure your website meets Section 508 and web ADA compliance standards, reducing your risk of legal issues and improving your overall user experience.

Regularly Update Your Site

Web accessibility requires ongoing maintenance. As your site grows and changes, continually check for accessibility issues. Whether adding new content, launching a redesign, or building new features, accessibility should always be a priority.

Stay Ahead of the Game

With senators pushing for an update to Section 508, there’s never been a better time to focus on digital accessibility. Not only will improving your website’s accessibility help you avoid legal risks, but it will also create a better experience for all users. Staying on top of accessibility trends and best practices is essential for any website owner, developer, or content creator. So take the time now to ensure your site is accessible—it’s not just the right thing to do; it’s good business.

Schedule a complimentary ADA Strategy Briefing to talk with one of our accessibility experts and take the next step with confidence into web accessibility.
Greg McNeil

August 28, 2024

ADA Web Accessibility

digital accessibility, Section 508, Web Accessibility, web compliance, Website Accessibility
Understanding the Limitations for Unruh Act
The Unruh Civil Rights Act (Unruh Act) is a critical piece of California legislation that ensures everyone is entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Initially passed in 1959, it is a cornerstone of California’s commitment to prohibiting discrimination based on sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation.

With the increasing number of online transactions and the expansion of e-commerce, there has been a notable rise in Unruh Act claims related to web accessibility, making it more important than ever for businesses to understand their legal obligations.

Expansion to Online Businesses

While the act initially focused on physical spaces like hotels, restaurants, and stores, its application has expanded to cover online businesses. Many online businesses, particularly those that have recently moved into the digital space, may not fully realize that their websites and apps are considered ‘places of public accommodation’ under the Unruh Act. This oversight can lead to unintentional violations and subsequent legal action.

Common Scenarios for Unruh Act Claims

Businesses that fail to comply with the Unruh Act can face serious legal consequences. The act allows individuals who have experienced discrimination to file lawsuits against offending businesses. In recent years, one of the most prominent areas of litigation under the Unruh Act has been web accessibility. Here’s a closer look at a landmark case:

Robles v. Domino’s Pizza

One of the most notable cases involving the Unruh Act is Robles v. Domino’s Pizza. In this case, Guillermo Robles, a blind man, sued Domino’s Pizza, claiming that the company’s website and mobile app were inaccessible to visually impaired users who rely on screen readers. Robles argued that this lack of accessibility violated both the Americans with Disabilities Act (ADA) and the Unruh Act.

The case eventually made its way to the Ninth Circuit Court of Appeals, which ruled in favor of Robles. The court affirmed that websites and mobile apps are considered places of public accommodation under both the ADA and the Unruh Act.

The Robles case has set a significant precedent, leading to increased scrutiny of businesses’ digital accessibility efforts. Since this ruling, numerous lawsuits have been filed against companies that fail to provide accessible online services, highlighting the importance of proactive compliance.

Statute of Limitations for Unruh Act Claims

In legal terms, the statute of limitations is a set period during which a person must file a lawsuit or claim after an event occurs. It helps protect both sides: the person bringing the case (plaintiff) and the person being sued (defendant). This time limit ensures that cases are addressed in a reasonable amount of time and prevents legal actions from dragging on forever.

Timeframes for Filing Claims

In California, the timeframe for filing a claim under the Unruh Act depends on how the claim is handled.
- Through the California Civil Rights Department (CRD): If a plaintiff wants to file a claim through the CRD, they must do so within one year from the date of the alleged discrimination.
- Privately: If the claim is filed privately, not through the CRD, the timeframe extends to two years from the date of the discriminatory act.
Consequences of Missing the Deadline

Missing the statute of limitations for an Unruh Act claim can have significant consequences. For plaintiffs, it means the loss of the opportunity to seek compensation for the harm they have suffered. This could include financial damages and the chance to force a business to change its discriminatory practices.

Missing the deadline does not absolve businesses of the underlying issue. While they may avoid a particular lawsuit, the continued failure to comply with the Unruh Act leaves them vulnerable to future claims. Moreover, the reputational damage associated with non-compliance can negatively impact customer trust and loyalty.

It’s also worth noting that businesses that repeatedly fail to comply with the Unruh Act may become targets for serial litigants—individuals who seek out violations specifically to file lawsuits. This can result in multiple lawsuits, leading to substantial legal fees, settlements, and other costs.

Protecting Your Online Business

Given the complexities and potential risks associated with the Unruh Act, online businesses must take proactive steps to ensure compliance. This is where partnering with a knowledgeable and experienced firm like 216digital can make a significant difference.

216digital’s Accessibility Services

At 216digital, we specialize in web accessibility and compliance services designed to protect businesses from the legal risks associated with the Unruh Act and other similar regulations. Our comprehensive approach includes:
- Accessibility Audits: We conduct thorough accessibility audits of your website or app to identify potential issues that could lead to Unruh Act claims. Our audits cover both automated and manual testing methods to ensure that all aspects of accessibility are addressed.
- Remediation Services: Once issues are identified, we provide expert remediation services to bring your digital properties into compliance. This includes making necessary code changes, optimizing for assistive technologies, and ensuring all content is accessible.
- Ongoing Monitoring: Compliance is not a one-time task with 216digital’s a11y.Radar service provides ongoing monitoring of your website or app to detect any new accessibility issues that may arise over time. This proactive approach helps prevent potential violations before they lead to costly lawsuits.
- Consulting and Training: We offer consulting services to help your team understand the requirements of the Unruh Act and other accessibility laws. Additionally, we provide training to ensure your team maintains compliance as you update and expand your digital presence.
By partnering with 216digital, you can protect your business from the risks of Unruh Act claims and demonstrate your commitment to inclusivity and accessibility, which can enhance your brand reputation and customer loyalty.

Wrapping Up

The Unruh Civil Rights Act is a powerful tool for protecting the rights of individuals in California, and its application to online businesses underscores the importance of web accessibility. Understanding the limitations of the Unruh Act, including the statute of limitations for filing claims, is essential for both individuals seeking to enforce their rights and businesses aiming to avoid legal pitfalls.

For businesses, the best defense against Unruh Act claims is a proactive approach to web accessibility. By working with an expert partner like 216digital, you can ensure that your online presence fully complies with the law, protecting your business from legal risks while enhancing the user experience for all visitors.
Greg McNeil

August 26, 2024

ADA Web Accessibility

digital accessibility, Unruh Act, Unruh Civil Rights Act, Web Accessibility, Website Accessibility
Digital Accessibility: Efficiency & ROI Tips
When you think about digital accessibility, what comes to mind? For many website owners and content creators, it might feel like another box to check or a task that’s too complicated to tackle without a big team and a bigger budget. But here’s the thing: making your website accessible doesn’t have to be overwhelming, and it certainly doesn’t have to break the bank. In fact, when done right, digital accessibility can offer a significant return on investment (ROI) while helping you do more with less.

Why Efficiency Matters in Digital Accessibility

Let’s start with why efficiency is so crucial. The digital landscape is ever-evolving, and keeping up with accessibility standards can feel like trying to hit a moving target. But efficiency isn’t just about working faster; it’s about working smarter. When approaching accessibility efficiently, you streamline your processes, prioritize what matters most, and maximize your resources.

Here’s why efficiency should be at the heart of your accessibility strategy:
1. Save Time and Resources: Time is money, and when you work efficiently, you save both. By focusing on high-impact areas first and using the right tools, you can make meaningful progress without wasting time on tasks that offer little value.
2. Ensure Ongoing Web Compliance: Digital accessibility isn’t a one-time fix; it’s an ongoing commitment. An efficient approach helps you maintain compliance with laws like the Americans with Disabilities Act (ADA) and stay ahead of any changes in regulations.
3. Enhance User Experience: Accessibility isn’t just about checking off boxes; it’s about creating a better experience for all users. When your website is accessible, it’s easier to navigate, more user-friendly, and ultimately, more engaging.
How to Accomplish More with Less in Digital Accessibility

So, how can your team achieve efficiency in digital accessibility? It starts with a strategic approach that leverages the right tools and focuses on what really matters. Here are some tips to help you do more with less:
1. Prioritize the Big Wins: Not all accessibility issues are created equal. Focus on fixing the most critical problems first—those that affect the largest number of users or that are legally required. By prioritizing these big wins, you can make a significant impact quickly.
2. Automate Where Possible: Automation is your friend when it comes to digital accessibility. Use automated tools to handle repetitive tasks like scanning your website for common accessibility issues. This frees up your team to focus on more complex tasks that require human judgment and creativity.
3. Standardize and Reuse Components: If your website uses consistent design patterns or templates, make sure these are accessible from the start. By creating standardized, reusable components that are already accessible, you reduce the need for rework and ensure new content is compliant from the get-go.
4. Keep Your Team Educated: Accessibility is a team effort. Make sure everyone involved in your website—from designers to developers to content creators—understands the basics of digital accessibility. This way, accessibility becomes part of your team’s workflow, not an afterthought.
5. Monitor and Adapt: Accessibility isn’t static. Regularly monitor your website to ensure it remains compliant and accessible. Stay updated on changes in accessibility standards and be ready to adapt your approach as needed.
Accelerate Accessibility with an Expert Partner

Even with the best strategies in place, tackling digital accessibility on your own can still be a challenge. That’s where an expert partner like 216digital comes in. By working with a team that specializes in web accessibility, you can accelerate your efforts, achieve better results, and ensure long-term success.

Here’s how an expert partner can help:
1. Tailored Solutions: Every website is different, and a one-size-fits-all approach to accessibility won’t cut it. 216digital offers customized solutions that address your specific needs, ensuring you’re focusing your efforts where they’ll have the most impact.
2. Experience and Expertise: Accessibility experts bring a wealth of knowledge and experience to the table. They can help you navigate the complexities of web compliance, from understanding the latest guidelines to implementing the most effective strategies.
3. Ongoing Support and Monitoring: Accessibility isn’t something you can set and forget. With ongoing support from an expert partner, you can stay on top of accessibility issues and ensure your website remains accessible over time. 216digital’s services, like their a11y.Radar monitoring service, offer continuous oversight, helping you maintain accessibility and avoid legal pitfalls.
4. Risk Mitigation: Proactively addressing accessibility issues reduces the risk of facing costly lawsuits. By partnering with experts who understand the legal landscape, you can protect your business while creating a more inclusive online presence.
The ROI of Digital Accessibility

So, what’s the return on investment for all this effort? The truth is that the benefits of digital accessibility go far beyond just avoiding legal trouble. Here’s how investing in accessibility can pay off:
1. Reach a Broader Audience: Making your website accessible means opening it up to everyone, including people with disabilities. This expands your potential audience, leading to more traffic, engagement, and conversions.
2. Enhance Your Brand Reputation: Companies that prioritize accessibility are seen as more inclusive and socially responsible. This not only enhances your brand’s reputation but also builds trust with your audience, leading to increased loyalty and customer retention.
3. Improve SEO: Accessible websites are often better optimized for search engines. By making your site easier to navigate and more user-friendly, you can improve your search rankings and attract more visitors.
4. Reduce Costs: Addressing accessibility issues early on—or even better, from the start—saves you money in the long run. You avoid the need for costly retrofits and minimize the risk of legal fees from potential lawsuits.
5. Future-Proof Your Website: As technology evolves, so do accessibility standards. By investing in accessibility now, you’re future-proofing your website, ensuring it remains relevant and compliant as new technologies and regulations emerge.
Boost Your RIO with 216digital

Digital accessibility isn’t just a legal requirement; it’s a smart business move with a substantial return on investment. By focusing on efficiency, leveraging the right tools, and partnering with experts like 216digital, you can make your website accessible to all users while maximizing your resources and boosting your bottom line.

Don’t wait until you’re facing a lawsuit or losing customers to start thinking about accessibility. Take a proactive approach now and set up a briefing with 216digital to ensure your website is fully compliant and optimized for all users. Scheduling an ADA briefing today and start reaping the benefits of a more inclusive, user-friendly website. Your users—and your ROI—will thank you.
Greg McNeil

August 23, 2024

ADA Web Accessibility

Benefits of Web Accessibility, digital accessibility, ROI, Web Accessibility, Website Accessibility
Top 9 Web Accessibility Issues and Fixes
Imagine trying to explore a website but not being able to get the information you need because the site wasn’t made with you in mind. For many people with disabilities, this is a frustrating reality.

Web accessibility isn’t just a technical requirement—it’s about making sure everyone can use your website. Whether you’re a developer, IT director, or content manager, making your website accessible is essential. By fixing common accessibility problems, you not only meet legal standards but also make your site better for everyone.

Let’s dive into the top 10 web accessibility issues and how to fix them.

1. Missing Alt Text for Images

Alt text, or alternative text, is a brief description added to images on a website. It helps people who can’t see the images understand what they are about, as the alt text is read aloud by screen readers or displayed if the image doesn’t load. When alt text is missing, people with visual impairments miss out on important information, making the website less accessible. This can lead to frustration for users and might even cause legal issues, as websites are expected to be accessible to everyone.

According to WCAG 2.1 SC 1.1.1 (Non-text Content), all non-text content, like images, needs a text alternative that serves the same purpose or provides the same information.

How to Fix:
- Add Descriptive Alt Text: For each image, write meaningful alt text that clearly describes what it’s showing or its purpose. For example, instead of just saying “Image of a dog,” say “Golden Retriever playing in a park.”
- Use Empty Alt Attributes for Decorative Images: If an image is just decorative, use an empty alt attribute (alt=””). This way, screen readers skip over these images, making navigation easier for users.
- Review and Update Regularly: Regularly check your alt text to make sure it’s still relevant, especially if you update the images or content on your site.
For more information about Alt text for images, check out our article Understanding Image Alt Text Descriptions.

2. Web Accessible Forms

Forms that are not web accessible can be a big problem for people with disabilities. When forms are not designed with web accessibility in mind, they may be hard to understand or use with assistive technologies like screen readers. For example, if a form doesn’t have clear labels or instructions, someone using a screen reader might not know what information to put in the fields. This can make it difficult or even impossible for them to complete the form.

WCAG 2.1 SC 1.3.1 (Info and Relationships)requires that the information and relationships between form elements be clear and properly coded so that assistive technologies can read and interpret them correctly.

How to Fix:
- Label Form Elements Clearly: Use the <label> tag to connect labels with each form field. This helps screen readers explain each field’s purpose. For example, use <label for=”email”>Email Address</label> with <input type=”email” id=”email”>.
- Provide Accessible Error Messages: Make sure error messages are clear and easy to understand. Use ARIA attributes like aria-live to alert users to errors and make sure screen readers can easily read the messages.
- Include Clear Instructions: Give clear instructions for filling out the form, especially for fields with specific requirements like date format or password criteria.
3. Poor Color Contrast

Low color contrast between text and background can make content hard to read, especially for users with visual impairments or color blindness. For example, light gray text on a white background is hard for many users to see.

WCAG SC 1.4.3 (Contrast – Minimum) requires a contrast ratio of at least 4.5:1 for normal text and 3:1 for large text to meet web accessibility standards.

How to Fix Color Contrast:
- Check Contrast Ratios: Use online tools like WebAIM’s Contrast Checker to make sure the color contrast between text and background meets accessibility guidelines. Aim for a contrast ratio of at least 4.5:1 for normal text and 3:1 for large text.
4. Missing Keyboard Navigation

Web keyboard navigation is a way for people to use a website just by pressing keys on their keyboard, instead of using a mouse. This is important for people who can’t use a mouse, like those with certain disabilities.

When a website doesn’t support keyboard navigation, it means that users who rely on keyboards might not be able to access all parts of the site. This is a problem because it makes the website more challenging to use for people with disabilities.

According to WCAG SC 2.1.1 Keyboard, websites need to be fully navigable using just a keyboard. This means that all buttons, links, and forms should be reachable and usable without a mouse. If a site doesn’t meet this standard, it can exclude many users and make it less accessible.

How to Fix:
- Enable Keyboard Navigation: Ensure that all interactive elements, such as links, buttons, and menus, can be accessed using only a keyboard. This includes allowing users to tab through items and activate them using the Enter or Space keys.
- Implement Proper Tab Order: Use the tabindex attribute to manage the order in which elements receive focus when tabbing. Avoid skipping focusable elements or creating confusing navigation paths.
- Use Focus Management: When interactive elements like modal dialogs or dropdown menus open, move the focus to the first interactive element within the component, and return it to the triggering element when the component closes.
5. Video and Audio Captions

Videos and audio content that lack captions or transcripts are inaccessible to users who are deaf or hard of hearing. Without captions or transcripts, these users miss out on the audio information provided in multimedia content.

WCAG SC 1.2.2 Captions (Pre-recorded) mandates that videos and audio content include captions to assist users who are deaf or hard of hearing. Without captions, these users may miss crucial information, making it more challenging for them to grasp or engage with the content fully.

How to Fix:
- Provide Captions: Make sure your videos include captions that match what people say. Start with tools like YouTube’s automatic captions, but edit them manually to ensure accuracy.
- Create Transcripts: Give users transcripts for your audio content. A transcript is a written version of what’s said in a video or audio file, including important sounds. Users can read these transcripts or use them with text-to-speech tools.
- Make Captions and Transcripts Available: Allow users to turn captions on or off and offer transcripts for download. This gives people the choice to use captions or read the text in a way that works best for them.
6. Missing Skip Links

Web accessible skip links are special links on a website that let people quickly jump past repetitive content, like navigation menus, to get to the main part of the page. This is especially helpful for people using screen readers or keyboard navigation.

If a website is missing these skip links, it can make it much harder for users to navigate, which goes against WCAG SC 2.4.1 Bypass Blocks.” This helps users quickly get to the content they need, reducing the effort required to access important content.

How to Fix Skip Links:
- Add Skip Navigation Links: Place “skip to content” links at the top of your web pages. These links should be one of the first elements in the tab order, allowing users to bypass repetitive navigation and go directly to the main content.
- Make Skip Links Visible: Ensure that skip navigation links are visible when focused. Use CSS to make them visually prominent when selected by a keyboard, so users know where they are skipping to.
7. Unclear Headings and Structure

Poorly structured headings can make it difficult for users with screen readers to understand the organization of the content. For example, if headings are not used correctly or if they are missing, users may struggle to comprehend the hierarchy and flow of the information.

WCAG SC 1.3.1 Info and Relationships requires that content structure and relationships be programmatically determined or available in text. Proper use of headings and a clear content structure ensure that users can navigate and understand the content more easily.

How to Fix:
- Use Proper Heading Tags: Implement <h1>, <h2>, <h3>, etc., in a logical order to reflect the content’s structure. The <h1> tag should represent the main title, with subsequent headings breaking down the content into logical sections.
- Ensure Headings Are Descriptive: Headings should clearly describe the content that follows, helping users understand what each section covers. For example, instead of a generic heading like “Details,” use “Product Specifications.”
- Maintain a Consistent Structure: Consistently apply heading tags across your website to create a predictable and accessible content structure, making it easier for users to navigate.
8. Inconsistent Link Text

Links with vague or repetitive text like “click here” or “read more” can be confusing for screen reader users as they lack context about the link’s destination or purpose. For example, if several links are labeled “read more,” users may not know which topic they are referring to.

WCAG SC 2.4.4 Link Purpose (In Context) requires that the purpose of each link be clear from the link text alone or from the surrounding context. This helps users understand where a link will take them and ensures that all users can navigate effectively.

How to Fix:
- Use Descriptive Link Text: Ensure that the link text clearly indicates what the link will do or where it will take the user. For instance, instead of saying “click here,” use “Download our accessibility guide.”
- Avoid Repetition: Ensure that each link’s text is unique, especially if links are close to each other. This helps users distinguish between different links and understand their destinations.
- Provide Context in Surrounding Text: If necessary, add context around the link text to clarify its purpose. However, the link text itself should still be sufficiently descriptive on its own.
9. No Focus Indicators

Web accessible focus indicators are visual cues that show which part of a website a user is currently interacting with, like when using a keyboard or a screen reader.

According to WCAG SC 2.4.7 Focus Visible, “Focus Visible,” these indicators are crucial for making websites easy to navigate. Without them, users might struggle to see where they are on the page, which can make the site hard to use, especially for people with disabilities. Proper focus indicators help everyone use a website more effectively and inclusively.

How to Fix Focus Indicators:
- Ensure Visible Focus: Use CSS to create clear, visible focus indicators for all interactive elements. For example, you can use outline: 2px solid #000; to ad a solid black outline when an element is focused.
- Customize Focus Styles: Enhance default focus styles to make them more visible, especially if the default outline blends into the background. Consider using a contrasting color or a thicker border.
How to Test for Web Accessibility Issues

Testing for web accessibility can be done using a combination of manual checks and automated tools. Let’s take a look at a quick guide:
1. Manual Testing: Use a keyboard to navigate your site and check all interactive elements. Utilize screen readers to ensure that content is read out correctly and that forms, buttons, and links are accessible.
2. Automated Tools: Use tools like WAVE, Axe, or Lighthouse to perform automated accessibility audits. These tools can quickly identify many common issues, but manual testing is still essential for thorough accessibility checks.
3. User Testing: If possible, involve users with disabilities in your testing process. They can provide valuable feedback on real-world accessibility issues that automated tools might miss.
Building a Path to Web Accessibility

Making sure your website is accessible goes beyond just checking off boxes—it’s about creating a welcoming space where everyone can connect with your content. By tackling common accessibility issues, you not only improve how people experience your site but also protect your organization from potential legal problems and open up new audience opportunities.

If you want to learn more about improving your website’s accessibility initiative, schedule a complimentary ADA strategy briefing with the experts at 216digital. We make web accessibility simple and achievable, helping you develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms.

Don’t let your website fall behind on accessibility. Let’s work together to make sure everyone can fully experience your site.
Greg McNeil

August 22, 2024

ADA Web Accessibility

Accessibility, ADA Compliance, digital accessibility, Web Accessibility, web development, Website Accessibility
Why Small Businesses Face More ADA Web Lawsuits
In the bustling world of small business, every penny counts. So, it’s no wonder that when an unexpected expense pops up, it can feel like a huge blow. One such cost that’s been increasingly affecting small businesses lately is the rise in web ADA lawsuits. These lawsuits, centered around web accessibility, are not just a concern for big corporations but have also become a significant issue for mom and pop shops. Let’s dive into why small businesses are particularly vulnerable to these lawsuits, how ADA website compliance has become a recent battleground, and what you can do to ensure your site is up to snuff.

Understanding Web Accessibility and ADA Lawsuits

Before we get into why small businesses are targeted, let’s start with the basics. The Americans with Disabilities Act (ADA) is a law designed to ensure that people with disabilities have equal access to all aspects of public life, including the digital world. Web accessibility falls under this mandate, meaning that websites need to be usable by people with various disabilities, such as vision impairments, hearing loss, or mobility issues.

In recent years, ADA lawsuits focusing on web accessibility have surged. In 2023 alone, plaintiffs filed 4,605 federal and state-filed ADA-related digital lawsuits across the United States. This trend shows no sign of slowing down, with organizations of all sizes—small businesses to Fortune 500 companies—finding themselves in litigation.

The idea is that if your website isn’t accessible to everyone, including those with disabilities, you could be breaking the law. This has led to a spike in legal actions, with plaintiffs’ lawyers targeting businesses they believe are not compliant with ADA standards.

Why Are Small Businesses Targeted by Plaintiffs’ Lawyers?

You might wonder why small businesses, especially those run by hardworking mom and pop owners, seem to be hit harder by these lawsuits than larger companies. Here are a few reasons why small businesses are often in the crosshairs:
1. Limited Resources: Small businesses often operate with tight budgets and limited staff. This means they might not have the resources to keep up with all the legal and technical requirements for web accessibility. Large corporations, on the other hand, typically have dedicated teams and budgets for compliance and legal matters.
2. Less Robust Defense: When a lawsuit is filed, it often involves extensive legal fees and time-consuming processes. Small businesses might find it harder to mount a strong defense against these lawsuits compared to larger companies that have in-house legal teams or access to experienced attorneys.
3. Higher Visibility: Many small businesses have websites that might not be as well maintained or as accessible as those of larger businesses. This makes them more noticeable targets for plaintiffs’ lawyers who are on the lookout for non-compliant sites.
4. Insurance Coverage: Small businesses might not have insurance that covers ADA-related lawsuits, or their coverage might not be comprehensive enough to handle the costs. Larger businesses are more likely to have insurance policies that include legal protections for such issues.
ADA Website Compliance: The Latest Tactic Used by Plaintiff’s Lawyers

As the internet has become a crucial part of doing business, ADA website compliance has emerged as a new tactic for plaintiffs’ lawyers. Here’s why this is happening:
1. Increased Focus on Digital Accessibility: With the rise of online shopping and digital services, accessibility issues have become more visible. Plaintiffs’ lawyers have noticed this trend and are using it as a new avenue to pursue claims.
2. Ambiguity in the Law: The ADA was enacted in 1990, long before the internet became a staple of daily life. As a result, there is some ambiguity about what constitutes compliance for websites. This lack of clear guidelines means that plaintiffs’ lawyers can argue their cases based on their interpretations of the law.
3. Settlement Potential: For many businesses, settling out of court is less costly than fighting a lawsuit. Plaintiffs’ lawyers know this and may target small businesses that are more likely to settle quickly rather than face lengthy legal battles.
4. Rising Awareness: As more people become aware of web accessibility issues, there is an increased chance of someone noticing and reporting non-compliant websites. This rising awareness has led to more lawsuits being filed.
How to Make Sure Your Small Business Website is ADA-Compliant

Now that we’ve covered why small businesses are often targeted and how ADA website compliance has become a popular legal battleground, let’s talk about what you can do to ensure your website is up to standard.
1. Understand Web Accessibility Guidelines: The Web Content Accessibility Guidelines (WCAG) are a set of standards designed to make web content more accessible. Familiarize yourself with these guidelines to understand what needs to be done. They cover aspects like text readability, alternative text for images, and keyboard navigation.
2. Conduct a Website Audit: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
3. Incorporate Accessibility Features: Make sure your website includes features that assist users with disabilities. This can include adding captions to videos, ensuring that your site is navigable by keyboard, and using descriptive link text.
4. Test with Real Users: If possible, get feedback from real users who have disabilities. Their experiences can provide valuable insights into areas where your website might need improvement.
5. Stay Informed and Up-to-Date: Web accessibility standards and best practices can evolve over time. Stay informed about any changes and make updates to your website as necessary to remain compliant.
6. Seek Professional Help: If you’re unsure where to start or need assistance, consider consulting with an accessibility expert or web developer who specializes in ADA, like 216digital. We can guide you through the process and help ensure that your website meets all necessary standards.
7. Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about web accessibility. This helps create a culture of inclusivity and ensures that accessibility remains a priority.
Protect Your Small Business With 216digital

ADA website compliance is crucial for small businesses, with significant implications that shouldn’t be overlooked. Plaintiffs’ lawyers often target mom-and-pop shops, making it essential to take proactive steps to ensure your website meets accessibility standards. By staying informed, conducting regular audits, and integrating accessibility features, you not only safeguard your business against costly lawsuits but also create a more inclusive experience for all your customers.

To ensure your website is fully compliant and accessible, consider scheduling an ADA briefing with 216digital. Our team can guide you through the complexities of web accessibility, helping you create a welcoming online space for everyone while protecting your business from potential legal risks. Don’t wait until it’s too late—reach out to us today to secure your website’s future.
Greg McNeil

August 21, 2024

ADA Web Accessibility

Accessibility, ADA Compliance, ADA Website Compliance, Small Business, Web Accessibility, Website Accessibility
2024 Mid-Year Report ADA Lawsuits Trends

As we reach the midpoint of 2024, it’s crucial for business owners, project managers, and web development teams to stay informed about trends and challenges related to ADA lawsuits, especially concerning web accessibility. In recent years, the landscape of digital accessibility has evolved significantly, impacting businesses of all sizes across various industries. This article aims to provide a comprehensive mid-year report on ADA lawsuits, upcoming trends, and proactive measures to protect your online business.

Trends in 2024 for ADA Lawsuits

As we move through 2024, the landscape of Americans with Disabilities Act (ADA) lawsuits is undergoing significant changes. Several emerging trends reflect shifts in legal practices, targets of litigation, and evolving standards in web accessibility. Here’s a comprehensive look at what you can expect in the upcoming months.

Decrease in Overall ADA Lawsuit Numbers

For the first time in years, there has been a slight decrease in the number of ADA lawsuits filed. In fact, we are anticipating to have 600 less federal court case than in 2023. This reduction is primarily due to increased judicial scrutiny. Judges now require plaintiffs and their legal teams to present more detailed and specific claims. Vague or generic allegations no longer suffice to move forward in court. This heightened scrutiny is filtering out cases deemed frivolous or opportunistic, leading to a decrease in the overall number of filings.

Impact of Recent Defense Victories

Recent defense victories in federal ADA claims have also contributed to this decline. These victories have set precedents that make it more challenging for plaintiffs to succeed with less substantiated claims. As a result, some law firms are shifting their focus to state courts, where they might perceive a higher chance of success. This shift is impacting the overall landscape of ADA lawsuits, with fewer cases reaching the federal level.

Small Companies Are in the Crosshairs

Interestingly, there has been a significant shift in the targets of ADA lawsuits. Over 66% of the lawsuits filed through June 2024 have been against companies with revenues under $25 million. In contrast, 34% have been against larger companies. This shift is a natural progression after years of lawsuits targeting major corporations. Many of the largest companies have already faced lawsuits and implemented comprehensive accessibility programs, leaving smaller businesses as the new focus for plaintiffs.

The Rise of eCommerce and ADA Violations

The rise in eCommerce, driven by changing consumer spending habits, has exposed more small and medium-sized businesses to potential ADA violations. As these businesses expand their online presence, they become more susceptible to lawsuits if their websites are not fully accessible. Smaller businesses may lack the resources or knowledge to ensure full compliance with ADA requirements, making them vulnerable targets for litigation.

Overlays Could Make You a Target Now More Than Ever

Despite significant investments in accessibility widgets, these tools often fail to reduce legal risks effectively. In fact, in 2024, plaintiffs have already filed 503 lawsuits against websites with active widgets, compared to 449 in 2023. This is a 20% increase in lawsuits against websites using widgets and screen overlays. These tools are marketed as quick fixes for accessibility issues but frequently fall short of their promises.

Common Problems with Widgets

It has been proven that accessibility widgets can create additional barriers for users with disabilities. Common problems include incompatibility with screen readers, failure to address all accessibility concerns, and even introducing new issues. These limitations highlight that relying solely on widgets is not an adequate solution for legal protection or genuine accessibility improvements. Businesses must seek comprehensive solutions to ensure their websites are fully accessible.

Evolving Legal Standards

The legal landscape surrounding web accessibility is continuously evolving. On April 8, the U.S. Attorney General signed a new rule under ADA Title II, setting clear web accessibility standards for state and local governments. This means their services, programs, and activities must now be accessible to people with disabilities. Depending on the size of their websites, these entities have two to three years to implement these accessibility standards.

Potential Changes to ADA Title III

While the current update focuses on public sector entities under ADA Title II, it could serve as a model for changes to Title III, which covers public accommodations and commercial facilities. This potential shift might lead to stricter and more uniform accessibility standards in the private sector, affecting businesses and nonprofits that interact with the public.

Increased DOJ Enforcement

The Department of Justice (DOJ) is expected to increase enforcement efforts, ensuring that businesses comply with these evolving standards. This means that businesses must stay informed about these changes and proactively work towards compliance to avoid potential lawsuits and penalties. Staying ahead of these legal standards will be crucial for businesses to minimize legal risks and enhance accessibility for all users.

The Importance of Staying Informed

Staying informed about the latest trends and legal changes in ADA compliance is crucial for businesses of all sizes. This not only helps in avoiding potential lawsuits but also ensures that businesses are accessible to all customers, enhancing their reputation and customer satisfaction. Companies should consider consulting with legal experts and accessibility professionals to stay ahead of the curve and implement best practices in web accessibility.

How to Protect Your Online Business

Navigating the complexities of ADA compliance can seem daunting, especially for those with limited knowledge of web accessibility standards. However, there are practical steps you can take to mitigate the risk of lawsuits and foster a more inclusive digital environment:

1. Conduct an Accessibility Audit

Start by conducting a comprehensive accessibility audit of your website. This involves assessing your site’s adherence to WCAG standards and identifying areas that may pose accessibility barriers. Consider engaging accessibility experts or using automated tools to assist in this process.

2. Implement Accessibility Improvements

Based on the findings of your audit, prioritize and implement necessary accessibility improvements. This may include optimizing navigation for keyboard users, providing alternative text for images, ensuring color contrast ratios comply with standards, and making multimedia content accessible.

3. Train Your Team

Educate your web development team, content creators, and digital marketers about web accessibility best practices. Training sessions can help increase awareness of accessibility guidelines and empower your team to proactively address accessibility issues in their respective roles.

4. Monitor and Maintain Accessibility

Accessibility is an ongoing commitment. Regularly monitor your website for accessibility compliance and address any new issues that arise. Incorporate accessibility checks into your regular maintenance routines to ensure ongoing compliance.

5. Seek Legal Guidance if Needed

If you receive a demand letter or face a lawsuit related to ADA non-compliance, seek legal guidance promptly. ADA litigation can be complex, and legal professionals specializing in accessibility law can provide valuable counsel and representation.

Conclusion

As we move forward in 2024, the landscape of web accessibility and ADA compliance continues to evolve. By prioritizing accessibility in your digital strategy and staying informed about legal requirements, you not only mitigate legal risks but also enhance the overall user experience for all visitors to your website. Remember, accessibility is not just a legal obligation but also a moral imperative to ensure inclusivity and equal access to information in the digital age.

For more information on ADA compliance and web accessibility best practices, schedule a complimentary ADA strategy briefing with 216digital. Together, we can create a more inclusive online environment that benefits businesses and individuals alike.

Greg McNeil

August 19, 2024

ADA Web Accessibility

ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
User Testing: A Crucial Step Towards Web Accessibility
When you think about your website, what comes to mind? Maybe it’s the design, the layout, or the content. But how often do you think about how accessible your website is to everyone, including people with disabilities? Web accessibility is not just a nice-to-have; it’s a must-have. This is where user testing comes into play. Let’s dive into what website user testing is, how it benefits web accessibility, and why it should be an essential part of your web development process.

What is Website User Testing?

Website user testing is like putting your website under a microscope to see how well it performs for real users. It involves having actual people—who could be potential users of your site—interact with your website to see how easy it is to navigate, how intuitive the design is, and how well it meets their needs. But it’s not just about looking good or being easy to use; it’s also about making sure everyone can access and use your site, no matter their abilities.

Think of it this way: You wouldn’t launch a product without testing it first, right? The same goes for your website. User testing helps you catch any issues or barriers that might prevent users from having a smooth and enjoyable experience on your site. It’s vital for web accessibility because it ensures that your website is usable for people with disabilities, which is crucial for web compliance.

How is User Testing Beneficial for Web Accessibility?

Now that we know what user testing is let’s talk about how it benefits web accessibility. Web accessibility is all about making sure that people with disabilities can use your website just as easily as anyone else. This includes people who are blind or have low vision, those who are deaf or hard of hearing, people with mobility impairments, and others.

Identifying Accessibility Barriers

One of the biggest benefits of user testing for web accessibility is that it helps you identify barriers that might prevent people with disabilities from using your site. For example, during testing, you might discover that your website’s navigation is difficult to use with a screen reader, or that your color scheme doesn’t provide enough contrast for people with low vision. These are things that might not be obvious if you’re not using assistive technologies yourself, but they can make a huge difference for someone who is.

Improving User Experience for All

Another benefit of user testing for web accessibility is that it can actually improve the user experience for everyone, not just people with disabilities. For example, adding alt text to images is crucial for people who use screen readers, but it’s also helpful for users who have slow internet connections and can’t load images. Similarly, making sure your site is keyboard navigable isn’t just important for people with mobility impairments—it can also make your site easier to use for anyone who prefers keyboard shortcuts.

Ensuring Legal Compliance

In the United States, web accessibility isn’t just a best practice—it’s also a legal requirement under the Americans with Disabilities Act (ADA). Failing to make your website accessible can lead to legal challenges and fines. By incorporating user testing into your web development process, you can ensure that your site meets the necessary accessibility standards and is compliant with the law.

Accommodating a Range of Assistive Technologies

When we talk about web accessibility, it’s important to remember that people with disabilities use a variety of assistive technologies to navigate the web. These technologies include screen readers, voice recognition software, alternative input devices, and more. To ensure your website is accessible to everyone, you need to make sure it works well with these tools.

Screen Readers

Screen readers are software programs that read the text on a screen out loud, allowing people who are blind or have low vision to access content. During user testing, it’s important to check that your website is compatible with popular screen readers like JAWS or NVDA. This includes making sure that all images have descriptive alt text, that form fields are properly labeled, and that the site is navigable using keyboard commands.

Voice Recognition Software

Voice recognition software allows people to control their computer and enter text using their voice. This can be especially helpful for people with mobility impairments. To accommodate these users, your website should have clear and simple navigation that can be easily controlled by voice commands. During testing, make sure to check that your site’s forms and menus can be accessed using voice commands.

Alternative Input Devices

Some people use alternative input devices, such as switch systems or eye-tracking technology, to navigate the web. These devices allow users to control their computers in non-traditional ways, such as by pressing a switch or moving their eyes. To make your site accessible to these users, it’s important to ensure that all interactive elements, such as buttons and links, are easy to access and operate.

Accommodating these and other assistive technologies is a crucial part of web accessibility, and user testing is the best way to make sure your site is up to the task.

What is the User Testing Process?

So, how do you actually go about user testing your website for accessibility? Here’s a simple, step-by-step process that you can follow:

Planning

Start by defining your goals for the user testing process. What do you want to learn? Are you testing a new feature, or are you trying to identify accessibility barriers? Decide which users you want to include in the testing process. It’s important to include people with a variety of disabilities, as well as people who use different assistive technologies.

Recruiting Testers

Once you’ve defined your goals, it’s time to recruit testers. Look for people who represent your target audience, including people with disabilities. You can reach out to organizations that work with people with disabilities, or you can use online platforms that connect you with testers.

Conducting the Tests

During the testing process, have your testers complete specific tasks on your website. For example, you might ask them to navigate to a particular page, fill out a form, or find specific information. Make sure to observe how they interact with your site and ask for feedback on their experience. It’s also important to test your site with a variety of devices and browsers, as accessibility issues can vary depending on the platform.

Analyzing the Results

After the tests are complete, analyze the results to identify any accessibility barriers or usability issues. Look for patterns in the feedback and prioritize the issues that are most critical to address.

Making Improvements

Based on the results of the testing, make the necessary improvements to your website. This might include adding alt text to images, adjusting the color contrast, or making your forms more accessible. Once you’ve made these changes, it’s a good idea to conduct another round of testing to make sure the issues have been resolved.

Ongoing Testing

Web accessibility is not a one-time effort—it’s an ongoing process. As you add new features or content to your site, continue to conduct user testing to ensure that your site remains accessible to everyone.

Best Practices for Web Accessibility Testing

To get the most out of your user testing efforts, here are some best practices to keep in mind:
1. Include Diverse Testers: The more diverse your group of testers, the more comprehensive your accessibility testing will be. This includes people with a variety of disabilities and those who use different assistive technologies.
2. Test Early and Often: Don’t wait until your website is finished to start testing. Incorporate user testing throughout the development process to catch accessibility issues early.
3. Use Realistic Scenarios: When conducting user tests, create realistic scenarios that your users might encounter on your site. This will give you a better sense of how your site performs in real-world situations.
4. Document Everything: Keep detailed notes on the testing process, including the issues that were identified and the changes that were made. This will help you track your progress and ensure that accessibility remains a priority.
5. Stay Up-to-Date: Web accessibility standards and technologies are constantly evolving. Stay informed about the latest developments and update your testing process accordingly.
Conclusion

User testing is a critical part of creating a website that is accessible to everyone. By incorporating accessibility testing into your web development process, you can ensure that your site meets the needs of all users, including those with disabilities. Not only does this improve the user experience, but it also helps you stay compliant with legal requirements and build a more inclusive online presence.

Remember, web accessibility is an ongoing journey, not a one-time task. Make it a priority to continuously apply best practices and conduct regular user testing. For personalized guidance on achieving web accessibility compliance, schedule a complimentary ADA strategy briefing with 216digital today. Let’s ensure your website is welcoming and usable for everyone.
Greg McNeil

August 19, 2024

ADA Web Accessibility

Accessibility testing, digital accessibility, user testing, Web Accessibility, Website Accessibility
5 Best Practices for Maintaining Web Accessibility
You’ve dedicated a lot of time and money to ensure your website is accessible to users with disabilities. But web accessibility is not just a one-time task; it’s an ongoing commitment. Once your website or app is built or remediated, how do you keep it accessible? Maintenance.

Maintenance is one of the most important pieces of the puzzle, yet it is often overlooked. By maintaining compliance with WCAG 2.1 (Web Content Accessibility Guidelines), you not only uphold inclusivity but also safeguard your site against potential legal risks.

Here, we explore five best practices for maintaining web accessibility to prevent pitfalls that may cause your site to drift into non-compliance.

Why Maintain Your Website’s Web Accessibility?

Change is a constant in online business. Websites are dynamic, with frequent updates to content, design, and functionality. Unfortunately, each change can impact accessibility. For instance, adding a new video without captions or an image without alt text can create barriers for users with disabilities. Even small changes can create new barriers, putting you in legal hot water.

Legal Compliance

ADA compliance is not just about being inclusive; it’s also about staying on the right side of the law. The ADA requires that websites be accessible to people with disabilities. Failing to meet these standards can lead to costly lawsuits. With the rise of copycat lawsuits targeting businesses for ADA violations, staying compliant is more important than ever. In 2023 alone, more than 700 lawsuits—25% of all web accessibility cases—were filed against companies previously sued for ADA violations.

So, we often hear the same question from our clients: How do we stay compliant?

1. Conduct Manual Testing and User Testing

Manual audits are crucial for maintaining ADA compliance. These audits involve a comprehensive review of your website to identify and address any accessibility issues. While automated tools can detect clear-cut technical issues, they miss out on nuances only a trained professional can spot. Accessibility experts will navigate your site, examining each element to make sure it meets WCAG 2.1 AA.

It’s a meticulous process that requires experts to use a variety of browsers and assistive technologies, such as screen readers or voice recognition software, to diagnose subtle accessibility barriers.

In every report that we conduct at 216digital, we include the steps needed to recreate non-compliant issues, including:
1. A Detailed List of Issues: Specific WCAG criteria were violated, their location on your website, screenshots and code snippets for clarity, and their severity.
2. Recommendations for Remediation: Practical solutions to remediate issues, the urgency of fixing them, and a link to exact WCAG guidelines.
3. Compliance Level: How compliant your website is with established accessibility standards.
Learn more about the importance of manual audits in our article, ‘What is Manual Testing and Remediation?’

User Testing with Individuals with Disabilities

In addition to technical audits, user testing with individuals with disabilities provides invaluable insights. These users can identify real-world accessibility barriers that automated tools might miss. Regular user testing ensures that your website is usable by everyone and helps you stay connected with your audience’s needs.

2. Automate Testing Whenever Possible

Automation can be a lifesaver when it comes to maintaining web accessibility. These tools can scan your website for common issues like missing alt text, low-contrast text, and improper heading structures—allowing your team to address them promptly.

Tips for automating testing:
- Choose the Right Tools: Several popular automated testing tools, such as WAVE, Axe, and Lighthouse, are available. These tools provide detailed reports on accessibility issues and offer suggestions for remediation.
- Continuous Integration (CI) Pipelines: Integrate accessibility checks into your CI pipelines. Every time the code is pushed, it’s automatically checked for accessibility issues. This proactive approach ensures that problems are caught and fixed before they reach your users. It also empowers developers to verify their work regularly.
216digital’s a11y.Radar Monitoring Service

If you’re looking for a more hands-off approach, consider using a monitoring service like 216digital’s a11y.Radar. Through our work in the trenches of the ADA web remediation space, we were able to reverse-engineer the process in which many of the prolific ADA non-compliance lawsuit firms identify their targets. We realized that the vast majority of cases are filed solely based on the results of automated scanning tools. That’s why we developed Accessibility Radar—to help you stay clear of their legal actions without constant oversight.

How Does a11y.Radar ADA Monitoring Work?

a11y.Radar monitors your ongoing efforts to improve accessibility, whether done by your digital team or an outside agency. You’ll get detailed reports and updates on content, code, and user experience issues that could hinder users or threaten your accessibility standards. Plus, our easy-to-use interface lets your team see current issues and manage fixes efficiently.

a11y.Radar includes:
- Site-wide Accessibility Audit
- Detailed Issues Reports
- Archived Issues Over Time
- Automated Email Risk Assessment
- Current Web Compliance Status
3. Screen Reader Validation

The best way to make sure people with disabilities can use your website is to test it with assistive technology tools like screen readers. This is similar to how you check your site on both desktop and mobile devices. Screen reader testing can cover many different situations. With some training, your QA team can handle these tests, or you could hire a third-party vendor to help. Every time you make a big update or add new content, it’s important to check the changes with a screen reader.

How to Conduct Screen Reader Testing

Screen readers like JAWS, NVDA, and VoiceOver are available. Testing your site with these tools can help you identify and fix issues that automated testing might not catch. For instance, ensure that all interactive elements are accessible via keyboard and that descriptive text is provided for links and buttons. When issues are identified, work with your development team to address them promptly. This ensures that your website remains accessible with each update.

How to Do It:
- Pre-Release Testing: Include screen reader testing as part of your pre-release checklist for major updates.
- Feedback Loop: Gather feedback from screen reader users and address any issues promptly.
- Documentation: Keep thorough documentation of screen reader test results and the steps taken to resolve any issues.
4. Provide Ongoing Training and Education

Maintaining web accessibility is a team effort. Training your team on accessibility best practices ensures everyone involved in your website’s development and maintenance is aware of their responsibilities. This includes designers, developers, content creators, and project managers.

Ongoing Education

Accessibility training should be an ongoing process. Regular workshops, webinars, and courses can help keep your team updated on the latest WCAG guidelines and technologies. There are many online resources available, such as the W3C’s Web Accessibility Initiative, which offers tutorials and guidelines on various aspects of web accessibility.

5. Integrate Accessibility into Your Workflow

Accessibility isn’t just a one-time project—it should become a part of how your company operates every day. While senior leaders and management bear the ultimate responsibility for making sure your website or app is accessible, everyone in the organization plays a role in achieving and maintaining it.

Accessibility must be seen as a priority that guides every decision. When everyone understands and embraces this goal, reaching it becomes much easier.

Here’s how you can make it happen:

Making Accessibility a Core Value

Accessibility needs to be a core value of your organization to maintain ADA compliance effectively. This means integrating accessibility into every aspect of your web development process. From the initial design phase to content creation and coding, consider how each decision will affect users with disabilities.

Support from Leadership

Make sure your company’s leaders fully understand the importance of accessibility and are committed to maintaining it. Their support is crucial for driving organizational change and allocating necessary resources.

Team Collaboration

Encourage different departments—like marketing, design, development, and customer service—to work together. Each team member should understand how they contribute to accessibility and why their role matters.

Stay Web Accessible with 216digital

Just one update to your website is enough to make it inaccessible. After months or years of hard work and money spent on accessibility, shouldn’t you put in the last-mile effort to make sure it stays that way?

Remember, accessibility is not a destination but a journey. Stay proactive, stay informed, and keep making your website a welcoming place for everyone.

216digital is happy to be an ongoing resource. While your project with us may be complete, we are still an ongoing reference and partner to help you with future projects.
Greg McNeil

August 16, 2024

ADA Web Accessibility

Accessibility monitoring, digital accessibility, Maintaining Web Accessibility, Web Accessibility, web accessibility monitoring, Website Accessibility
How Accessibility Is a Business Advantage

In today’s digital world, accessibility isn’t just about doing the right thing; it’s about gaining a competitive edge. Embracing web accessibility can open doors to new customers, boost your search engine rankings, and protect your business from potential legal risks. More than that, it enhances the overall user experience, which translates to customer loyalty and retention. Let’s explore how making your website accessible benefits your business and why you should prioritize it today.

Accessibility Drives Customer Experience and Retention

At the heart of any successful business is a strong customer experience. When you prioritize accessibility, you ensure that every visitor, regardless of their abilities, can navigate and interact with your site. Imagine a potential customer with a visual impairment trying to read your content. If your website isn’t designed with accessibility in mind, you might lose that customer before they even get to know your products or services.

By making your website accessible, you send a message that you care about all your customers. This commitment builds trust, a key ingredient in customer loyalty. When people know they can rely on your site to meet their needs, they’ll keep coming back. And repeat customers are more likely to recommend your business to others, creating a positive cycle of growth and retention.

Mitigating Legal and Reputational Risks

The legal landscape around digital accessibility is changing rapidly. In the United States, businesses are increasingly being held accountable for failing to make their websites accessible. Lawsuits related to the Americans with Disabilities Act (ADA) are on the rise, and the costs can be significant—not just in terms of fines but also in damage to your reputation.

By proactively addressing accessibility issues, you can avoid these legal headaches. More importantly, you’ll be seen as a leader in your industry, committed to inclusivity and fairness. This can boost your brand’s reputation and set you apart from competitors who may still be lagging in this area.

216digital’s web remediation services are designed to help businesses like yours stay ahead of the curve. We can help you identify potential risks and address them before they become legal liabilities, ensuring that your website is welcoming to all users.

Enhancing User Experience and Engagement

Good design is accessible design. When you make your website accessible, you’re not just helping people with disabilities; you’re improving the user experience for everyone. For instance, clear and easy-to-read fonts, intuitive navigation, and fast load times benefit all users, regardless of their abilities.

When visitors have a smooth and enjoyable experience on your site, they’re more likely to engage with your content, stay longer, and make purchases. Accessibility features like keyboard navigation, text-to-speech options, and video captions can make your content more engaging and accessible to a broader audience.

At 216digital, we focus on enhancing user experience through our comprehensive web remediation services. Our phased approach ensures that your website is not only accessible but also optimized for engagement and performance, creating a seamless experience for all users.

Expanding Your Customer Base

Did you know that over 61 million adults in the United States live with a disability? That’s 26% of the population that could be your customers—if your website is accessible. By making your site more inclusive, you can tap into this often-overlooked market.

But it’s not just about people with disabilities. Accessible websites are easier for everyone to use, including older adults, people with temporary injuries, and even those with slow internet connections. In other words, accessibility broadens your reach, allowing you to connect with a more diverse audience.

Expanding your customer base means more potential sales, and that’s a win for any business.

Cost Savings

You might think that making your website accessible is an expensive undertaking. However, consider the long-term savings. Investing in accessibility upfront can save you from costly lawsuits, as we mentioned earlier, but it can also reduce future development costs.

By incorporating accessibility into your website from the beginning, you avoid the need for expensive redesigns or retrofits later on. Plus, accessible websites are often more streamlined and efficient, which can reduce hosting and maintenance costs.

Our team at 216digital is skilled at integrating accessibility into your website in a cost-effective way. Our approach ensures that you get the most value for your investment, with no unnecessary expenses.

Improved Search Engine Ranking

Accessibility and search engine optimization (SEO) go hand in hand. Search engines like Google prioritize websites that are easy to navigate, with clear headings, alternative text for images, and fast load times—all key components of an accessible website.

When your website is accessible, it’s more likely to rank higher in search engine results. This means more visibility, more traffic, and more potential customers finding your business online.

For more information on SEO and web accessibility, check out our article “Web Accessibility and Search Engine Optimization: a Powerful Combination.”

Brand Reputation

In today’s socially conscious world, consumers are paying attention to how businesses treat their customers. Companies that prioritize accessibility are seen as forward-thinking, inclusive, and caring. This positive perception can enhance your brand reputation and attract loyal customers who appreciate your commitment to inclusivity.

When your brand is associated with positive values like accessibility, you’re more likely to stand out in a crowded market. People want to support businesses that align with their values, and accessibility is increasingly becoming a priority for many consumers.

Future-Proofing Your Business

The digital world is constantly evolving, and accessibility is no exception. What’s considered accessible today might not meet the standards of tomorrow. By making accessibility a priority now, you’re future-proofing your business against changes in technology and regulations.

Being proactive about accessibility means you’re prepared for whatever comes next. Whether it’s new laws, emerging technologies, or shifts in consumer expectations, having a solid foundation in accessibility ensures that your business can adapt and thrive.

216digital’s web remediation services are designed to help you stay ahead of the curve. Our ongoing support and a11y.Radar monitoring services ensure that your website remains compliant and accessible as standards evolve, giving you peace of mind and a competitive edge.

Wrapping Up

Accessibility isn’t just a buzzword; it’s a business advantage. From driving customer experience and retention to mitigating legal risks, enhancing user engagement, and improving your search engine rankings, accessibility offers countless benefits. It’s an investment that pays off in the form of a more inclusive, engaging, and successful website.

At 216digital, we’re here to help you unlock the full potential of web accessibility. Our comprehensive web remediation services ensure that your website is optimized for performance and engagement. Don’t miss out on the opportunity to make accessibility your business’s secret weapon.

Whether you’re just starting your accessibility journey or looking to enhance your current efforts, 216digital has the expertise and tools to help you succeed. Let’s make your website a place where everyone feels welcome.

Find out where you stand by scheduling a complementary ADA Strategy Briefing today.

Greg McNeil

August 15, 2024

ADA Web Accessibility

Accessibility, ADA Compliance, ADA Website Compliance, digital accessibility, SEO, Web Accessibility, Website Accessibility
Creating Accessible Web Forms
In today’s digital world, ensuring your content forms are accessible is more important than ever. Whether you’re a website owner, a developer, or a content creator, ensuring that everyone can use your forms is key to providing a great user experience. This article will dive into why accessible content forms matter, how to ensure your forms meet accessibility standards and tips for creating inclusive digital spaces. Let’s explore how you can make your forms better for everyone!

Why Should Content Forms Be Accessible?

Accessible content forms are crucial for several reasons:
1. Inclusivity: Everyone should have equal access to information and the ability to participate in discussions. By making your forms accessible, you’re ensuring that users with disabilities can join in the conversation just as easily as anyone else.
2. Legal Compliance: In the United States, there are legal requirements for digital accessibility under laws like the Americans with Disabilities Act (ADA). Making your forms accessible helps you stay compliant and avoid potential legal issues.
3. Broader Audience: Accessible forms reach a wider audience. More people can engage with your content when your forms are easy to navigate and use, leading to increased traffic and a better community experience.
The Importance of Accessible Forms

Accessible forms are not just about following the law—they’re about creating a better, more inclusive online environment. Here’s why it matters:
1. Improves User Experience: Accessible forms provide a smoother experience for all users. Features like clear navigation, readable text, and proper color contrast benefit everyone, not just those with disabilities.
2. Enhances SEO: Search engines favor well-structured websites that are easy to navigate. By making your forms accessible, you improve your SEO, leading to higher search rankings and more visibility.
3. Fosters Community: An inclusive forum encourages participation from a diverse group. When users feel they can easily engage with your content, they are more likely to become active members of your website.
How to Create Accessible Digital Forms

Creating an accessible digital forum involves several key steps. Here’s a breakdown to help you get started:

1. Understand the WCAG Guidelines

The Web Content Accessibility Guidelines (WCAG) are standards designed to make web content more accessible. They provide a framework for creating content that is usable by everyone, including people with disabilities. The guidelines are organized into four principles:
- Perceivable: Information must be presented in a way that all users can perceive, such as providing text alternatives for images.
- Operable: Users must be able to navigate and interact with your site using tools like keyboard navigation and screen readers.
- Understandable: Content must be easy to read and understand, with clear instructions and a consistent layout.
- Robust: Your content should work well across various devices and browsers, ensuring compatibility with assistive technologies.
2. Ensure Text Readability

Text readability is vital for all users, especially those with visual impairments or dyslexia. Here’s how you can improve it:
- Use Clear Fonts: Choose fonts that are easy to read. Avoid overly decorative fonts and ensure your text size is large enough to read comfortably.
- Provide Text Alternatives (WCAG 1.1.1): Include alt text for images, charts, and other non-text content. This helps users who rely on screen readers understand what’s in the visuals.
3. Implement Keyboard Navigation

Many users with disabilities rely on keyboards rather than mice. Make sure your forms are fully navigable using keyboard shortcuts:
- Focus Order (WCAG 2.4.3) : Ensure that users can tab through all interactive elements in a logical order.
- Keyboard Shortcuts (WCAG 2.1.1): Implement keyboard shortcuts for common actions to improve efficiency.
4. Use Descriptive Links and Buttons

Links and buttons should be easily identifiable and descriptive:
- Meaningful Link Text (WCAG 2.4.4): Avoid vague link text like “click here.” Instead, use descriptive text that tells users where the link will take them, such as “Read more about our forum guidelines.”
- Button Labels (WCAG 3.3.2) : Ensure buttons have clear labels that describe their action, like “Submit” or “Cancel.”
5. Ensure Color Contrast and Visual Elements

Good color contrast and visual elements are essential for readability:
- Contrast Ratios (WCAG 1.4.3): Use high contrast between text and background colors. Use tools like the WCAG Contrast Checker to verify that your button colors meet accessibility standards.
- Visual Cues (WCAG 1.3.3): Use visual indicators, such as icons or patterns, in addition to color to convey information. This helps users who are colorblind or have low vision.
6. Test with Real Users

Testing is crucial to ensure your forum is truly accessible:
- User Testing: Involve real users with disabilities in your testing process. Their feedback can help you identify and address accessibility issues you might not have considered.
- Automated Tools: Automated accessibility testing tools such as WAVE or Lighthouse to catch common issues. But remember that these tools can’t catch everything.
7. Stay Updated with Accessibility Trends

Digital accessibility is an evolving field. Stay informed about the latest updates and best practices:
- Ongoing Training: Regularly train your development team on accessibility best practices.
- Community Resources: Participate in accessibility forms and follow industry news to keep up with new developments.
Wrapping Up

Creating accessible web content forms is more than just meeting compliance standards—it’s about fostering a welcoming and inclusive digital space for everyone. By adhering to WCAG guidelines, enhancing text readability, ensuring keyboard navigation, and conducting regular accessibility tests, you can build a forum that all users can navigate and enjoy.

To take your commitment to accessibility to the next level, schedule a complimentary ADA strategy briefing with 216digital. Our team of experts will help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms.Start integrating these practices today to build a more inclusive and user-friendly forum for everyone. Reach out today to start making a difference!
Greg McNeil

August 14, 2024

ADA Web Accessibility

accessible forms, ADA Compliance, digital accessibility, forms, Web Accessibility, web development, Website Accessibility
Why Are Federal Web Accessibility Lawsuits Dipping in 2024?
If you’re a business owner with a website, you’ve probably heard about web accessibility lawsuits. These are legal cases where people or organizations sue companies for not making their websites accessible to everyone, including those with disabilities. In recent years, these lawsuits have been quite common, but there’s a noticeable trend so far in 2024: federal web accessibility lawsuits are on the decline.

This drop is something worth paying attention to if you manage a website. So, why exactly are there fewer of these cases, and what does this mean for you? Let’s dive into the details.

Overview of the Decrease in Federal Web Accessibility Lawsuits

Between 2023 and 2024, federal web accessibility lawsuits have significantly decreased, according to Useablenet’s 2024 Midyear Report. In fact, we anticipate a 600-case drop from last year. This change is noteworthy for anyone keeping an eye on digital accessibility and legal trends. Understanding why this decrease is happening can help you better manage your website and avoid potential legal trouble.

Increased Judicial Scrutiny Influences the Shift

One major reason for the drop in federal web accessibility lawsuits is increased scrutiny from the courts. Federal judges are now demanding more detailed and specific claims from plaintiffs. This means that simply alleging a website isn’t accessible isn’t enough. Plaintiffs must provide concrete evidence and detailed arguments to support their claims.

For example, if someone is suing a business because they believe the website isn’t accessible, they now need to show exactly how the website fails to meet accessibility standards and how it impacts them personally.

This shift means that many cases that might have been filed in the past are now getting dismissed or not even making it to court.

Judges Now Demand More Detailed Claims

The increase in judicial scrutiny is not just about being picky. It’s about ensuring that cases have a solid foundation before they proceed. Judges are looking for detailed claims that clearly outline how a website fails to comply with accessibility guidelines. They want to see specific examples and evidence showing how the lack of accessibility affects users.

This higher bar for evidence means that plaintiffs and their legal teams need to do more homework before taking a case to court. It’s not enough to say a website is inaccessible; they need to provide a thorough analysis and proof of their claims.

Recent Defense Victories Prompt Shifts to State Courts

Another factor contributing to the decrease in federal web accessibility lawsuits is recent victories by defense teams in federal ADA claims. Businesses that have successfully defended themselves against these lawsuits have shown that it’s possible to win these cases if you have a solid defense strategy.

As a result, some plaintiffs’ firms are shifting their focus from federal to state courts. State courts can have different rules and may offer a more favorable environment for plaintiffs, depending on the jurisdiction. This shift impacts the volume of federal filings, as more cases are being heard at the state level instead.

The Impact on Filing Volumes

With more cases moving to state courts and the increased difficulty of winning in federal court, the overall number of federal web accessibility lawsuits has decreased. Businesses that have been targeted in the past might find themselves facing fewer federal lawsuits, but this doesn’t mean they should let their guard down.

It’s important to note that while federal cases might be dropping, the need for web accessibility remains just as crucial. Whether the lawsuits are happening in federal or state courts, ensuring your website is accessible is key to avoiding legal issues and serving all potential customers.

Practical Steps to Improve Web Accessibility

If you’re concerned about web accessibility, here are some practical steps you can take:
1. Audit Your Website: Conduct an accessibility audit to identify any issues. You can use tools like WAVE or Lighthouse to help with this.
2. Follow Accessibility Best Practices: Familiarize yourself with the Web Content Accessibility Guidelines (WCAG) and make it a goal to achieve these standards.
3. Update Regularly: Web accessibility isn’t a one-time fix. Regularly update your website to address any new issues that arise.
4. Consult Professionals: If you’re unsure where to start, consider consulting with web accessibility experts like 216digital, who can provide guidance and support.
5. Educate Your Team: Ensure that your team understands the importance of web accessibility and is trained to implement best practices.
Stay Compliant with 216digital

As the landscape of federal web accessibility lawsuits evolves, it’s clear that staying ahead of the curve is crucial. While the decrease in lawsuits in 2024 signals a shift, web accessibility remains a vital concern for all businesses. By staying informed and proactively enhancing your website, you not only protect your business but also ensure that your site is accessible to everyone.

At 216digital, we’re here to guide you every step of the way. No matter where you are on your accessibility journey, our ADA experts can help you develop a strategy to seamlessly integrate WCAG 2.1 compliance into your development roadmap. Ready to take the next step? Schedule a complimentary ADA strategy briefing with us today to discover how we can support you in achieving ongoing, real-world accessibility tailored to your needs.
Greg McNeil

August 13, 2024

ADA Web Accessibility

ADA Lawsuits, ADA non-compliance, digital accessibility, Web Accessibility, web accessibility lawsuits, Website Accessibility
What CFOs Need to Know to Mitigate the Risk of Digital ADA Lawsuits
As the digital landscape becomes more integral to business operations, the responsibilities of a Chief Financial Officer (CFO) have expanded beyond traditional financial oversight. One area that garnered significant attention is mitigating risks associated with digital Americans with Disabilities Act (ADA) lawsuits. These lawsuits are on the rise and pose a legal threat as well as a financial and reputational one. For CFOs in Corporate America, understanding how to navigate these risks is crucial.

The Rise of Digital ADA Lawsuits

The ADA was enacted in 1990 to ensure equal access to public spaces for individuals with disabilities. While initially focused on physical locations, the ADA has evolved to include the digital realm. As more businesses operate online, websites and mobile applications are increasingly considered “public spaces” under the ADA. Companies must ensure that their digital platforms are accessible to people with disabilities.

Failure to comply with these requirements can result in costly lawsuits. In recent years, there has been a significant increase in digital ADA lawsuits, with thousands of cases filed annually. These lawsuits often target companies with websites or apps that are not accessible to individuals with disabilities, such as those with visual, auditory, or cognitive impairments.

Why CFOs Should Be Concerned About ADA Lawsuits

CFOs are responsible for managing their organization’s financial health, which includes mitigating risks that could lead to financial loss. Digital ADA lawsuits represent a significant risk for several reasons:
1. Financial Penalties: Non-compliance with ADA requirements can result in substantial fines and legal fees. These costs can quickly escalate, mainly if a company is involved in multiple lawsuits. For example, businesses that violate Title III of the ADA may face a maximum civil penalty of $75,000 for a first violation. Subsequent violations have been seen with up to a $150,000 fine.
2. Reputational Damage: In today’s socially conscious environment, failing to provide accessible digital experiences can harm a company’s reputation. Negative publicity from an ADA lawsuit can lead to losing customer trust and loyalty, ultimately affecting the bottom line.
3. Operational Disruption: ADA lawsuits can be time-consuming and disruptive to business operations. Companies may need to divert resources to address the legal proceedings and change their digital platforms.
4. Market Competitiveness: Companies prioritizing digital accessibility are better positioned to reach a broader audience, including the estimated 26% of the U.S. population living with a disability. This can provide a competitive advantage in the marketplace.
Critical Steps to Mitigating Digital ADA Lawsuit Risks

CFOs are critical in mitigating the risks associated with digital ADA lawsuits. They can help protect their organization from legal action by taking proactive steps and ensuring compliance with ADA requirements. Here are the key steps CFOs should consider:

Conduct a Comprehensive Accessibility Audit

The first step in mitigating ADA risks is to understand the current state of your organization’s digital accessibility. This involves conducting a comprehensive accessibility audit of your website, mobile apps, and other digital platforms. An audit will identify areas where your digital assets fall short of ADA compliance and provide a roadmap for remediation.

There are different types of accessibility audits, ranging from automated scans to manual testing by accessibility experts. While automated tools can quickly identify some issues, manual testing is essential for detecting more nuanced problems that automated tools might miss. A combination of both methods is often the most effective approach.

Implement a Remediation Plan

Once the audit is complete, the next step is implementing a remediation plan to address the identified issues. This plan should prioritize the most critical accessibility barriers and outline a timeline for making the necessary changes. It’s essential to involve key stakeholders, including web developers, content creators, and legal teams, in the remediation process to ensure that all aspects of digital accessibility are covered.

Establish Ongoing Monitoring and Maintenance

Digital accessibility is not a one-time project; it requires ongoing monitoring and maintenance. As your organization updates its digital platforms, new accessibility issues may arise—regular accessibility audits and monitoring tools, such as 216digital‘s a11y. Radar can help ensure that your digital assets remain compliant over time.

Ongoing monitoring is also essential for preventing frivolous ADA lawsuits. By maintaining a high level of digital accessibility, your organization can demonstrate its commitment to compliance, making it less likely to be targeted by opportunistic lawsuits.

Integrate Accessibility into Your Business Strategy

CFOs should advocate for integrating digital accessibility into the broader business strategy. This includes incorporating accessibility considerations into the design and development processes of new digital products and services. By making accessibility a core component of your organization’s digital strategy, you can reduce non-compliance risk and create a more inclusive user experience.

Stay Informed About Legal Developments

The legal landscape surrounding digital ADA compliance is continually evolving. CFOs must stay informed about changes in regulations, court rulings, and best practices for digital accessibility. This knowledge will enable you to anticipate potential risks and proactively mitigate them.

Partnering with legal experts who specialize in ADA compliance can also be beneficial. These professionals can guide the latest developments and help ensure your organization’s digital assets align with current legal requirements.

Build a Culture of Accessibility

Finally, fostering a culture of accessibility within your organization is critical to long-term compliance. This means educating employees about the importance of digital accessibility and providing them with the tools and training they need to create accessible content and experiences.

CFOs can lead by example by championing accessibility initiatives and allocating the necessary resources to support them. By embedding accessibility into your organization’s culture, you can create a sustainable approach to compliance that extends beyond the minimum legal requirements.

Wrapping Up

As CFOs in Corporate America, mitigating the risk of digital ADA lawsuits is a critical responsibility. By conducting thorough accessibility audits, implementing effective remediation plans, establishing ongoing monitoring, and integrating accessibility into the business strategy, CFOs can protect their organizations from legal, financial, and reputational harm. Moreover, by building a culture of accessibility, they can position their companies as leaders in inclusivity, ultimately driving long-term success.

Digital accessibility is not just a legal obligation; it’s a business imperative to enhance your company’s reputation, expand its customer base, and ensure compliance in an increasingly complex regulatory environment. Taking proactive steps today can save your organization from costly lawsuits and contribute to a more inclusive digital world for everyone.

Ready to take the next step? Schedule a complimentary ADA Strategy Briefing with 216digital today and start building a more accessible future for your company.
Greg McNeil

August 9, 2024

ADA Web Accessibility

ADA, ADA Compliance, ADA Lawsuit, ADA Lawsuits, digital accessibility, Web Accessibility, web accessibility lawsuits, Website Accessibility
How CTOs Can Mitigate the Risk of ADA Lawsuits
As the Chief Technology Officer (CTO) in a corporate environment, you bear a significant responsibility: overseeing the technological backbone of your organization. This Role has evolved beyond managing IT infrastructure and software development in today’s digital landscape. One critical aspect that demands your attention is digital accessibility—a legal and ethical obligation that, if neglected, can expose your organization to the growing threat of digital ADA (Americans with Disabilities Act) lawsuits.

Understanding the Digital ADA Landscape

The ADA, enacted in 1990, was initially intended to ensure that people with disabilities have equal access to public spaces. With the digital revolution, this principle has extended to the online world, mandating that websites, mobile apps, and other digital assets be accessible to all users, including those with disabilities. In recent years, lawsuits have been filed targeting companies whose digital properties are not compliant with the ADA. These lawsuits allege that inaccessible websites and apps discriminate against users with disabilities, violating the ADA’s principles.

The Rising Tide of Digital ADA Lawsuits

The number of digital ADA lawsuits has skyrocketed over the past few years. In 2023 alone, plaintiffs filed 4,605 federal and state-filed ADA-related digital lawsuits across the United States. This trend shows no sign of slowing down, with organizations of all sizes—small businesses to Fortune 500 companies—finding themselves in litigation.

What’s driving this surge? Several factors contribute:
1. Increased Awareness and Advocacy: Disability advocacy groups are more vocal than ever, raising awareness about digital accessibility issues and encouraging individuals to take legal action.
2. Legal Precedents: Courts have increasingly ruled that websites and other digital platforms are extensions of physical spaces and must be accessible under the ADA.
3. Regulatory Scrutiny: The Department of Justice (DOJ) has clarified that digital accessibility is a priority, further emboldening plaintiffs to file lawsuits, stating:
4. “…the Department has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”– US Department of Justice | Guidance on Web Accessibility and the ADA (2022)
5. Automation of Legal Processes: Some law firms leverage automation to identify non-compliant websites and initiate lawsuits at scale, making pursuing such cases more accessible and lucrative. In fact, the top 10 plaintiff law firms in 2023 account for more than 80% of all federally filed cases.
The Financial and Reputational Risks

For CTOs, the implications of a digital ADA lawsuit are significant. The financial costs can be staggering, including legal fees, settlement amounts, and the expenses associated with remediating your digital properties to meet compliance standards. Additionally, there is the risk of punitive damages, mainly if your organization is found to have willfully ignored accessibility requirements.

Beyond the financial impact, there is also the potential damage to your organization’s reputation. A lawsuit can tarnish your brand image, leading to negative press coverage and losing trust among consumers, partners, and investors. In a world where corporate responsibility and inclusivity are increasingly valued, failing to prioritize digital accessibility can undermine your organization’s standing in the marketplace.

Key Areas of Vulnerability for a ADA Lawsuits

As CTO, you must recognize the key areas where your organization may be vulnerable to digital ADA lawsuits:
1. Website Accessibility: Your organization’s website is often the primary target of ADA lawsuits. Key issues include missing alt text for images, poor keyboard navigation, and a need for compatibility with screen readers. Even minor oversights can lead to significant legal trouble.
2. Mobile Applications: With the rise of mobile-first strategies, ensuring your apps are accessible is crucial. This includes providing text alternatives for non-text content and ensuring that all interactive elements are readily usable by individuals with disabilities.
3. Digital Documents: PDFs, Word documents, and other downloadable files on your website must be accessible. This means using proper tagging, ensuring screen readers can interpret content accurately, and providing alternative formats when necessary.
4. E-commerce Platforms: If your organization operates an online store, the checkout process must be fully accessible. Issues such as inaccessible forms, missing labels, and problematic error messages can expose your organization to legal action.
5. Third-Party Integrations: Any third-party tools or plugins used on your website or app must also be accessible. Relying on non-compliant third-party solutions does not absolve your organization of liability.
Proactive Measures to Mitigate Risk

Mitigating the risk of digital ADA lawsuits requires a proactive approach. As CTO, you are pivotal in implementing strategies that ensure your digital properties are compliant and accessible. Here’s how to get started:
1. Conduct a Comprehensive Accessibility Audit: Conduct a thorough audit of your digital properties. This should include both automated and manual testing to identify accessibility issues. Automated tools can quickly highlight apparent problems, while manual testing ensures that the most nuanced matters are caught. Partnering with a firm like 216digital can give you the expertise needed to conduct a robust audit.
2. Implement Accessibility Remediation: Once the audit is complete, prioritize the remediation of identified issues. This may involve updating your website’s code, redesigning certain elements, or working with third-party vendors to ensure their tools are accessible. Remember, accessibility is an ongoing process, not a one-time fix.
3. Adopt an Accessibility-First Mindset: Integrate accessibility into your development lifecycle. This means ensuring that all new digital products and updates are designed with accessibility. Educate your development team on accessibility best practices and incorporate accessibility checks into your quality assurance processes.
4. Stay Informed on Legal and Regulatory Developments: The legal landscape surrounding digital accessibility is constantly evolving. Stay informed about the latest court rulings, DOJ guidance, and state-specific regulations that may impact your organization. This knowledge will help you anticipate potential risks and adapt your strategy accordingly.
5. Engage in Ongoing Monitoring and Maintenance: Accessibility is not a set-it-and-forget-it task. Regularly monitor your digital properties to ensure ongoing compliance. Tools like 216digital’s a11y.Radar service offers continuous monitoring, helping you stay ahead of potential issues and avoid costly lawsuits.
6. Develop an Accessibility Statement: An accessibility statement on your website demonstrates your commitment to inclusivity and transparency. It should outline your organization’s steps to ensure accessibility, provide contact information for users to report issues, and offer alternative ways to access content.
The Role of 216digital in Mitigating ADA Lawsuits

At 216digital, we understand the complexities and challenges of achieving and maintaining digital accessibility. Our comprehensive services are designed to support CTOs like you in mitigating the risk of ADA lawsuits while ensuring that your digital properties are inclusive for all users, from conducting thorough accessibility audits to providing ongoing monitoring with our a11y. Radar service offers the expertise and tools needed to safeguard your organization.

Conclusion

As a CTO in Corporate America, understanding and mitigating the risk of digital ADA lawsuits is crucial to your Role. By prioritizing accessibility, you protect your organization from legal and financial repercussions and contribute to a more inclusive digital landscape. With the right strategies and partners, you can confidently navigate this complex issue, ensuring that your digital properties are compliant, accessible, and free from the threat of costly litigation.Ready to take the next step? Schedule a complimentary ADA Strategy Briefing with 216digital today and start building a more accessible future for your organization.
Greg McNeil

August 9, 2024

ADA Web Accessibility

Accessibility, ADA Compliance, ADA Lawsuit, ADA Lawsuits, ADA Website Compliance, CTOs, web accessibility lawsuits, Website Accessibility
ADA Compliance for Videos
If you’re a website owner, developer, or content creator, you might already be familiar with the importance of making your site accessible. You might have heard about adding alt text to images or ensuring that your site is navigable using just a keyboard. But what about videos?

Videos are a powerful way to communicate with your audience, but if they aren’t accessible, you could be missing out on a large portion of your audience and might even run into legal issues. In this article, we’re diving into ADA compliance for videos, why it’s important, and how to make sure your videos are accessible to everyone.

What is ADA Video Compliance?

ADA stands for the Americans with Disabilities Act, which was passed in 1990 to prevent discrimination against individuals with disabilities. While it originally focused on physical spaces like buildings, the ADA has evolved to include digital spaces, including websites and the content they host. When we talk about ADA compliance for videos, we’re referring to making sure that your videos can be accessed and understood by everyone, including people with disabilities.

ADA compliance for videos is closely related to the Web Content Accessibility Guidelines (WCAG), which provide a set of standards for making web content more accessible. The most recent version, WCAG 2.1, lays out specific guidelines for making videos accessible.

Why is ADA Video Compliance Important?

You might be wondering why ADA video compliance is so crucial. There are a few key reasons:
1. Inclusivity: Making your videos accessible ensures that everyone, regardless of ability, can engage with your content. This isn’t just the right thing to do, it also makes good business sense. When your content is accessible, you open up your site to a broader audience.
2. Legal Requirements: The ADA requires that digital content be accessible, and failure to comply can result in lawsuits. While the law may not specifically mention videos, courts have interpreted the ADA to include all web content, including multimedia such as videos.
3. Better User Experience: Accessible videos provide a better experience for all users. Features like captions can help people understand your content in noisy environments or when they’re not able to use sound.
4. Search Engine Optimization (SEO): Adding captions, transcripts, and other accessibility features can also help with SEO. Search engines can’t watch videos, but they can read captions and transcripts, which can help your content rank better in search results.
WCAG 2.1 Video Requirements

Understanding and following WCAG guidelines can help make sure your videos meet ADA requirements. The latest version, WCAG 2.1, sets clear rules for making videos accessible, which are important for legal reasons.

WCAG 2.1 details most video-related requirements in Section 1.2. This section focuses on providing alternatives for time-based media like audio and videos. Here are the key guidelines for video content for Level A and AA:
1. 1.2.1: For prerecorded videos with no audio, there must be an audio track that gives the same information.
2. 1.2.2: Captions should be included for all prerecorded audio in videos.
3. 1.2.3: Prerecorded videos should have audio descriptions.
4. 1.2.4: Live videos should include captions for all spoken content.
5. 1.2.5: All prerecorded videos must have audio descriptions.
Tips for Creating Accessible Videos

Provide Captions for Multimedia Content

Captions are text versions of the spoken part of a video or audio. They display the dialogue, sound effects, and other audio cues. For example, if a character in a video says, “I’m going to the store,” the caption will show this text on the screen. Captions are usually placed at the bottom of the video, so they don’t cover up important parts of the visuals.

SC 1.2.2 Captions (Prerecorded) states that all prerecorded video and audio content must have captions. This helps people who can’t hear or who prefer to read understand what’s going on in the media.

Think About Your Audience When Writing Captions

Just adding captions to your videos isn’t enough. You need to ensure they’re accurate, easy to read, and truly helpful for viewers.

Here’s what your captions should do:
- Include All Dialogue and Key Sounds: Capture every word spoken in the video, and don’t forget important sounds and music—for instance, sound effects from sports events.
- Match the Audio and Video: Make sure captions sync up with what’s happening in the video. They shouldn’t lag behind someone speaking or an animation on screen.
- Be Readable: Use a font size that’s big enough for everyone to see comfortably.
- Cover All Your Videos: Add captions to every video you share, even on social media.
Watch Out for Automated Captions

When it comes to captions, it’s best to steer clear of automated tools. While AI has gotten a lot better, these automatic captions still make mistakes that can be annoying and distracting for viewers.

If you do use automated captions, make sure to check them thoroughly for errors. The ideal approach is to create your own captions and transcripts while you’re working on your video scripts.

Include Audio Descriptions

Audio descriptions are better than transcripts for people who are blind or visually impaired. Think of them like a podcast that explains what’s happening in a video. They provide information without requiring the viewer to see the screen.

Adding audio descriptions to your videos might feel a bit unusual at first, but it quickly becomes second nature. Audio descriptions are specifically created to help users with vision loss by describing the visual elements of a video. They include a voice track that fits into the pauses between dialogue and other audio; whenever you can, include audio descriptions in your videos.

Provide a Transcript

WCAG guidelines don’t require transcripts for pre-recorded videos with audio. However, if you publish videos without audio, you need to provide a detailed transcript to meet WCAG SC 1.2.1 (Audio-only and Video-only).

While captions alone can make videos accessible, providing transcripts is a good practice. Transcripts let people read at their own pace, which helps those using assistive technology, non-native speakers, and individuals with learning disabilities.

Make Sure Your Video Player Has Accessible Controls

Many people use keyboards to navigate the web without a mouse. Keyboard accessibility is an important part of making websites usable for everyone, but video players can sometimes create problems for keyboard users. These issues usually come from poor coding or JavaScript problems.

To check if your video player works well with a keyboard, open your website in a browser and use the Tab and Shift-Tab keys to move through the controls. As you test, ask yourself these questions:
- Can I use all the controls on the video player?
- Does the keyboard seem to get “stuck” on any control or part?
- Which part is currently selected by the keyboard?
Avoiding Flashing Content

Videos that flash or flicker can be problematic for people with photosensitive epilepsy. WCAG guidelines recommend avoiding content that flashes more than three times per second to prevent triggering seizures.

How to Install Videos on Your Website to Be Accessible

Now that you understand the importance of ADA video compliance and the relevant WCAG guidelines, let’s talk about how to install videos on your website to ensure they are accessible.

Choose an Accessible Video Player

The first step is to choose a video player that is designed with accessibility in mind. Many popular video players, like YouTube’s embedded player, already have features like keyboard accessibility and customizable captions. If you’re using a custom video player, make sure it meets WCAG guidelines by testing it with keyboard navigation and screen readers.

Add Captions to Your Videos

When you upload a video to your site, you’ll want to make sure it has captions. If you’re using a platform like YouTube, you can upload your own captions or use the platform’s automatic captioning feature, though it’s a good idea to review and edit these captions for accuracy. If you’re hosting videos yourself, there are many tools available for creating and syncing captions.

Provide Transcripts

After you’ve added captions, the next step is to create a transcript of the video. You can offer the transcript as a downloadable file or display it directly on the page below the video. Providing a transcript not only helps with accessibility but can also improve your site’s SEO.

Include Audio Descriptions

For videos with important visual content that isn’t described in the audio, consider creating a version of the video with audio descriptions. This can be as simple as adding a voiceover that describes key visual elements or creating a separate audio track that users can turn on if they need it.

Test Your Videos for Accessibility

Once you’ve added all the necessary accessibility features, it’s important to test your videos to ensure they are actually accessible. This means watching the video with captions and a screen reader, navigating the player with just a keyboard, and making sure the video content is clear and understandable, even without sound or visuals.

Use an Accessibility Checker

There are many tools available that can automatically check your site’s accessibility, including your videos. These tools can identify issues you have missed and suggest ways to fix them. Regularly running these checks can help you maintain ADA compliance as you add new content to your site.

Make Accessibility a Priority

Web accessibility isn’t just a legal requirement—it’s a way to make your content more inclusive and reach a wider audience. By focusing on ADA video compliance, you’re taking important steps to ensure that everyone, regardless of ability, can enjoy and engage with your content. Whether you’re a website owner, developer, or content creator, making your videos accessible should be a top priority.

Remember, accessibility is an ongoing process. As you continue to create and share video content, keep WCAG guidelines in mind, and make it a habit to review and update your accessibility features regularly. Not only will this help you avoid legal issues, but it will also help you create a more inclusive and welcoming online experience for all your users.

If you need help with video accessibility or legal compliance, we’re here to help. Schedule a briefing with 216digital today so that you can confidently take this next step into digital accessibility.
Greg McNeil

August 9, 2024

ADA Web Accessibility

Accessibility, ADA Compliance, ADA Website Compliance, videos and audio content, Web Accessibility, web development, Website Accessibility
Choosing the Right Accessibility Audit for Your Goals
Ensuring your website is accessible to everyone, regardless of their abilities, is a legal obligation and a crucial aspect of good business practice. Digital accessibility is about creating an inclusive web experience, allowing everyone to navigate, interact, and engage with your online content without barriers. A vital component of this effort is accessibility testing, which identifies and helps rectify issues that could prevent users with disabilities from accessing your site. But with so many accessibility audits available, how do you choose the right one for your goals?

This post will explore different accessibility testing methods, their benefits, and how you can select the best approach to meet your needs.

What is Accessibility Testing?

Accessibility testing evaluates a website or digital product to ensure people of all abilities can use it. This includes users with visual, auditory, physical, speech, cognitive, or neurological disabilities. The goal is to identify any barriers that might prevent these users from fully interacting with your site, whether that’s difficulty reading text, navigating menus, or accessing multimedia content.

Accessibility testing typically involves checking against established guidelines, such as the Web Content Accessibility Guidelines (WCAG), which provide a comprehensive framework for creating accessible web content. Testing can be done using various methods, from automated tools to manual assessments by accessibility experts.

Why Your Website Needs Accessibility Testing

Web accessibility is not just a matter of ethics—it’s a legal requirement in many regions, including the United States, where the Americans with Disabilities Act (ADA) mandates that websites be accessible to people with disabilities. Failing to meet these requirements can result in costly lawsuits, damage to your brand’s reputation, and loss of potential customers.

Beyond legal compliance, accessibility testing is essential for ensuring a positive user experience for all visitors. An accessible website can increase your audience reach, improve customer satisfaction, and boost your SEO efforts, as search engines like Google favor easy-to-navigate and understand sites.

Overview of Different Accessibility Testing Methods

Several methods of accessibility testing exist, each with strengths and limitations. Understanding these methods will help you choose the right approach for your goals.

Automated Testing

Automated accessibility testing uses software tools to scan your website for accessibility issues. These tools can quickly identify common problems, such as missing alt text, improper heading structures, or color contrast issues.

Pros: Automated testing is fast, cost-effective, and can cover large portions of your site in a short amount of time. It’s an excellent first step in identifying apparent issues.

Cons: While automated tools can catch many issues, they only cover 30-40% of accessibility guidelines. They can miss more subtle or complex problems that require human judgment.

Manual Testing

Manual testing involves human testers evaluating your website’s accessibility by simulating users’ experience with disabilities. This might include using screen readers, navigating with a keyboard, or testing for cognitive load.

Pros: Manual testing is thorough and can identify issues that automated tools miss, such as keyboard navigation problems, improper use of ARIA (Accessible Rich Internet Applications), or issues with interactive elements like forms and buttons.

Cons: Manual testing is time-consuming and more expensive than automated testing. Expertise and experience are required to assess a site’s accessibility accurately.

Hybrid Testing

Hybrid testing combines automated and manual approaches to determine your site’s accessibility comprehensively. Automated tools are used to quickly identify issues, while manual testing addresses more complex problems.

Pros: Hybrid testing offers the best of both worlds—speed and thoroughness. It ensures that no stone is left unturned in your accessibility audit.

Cons: While more comprehensive, hybrid testing can be more costly and time-consuming than automated tools alone.

Choosing the Right Accessibility Audit for Your Goals

When selecting an accessibility audit, consider your specific goals, resources, and the complexity of your website. Here are a few scenarios to help guide your decision:
- Initial Compliance Check: If you’re new to accessibility and looking for a quick overview of your site’s compliance with basic guidelines, an automated audit might be a good starting point. This can help you identify low-hanging fruit that can be quickly addressed.
- Comprehensive Accessibility Review: For businesses that need a thorough assessment of their website’s accessibility, a hybrid audit combining both automated and manual testing is ideal. This approach will provide a complete picture of your site’s strengths and weaknesses.
- Ongoing Monitoring and Maintenance: If your goal is to maintain accessibility over time and avoid compliance issues, consider an ongoing monitoring service that regularly checks your site for new issues as content and technology change.
Overview of 216digital’s Accessibility Services

At 216digital, we understand that navigating the complexities of digital accessibility can be overwhelming. That’s why we offer a structured approach to accessibility audits through our Phase 1 Risk Mitigation and Phase 2 Real World Accessibility services.

Phase 1: Risk Mitigation Service

This initial phase focuses on identifying and addressing high-risk accessibility issues that could expose your business to legal action. Using automated tools and expert manual review, we prioritize the most critical issues that need immediate attention.

Phase 2: Real-World Accessibility Service

In Phase 2, we dive deeper into the user experience, focusing on real-world scenarios and how users interact with your site. This phase includes extensive manual testing to uncover complex issues and provides actionable recommendations for improving your site’s accessibility.

How Combining Automated and Manual Testing Enhances Accessibility

A combined approach to accessibility testing offers a more robust and reliable audit process. Automated tools quickly handle large-scale issues, but manual testing ensures your site meets the nuanced needs of all users. By integrating both methods, you can create a more accessible and user-friendly website, reducing the risk of missed issues and ensuring a more inclusive experience.

216digital’s a11y.Radar Service for Ongoing Monitoring

Maintaining accessibility is an ongoing process. 216digital’s a11y. Radar service continuously monitors your website, automatically scanning for new accessibility issues as they arise. This service helps ensure that your site complies with accessibility guidelines over time, catching potential problems before they become costly liabilities.

a11y.Radars Key Features include:
- Dynamic Dashboard Display
- Compliance Scans
- Detailed Issues Reports
- Issues Over Time
- Manual Testing Reports
- Email Alerts
- Current Web Compliance Status
How a11y.Radar Helps Prevent Frivolous ADA Lawsuits and Maintains Accessibility Compliance

One of the biggest concerns for businesses today is the threat of frivolous ADA lawsuits. These lawsuits can be costly and time-consuming, even if the claims are unfounded. 216digital’s a11y. Radar service acts as a safeguard, continuously monitoring your site for compliance and helping you address issues before they lead to legal action. By keeping your site up-to-date with accessibility standards, a11y.Radar protects you from lawsuits and ensures a better user experience for all visitors.

Conclusion

Choosing the proper accessibility audit is crucial for ensuring your website meets the needs of all users while staying compliant with legal requirements. Whether you’re just starting with accessibility or looking for a comprehensive review, understanding the different testing methods and services available will help you make an informed decision.

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 our experts can help you confidently create and maintain an accessible website that meets both your business goals and the needs of your users, schedule a complementary ADA Strategy Briefing today.
Greg McNeil

August 8, 2024

ADA Web Accessibility

Accessibility Audit, Accessibility testing, digital accessibility, Web Accessibility, Web Accessibility Solution, Website Accessibility Tools
Navigating International Accessibility Laws
In today’s digital age, having an online presence is crucial for businesses of all sizes. But with the global reach of the internet comes a maze of regulations and standards, especially when it comes to web accessibility. If you’re a website owner or content creator in the United States, you might wonder how international accessibility laws affect your business. This article will walk you through the basics of these laws, help you understand which ones apply to your online business, and explain why staying compliant is not just about following the rules but also about expanding your audience and boosting your brand’s reputation.

What Are the Different International Accessibility Laws?

When it comes to accessibility laws, different countries have their own rules and guidelines to ensure that websites are accessible to everyone, including people with disabilities. Let’s take a look at some of the key international laws and what they cover:

The European Accessibility Act (EAA)

The EAA is a significant law in the European Union that came into effect in 2019. It aims to make products and services more accessible to people with disabilities. For online businesses, this means ensuring that websites, apps, and e-commerce platforms are usable by everyone. The EAA covers a broad range of industries, from banking services to e-books and online shopping. If your business operates or sells products in the EU, compliance with the EAA is a must.

The Accessibility for Ontarians with Disabilities Act (AODA)

In Canada, the AODA sets out guidelines to make Ontario more accessible by 2025. It applies to both public and private sectors, requiring businesses to ensure their websites are accessible to people with disabilities. This includes providing text alternatives for images, ensuring that website navigation is straightforward, and making online forms accessible. If your online business targets customers in Ontario, following AODA guidelines is essential.

The UK Equality Act 2010

The UK Equality Act is a comprehensive piece of legislation that protects people from discrimination in the workplace and wider society. For online businesses, this means ensuring that websites are accessible to everyone, regardless of their abilities. The law covers all aspects of web accessibility, including content readability, keyboard navigation, and screen reader compatibility. If your business has customers in the UK, the Equality Act’s requirements apply to you.

The Web Content Accessibility Guidelines (WCAG)

While not a law, WCAG is a set of guidelines developed by the World Wide Web Consortium (W3C) that is widely used as the global standard for web accessibility. Many international laws, including those mentioned above, reference WCAG as the benchmark for accessibility. WCAG provides a clear roadmap for making web content more accessible, covering everything from text alternatives to visual content, to ensuring that your website works well with assistive technologies.

What International Laws Apply to Your Online Business?

Understanding which international accessibility laws apply to your online business can feel overwhelming, especially if you’re targeting customers from different parts of the world. Here’s a simple way to figure it out:
- Identify Your Audience: Start by identifying where your customers are located. If you have a global audience, it’s important to consider the accessibility laws in each region. For example, if you sell products in the EU, the EAA will apply to your business.
- Assess Your Operations: If your business operates in multiple countries, you’ll need to comply with the accessibility laws in each of those regions. This might include following the EAA for the EU, AODA for Ontario, and the UK Equality Act for the UK. If your business is based solely in the United States but reaches customers globally, you should still be mindful of these laws to avoid potential legal issues.
- Check the Legal Requirements: Different countries have different thresholds for when their laws apply to foreign businesses. For instance, if your business has a significant presence in the EU, you are required to comply with the EAA. Similarly, if you provide goods or services in Ontario, Canada, the AODA will apply.
Do These Laws Apply to Your Online Business?

The big question for many website owners and content creators is whether these international laws actually apply to their online business. The answer depends on a few factors:
- Business Location: If your business is based in a country with specific accessibility laws (like the EU or Canada), you’re automatically required to comply with those laws.
- Global Reach: Even if your business is based in the United States, you might still be subject to international accessibility laws if you sell products or services to customers in other countries. For example, if you ship products to the UK or have a website that targets European customers, you need to comply with the relevant accessibility laws.
- Legal Consequences: Non-compliance with international accessibility laws can lead to fines, legal action, and damage to your brand’s reputation. Even if you’re not legally required to follow these laws, doing so voluntarily can help you avoid these risks and demonstrate that you value inclusivity.
The Importance of Web Compliance and Accessibility

Web compliance and web accessibility aren’t just about avoiding legal trouble—they’re also about doing the right thing and expanding your reach. By making your website accessible, you’re ensuring that everyone, including people with disabilities, can access your content and services. This can lead to increased customer satisfaction, a larger audience, and a stronger brand reputation.

At 216digital, we understand the complexities of navigating international accessibility laws. Our web remediation services are designed to help your business stay compliant and accessible, no matter where your customers are located. From initial audits to ongoing support, we offer a comprehensive approach to web compliance that ensures your website meets the latest standards and guidelines.

Whether you’re just starting to explore international accessibility laws or need help bringing your website up to code, 216digital is here to guide you through the process. Our team of experts stays up-to-date with the latest regulations and guidelines, ensuring that your website is not only compliant but also user-friendly for everyone.

Conclusion

Navigating international accessibility laws might seem daunting, but with the right approach, it can be manageable and even beneficial for your business. By understanding the different laws, knowing which ones apply to your online business, and taking steps to ensure compliance, you can avoid legal pitfalls, expand your audience, and enhance your brand’s reputation.

If you’re ready to take the next step in making your website accessible and compliant with international laws, 216digital is here to help. Our web remediation services are tailored to your business needs, ensuring that you meet the necessary standards while creating an inclusive online experience for all users. Don’t wait—let’s work together to make your website accessible to everyone, everywhere.
Contact us today to schedule a complementary ADA Strategy Briefing so that you can confidently take this next step into digital accessibility.
Greg McNeil

August 7, 2024

ADA Web Accessibility

accessibility laws, ADA Compliance, digital accessibility, International Accessibility Laws, Web Accessibility, Website Accessibility
Insights from WebAIM’s Screen Reader Survey #10
In today’s digital age, ensuring that your website is accessible to everyone is more important than ever. WebAIM’s Screen Reader Survey #10 offers valuable insights into how people with disabilities use screen readers, which can help you make your website more accessible. If you’re an IT director, company owner, or anyone involved in managing a website, understanding these takeaways can help you improve your site’s digital accessibility and ensure it meets standards like Web Content Accessibility Guidelines (WCAG).

Targeted Demographic: Who Uses Screen Readers?

The WebAIM Screen Reader Survey #10 highlights a diverse group of people who use screen readers. These users come from various backgrounds and have different needs, but they all rely on screen readers to access content online. Knowing your audience is vital to making your website accessible. Here is a breakdown of who these users are:
1. People with Visual Impairments: This is the largest group of screen reader users, with 76.6% of respondents being visually impaired. They might have complete blindness or low vision that prevents them from reading text on a screen. Screen readers convert text into spoken words for these individuals, allowing them to navigate and understand web content.
2. People with Learning Disabilities: Some users with learning disabilities find screen readers helpful. They might have difficulty processing written text or need assistance with comprehension. Screen readers can help by reading text aloud and breaking it down into more manageable parts.
3. Older Adults: As people age, they may experience vision loss or other difficulties that make screen reading challenging. Older adults may use screen readers to compensate for reduced vision or cognitive changes that affect their ability to interact with digital content.
4. People with Physical Disabilities: Some users with physical disabilities that affect their ability to use a mouse or keyboard may rely on screen readers to navigate websites. They might use adaptive technology to interact with their devices, making screen readers an essential tool for accessing web content.
Targeted Age: Understanding the Age Range

The survey also reveals insights into the age range of screen reader users. While screen readers are crucial for users of all ages, certain age groups use them more frequently:
1. Younger Users: Younger users with disabilities are increasingly tech-savvy and may use screen readers alongside other assistive technologies. They often expect modern websites to be accessible and are quick to notice when accessibility features are lacking.
2. Middle-Aged Users: This group may include people who have acquired disabilities later in life or who are managing long-term conditions. They often need screen readers to access work-related or personal online content.
3. Older Adults: As mentioned earlier, older adults may use screen readers due to age-related vision loss or other issues. This demographic is growing, making it essential for websites to cater to their needs.
Understanding the age range of screen reader users can help you design your website in a way that accommodates different life stages and technological preferences.

Disabilities and Disability Types: Types of Disabilities Addressed

Screen readers are used by individuals with a range of disabilities. Let’s take a closer look at the types of disabilities that screen readers help address:
1. Visual Impairments: This includes both complete blindness and low vision. Screen readers convert on-screen text into speech, making content accessible to users who cannot see it. For users with low vision, screen readers can be combined with other assistive technologies, such as screen magnifiers.
2. Cognitive Disabilities: Users with cognitive disabilities might struggle with memory, attention, or processing information. Screen readers can assist by reading text aloud, which can make it easier for these users to understand and retain information.
3. Motor Disabilities: Individuals with motor disabilities might have difficulty using a keyboard or mouse. Screen readers can help by allowing users to navigate websites using voice commands or other adaptive technologies.
4. Hearing Impairments: While screen readers are primarily used by people with visual impairments, some individuals with hearing impairments might also use them. For example, screen readers can be used in conjunction with other assistive technologies to provide a complete experience for users with multiple disabilities.
The Importance of Digital Accessibility

Understanding these demographics and disability types underscores the importance of digital accessibility. Web accessibility ensures that your website can be used by everyone, regardless of their abilities. This is not just about compliance with standards like WCAG; it is about creating an inclusive digital environment.

This is why digital accessibility should be a priority for your business:
1. Legal Compliance: Many countries, including the United States, have laws that require websites to be accessible. Failing to meet these requirements can result in legal action, which can be costly and damaging to your reputation.
2. Broader Audience: By making your website accessible, you open it up to a wider audience. This includes not only people with disabilities but also those who use assistive technologies or have temporary impairments.
3. Better User Experience: Accessible websites often provide a better overall user experience. Features that help screen reader users can also benefit other users, such as more straightforward navigation and more readable content.
4. Enhanced Brand Image: Companies that prioritize accessibility are seen as more inclusive and socially responsible. This can improve your brand’s image and help build a positive reputation.
Making Your Website Accessible

To ensure your website meets digital accessibility standards, follow these best practices:
1. Adhere to WCAG Guidelines: WCAG is the gold standard for web accessibility. They provide specific recommendations for making web content more accessible. Familiarize yourself with these guidelines and implement them on your site.
2. Test with Screen Readers: Regularly test your website with screen readers to identify any accessibility issues. This can help you ensure that your content is being read correctly and that users can navigate your site effectively.
3. Seek Feedback: Get feedback from actual screen reader users. Their insights can be invaluable in identifying and addressing accessibility issues that you might not have considered.
4. Stay Updated: Digital accessibility is an evolving field. Keep up with the latest trends and updates to ensure your website remains compliant and accessible.
Wrapping Up

WebAIM’s Screen Reader Survey #10 provides crucial insights into who uses screen readers and how they interact with web content. By understanding the demographics, age ranges, and disability types of screen reader users, you can make informed decisions about improving your website’s digital accessibility. Adhering to WCAG guidelines and incorporating accessibility best practices will not only help you comply with legal requirements but also enhance the user experience for everyone.

For IT directors and company owners, prioritizing web accessibility is a smart move that benefits both your users and your business. By taking these insights to heart, you can create a more inclusive and effective online presence.

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 web accessibility on your terms by developing a strategy to integrate WCAG 2.1 compliance into your development roadmap.
Greg McNeil

August 6, 2024

ADA Web Accessibility

digital accessibility, screen readers, Web Accessibility, WebAIM’s Screen Reader Survey, WebAIM’s Screen Reader Survey #10, Website Accessibility
Why Screen Overlays Can Harm Your Website and Business

In today’s digital world, having a website that’s accessible to everyone is not just a nice-to-have; it’s essential. As a business owner, you want to ensure your website is user-friendly for all potential customers. However, when it comes to web accessibility, there’s a common misconception that screen overlays are a quick fix. Unfortunately, these overlays can create more problems than they solve. In this article, we’ll explore why screen overlays can actually hinder users with visual impairments and how they can put your business at risk for an ADA lawsuit.

What Are Screen Overlays?

Screen overlays are tools that can be added to a website to provide accessibility features. These overlays are designed to make a website more usable for people with disabilities by adding features like text-to-speech, color contrast adjustments, and font size changes. While the intention behind these tools is good, their effectiveness and actual impact are often questionable.

Why Screen Overlays Can Be Problematic

1. They Can Create More Barriers

Screen overlays might seem like a helpful solution, but they often end up complicating things. For individuals who rely on assistive technologies such as screen readers, overlays can interfere with how these tools work. Screen readers, for instance, may not interact well with overlays, making it harder for users to navigate the site. Instead of enhancing accessibility, overlays might add another layer of complexity that can make it more difficult for disabled users to access the information they need.

2. They Can Conflict with Existing Accessibility Features

Many websites already incorporate accessibility features that follow the Web Content Accessibility Guidelines (WCAG). These features are carefully designed to work together to provide a seamless experience for all users. When you add a screen overlay, it can conflict with these existing features, creating inconsistencies that can confuse users. This is especially problematic for people who rely on keyboard navigation or voice commands.

3. They May Not Address the Root Issues

Screen overlays often tackle symptoms rather than the root causes of accessibility issues. For example, if your website has poor color contrast or inaccessible navigation, an overlay might offer temporary solutions like color adjustments. However, these adjustments might not fully resolve the underlying problems, leaving users with disabilities facing ongoing challenges. The real solution lies in making the website itself more accessible through proper design and development practices.

Impact on Your Business: ADA Lawsuits and Legal Risks

Increased Risk of ADA Lawsuits

The Americans with Disabilities Act (ADA) requires businesses to make their websites accessible to people with disabilities. If a website is not accessible, it can be subject to legal action. There has been a significant increase in ADA lawsuits targeting websites. Many of these lawsuits are filed because businesses use screen overlays that fail to genuinely improve accessibility.

Websites relying on screen overlays are often scrutinized in legal cases. Courts and advocacy groups are increasingly aware that these overlays do not always meet ADA requirements. As a result, businesses using screen overlays could find themselves in legal trouble, facing expensive lawsuits and the potential need for significant site redesigns.

Reputational Damage

Beyond legal risks, using screen overlays can damage your brand’s reputation. Customers who encounter accessibility issues on your website may feel excluded or undervalued, which can hurt your business’s image. In the digital age, word spreads quickly, and negative experiences can lead to unfavorable reviews and a tarnished reputation. Investing in true accessibility improvements not only helps you avoid legal trouble but also shows that you care about all of your customers.

Lessons from Recent News

A recent New York Times article, For Blind Internet Users, the Fix Can Be Worse Than the Flaws, highlights the growing concern around the effectiveness of AI-based accessibility tools, including screen overlays. The article reveals that while these tools are marketed as solutions, they often fall short of providing real accessibility improvements. The focus has shifted towards creating genuinely accessible websites from the ground up rather than relying on add-ons that may not address the fundamental issues.

The article underscores a key point: businesses should focus on building websites that are inherently accessible, rather than relying on tools that might offer only partial solutions. This approach aligns better with ADA compliance and ensures that your website meets the needs of all users.

Best Practices for True Web Accessibility

1. Follow Web Content Accessibility Guidelines (WCAG)

The best way to ensure your website is accessible is to follow WCAG. These guidelines provide a comprehensive framework for making web content accessible to people with disabilities. They cover areas such as text alternatives for images, keyboard accessibility, and clear navigation. By adhering to these guidelines, you create a website that is genuinely accessible to all users.

2. Conduct Regular Accessibility Audits

Regular accessibility audits can help identify and address potential issues before they become major problems. These audits involve evaluating your website’s design and functionality to ensure it meets accessibility standards. Professional audits can provide valuable insights and recommendations for improvements, and working with accessibility specialists like 216digital can give insight on the ADA requirements to avoid potential legal issues.

3. Invest in Inclusive Design from the Start

Incorporating accessibility into your website’s design from the beginning is the most effective approach. This involves considering the needs of users with disabilities during the design and development phases. By prioritizing accessibility from the start, you create a more inclusive experience for all users and reduce the risk of legal challenges.

Stay Web Accessible with 216digital

Screen overlays might seem like a convenient solution for improving web accessibility, but they often fall short of providing meaningful benefits. Instead, they can create additional barriers for users with disabilities and increase your risk of facing an ADA lawsuit. To ensure your website is genuinely accessible, focus on following established guidelines, conducting regular audits, and investing in inclusive design from the start.

By taking these steps, you will demonstrate your commitment to providing an inclusive and user-friendly experience for all visitors. In the long run, this approach will help you avoid legal troubles, protect your reputation, and create a better online environment for everyone.

Ready to get started? At 216digital, our expert team can assist you in developing a strategy to make this journey of WCAG 2.1 compliance as smooth as possible. Contact us today to schedule a complementary ADA Strategy Briefing so that you can confidently take this next step into digital accessibility.

Greg McNeil

August 5, 2024

ADA Web Accessibility

ADA non-compliance, Overlay, Overlay widgets, screen overlays, Web Accessibility, Website Accessibility
Why Web Accessible Fonts Matter for Your Website
Design, page layout, and navigation all play a big role in making a website accessible. But the smaller details—like font—are just as important. Designing accessible content isn’t just about picking an easy-to-read font. Even with accessible fonts, people with low vision, cognitive, language, and learning disabilities might still have trouble reading due to factors like font spacing, size, and contrast —to name a few.

Let’s go over what makes a font accessible and how you can choose the right one for your website.

WCAG and Accessible Fonts

Websites are considered ADA-compliant when they follow the Web Content Accessibility Guidelines (WCAG). These guidelines make web content more accessible for people with disabilities. Fonts play a big role in this—they need to be clear, readable, and usable by everyone, including those with visual impairments or cognitive disabilities.

WCAG includes many sections that focus on content visibility and design, helping website owners and designers pick fonts that are accessible. Here are the key WCAG sections that relate to fonts:
- Presenting Web Content in Different Ways: Fonts should be easy to read when resized or presented with different styles or spacing.
- Making Web Content Easy to See or Hear: Consider a font’s family, size, spacing, and color to make sure the content is easy to see.
We’ll dive deeper into these principles and explain how they relate to specific font styles and families.

The Importance of Using Accessible Fonts

Using accessible fonts on your website is really important for people with disabilities, making sure they can easily read your content. But it’s not just for them—everyone benefits from easy-to-read fonts. Many people skim through text rather than reading every word, especially if they’re distracted, stressed, or juggling multiple tasks. That’s why a clear, easy-to-read font can be a big help.

Plus, accessible fonts can actually boost your site’s search engine ranking. How readable your text is plays a big role in how search engines like Google rank your website. Sites that are easy to read often get a higher ranking.

For more details on how accessibility and SEO go hand in hand, check out our guide on SEO and web accessibility.

So, What Makes a Font Accessible?

Choosing the right font isn’t one-size-fits-all, but some key things like size and color really do matter. Here are a few WCAG guidelines to help you pick fonts that meet ADA requirements.

Spacing

Spacing is a big deal when it comes to making sure your website is accessible. Good spacing helps keep your letters, words, and lines clear and easy to read without overlapping.

According to WCAG’s Success Criterion 1.4.12, you should also think about how text can be adjusted. Some people with disabilities or those using assistive technology might need to change text size or spacing to make reading easier. For instance, individuals with dyslexia might find that increased spacing between letters and lines helps them read better. It’s important that when users adjust text in their browsers, the words don’t disappear or overlap.

Use Sufficient Text Spacing

To make text readable, here’s what you should keep in mind for spacing:
- Line Height: Make it at least 1.5 times the font size.
- Paragraph Spacing: Set it to at least 2 times the font size.
- Letter Spacing: Add at least 0.12 times the font size.
- Word Spacing: Ensure it’s at least 0.16 times the font size.
To figure out the best spacing for your font, use the Google Fonts Type Tester. It’s a handy tool that helps you see how different fonts look with various spacings so you can pick what works best for your project.

Color Contrast

You might think that black text on a white background is easy to read, but it’s not always that simple. Just like text with too little contrast can blend into the background, text with too much contrast can strain your eyes and cause visual fatigue.

For instance, compare these two color combos:
- Light gray text on a white background (low contrast, hard to read).
- Black text on a white background (high contrast, easy to read).
Whenever possible, go for the second option to make your text easier to read.

WCAG offers tips on making your text readable for everyone, including those with vision impairments. They recommend using a contrast ratio of at least 4.5:1 for regular text and 3:1 for larger text. If you want to meet WCAG 2.1 Level AAA, which is the highest level of accessibility, you’ll need a contrast ratio of 7:1 between your text and background.

And remember, don’t rely on color alone to convey important information—always use other ways to ensure your content is accessible to everyone.

Size

WCAG does not have a specific minimum font size, but they do suggest that your text should be resizable up to 200% without losing content or functionality. This means your text should still be readable, and your layout should still work when someone zooms in. For instance, if your website text is 16px, users should be able to resize it to 32px without breaking the page layout.

This is especially important for people with visual impairments who may need to enlarge text to read it comfortably.

Text with Graphics

Some web designers use text within images instead of regular text blocks, but this can be a problem for accessibility. Regular text can be easily adjusted in size, spacing, and color to keep it readable. On the other hand, text in images doesn’t adapt well. It can get pixelated and hard to read when you zoom in, which is a big issue for people with visual disabilities.

According to WCAG 1.4.5, you should be using text instead of images of text whenever possible. For example, instead of putting text on a banner image, create a text element directly on your website. This way, screen readers can read the text, and users can adjust its size as needed.

How to Choose an Accessible Font Family

If you want to make your text easier to read, here are some tips to help with accessibility:
- Pick Simple and Clear Fonts: Use fonts that are easy to read and familiar. Steer clear of fancy scripts or handwriting styles.
- Avoid Confusing Characters: Choose fonts where letters and numbers are distinct. You don’t want “O” and “0” or “l” and “I” to look too similar.
- Limit Font Variations: Stick to one, two, or at most three different fonts. Too many variations can be overwhelming.
- Consider Spacing: Make sure there’s plenty of space around your text. Avoid making text too close together or overlapping.
- Check Color Contrast: Use tools like the WCAG Contrast Checker to verify that your text color stands out well against the background. Good contrast helps make reading easier.
- Avoid Tiny Text and Crowded Blocks: Don’t use very small font sizes or cram too much text into one space. It can be hard to read if the text is too small or packed too closely.
Examples of Accessible Fonts

Choosing the right font for your website and other digital projects can make a big difference. While there are many unique fonts out there, the most familiar ones are popular for good reasons. They are often the easiest to read and recognize.

Here are a few fonts known for their accessibility:
- Arial: This font is easy to read because it has wide letter spacing, clear distinctions between similar letters, and a high x-height (the height of lowercase letters). Arial works well with assistive technologies and screen magnifiers.
- Verdana: Like Arial, Verdana is designed for readability. It has a large x-height, bold outlines, and wide spacing between characters, making it clear and accessible for both people and assistive tech.
- Helvetica: Known for its bold outlines and generous character spacing, Helvetica is another great choice for accessibility. Its design helps people with visual impairments read more easily and is compatible with various assistive technologies.
- Times New Roman: This classic font is widely used because of its simple and clear design. It’s easy to read and understand, making it a reliable choice for many types of content.
- Tahoma: Tahoma is similar to Times New Roman but with a modern twist. Its clean design and good character spacing make it quick and easy to read.
Remember, there’s no one-size-fits-all answer when it comes to the most accessible font. It’s important to consider the specific needs of your audience when choosing a font.

Key Takeaways

Whether you’re designing infographics, videos, slideshows, or blog posts, choosing an accessible font is a simple yet powerful way to make your content more accessible. By following WCAG guidelines and selecting fonts that prioritize readability and legibility, you can create a more inclusive and user-friendly experience for all visitors. Remember, accessibility benefits everyone, and taking these steps can make a significant difference.

So, next time you’re designing a website or creating digital content, keep these tips in mind. Your audience will thank you, and you’ll be contributing to a more accessible and inclusive web.

Happy designing!
Greg McNeil

August 1, 2024

ADA Web Accessibility

Accessible Design, accessible fonts, Fonts, Web Accessibility, Web Accessible Design, Website Accessibility
Screen Readers 101: Making Your Site Accessible
In today’s digital age, making your website accessible to everyone is more important than ever. One critical aspect of digital accessibility is ensuring that your site is compatible with screen readers. But what exactly are screen readers, and why is it so important to make sure your website works well with them? In this blog post, we’ll dive into what screen readers are, who uses them, how they browse the Internet, and how you can test your website to ensure it’s screen reader-friendly.

What are Screen Readers and Who Uses Them?

Let’s start with the basics. A screen reader is a piece of software that reads aloud the text displayed on a computer or mobile device screen. It’s a vital tool for people who are blind or have severe visual impairments. However, screen readers are also used by individuals with other disabilities, such as those with learning disabilities or certain cognitive impairments, who may find it easier to listen to content rather than read it.

So, who exactly uses screen readers? The answer is billions of people around the world. In the United States alone, there are an estimated 12 million people over 40 with a visual disability. For these individuals, screen readers are essential for accessing the Internet, working, and communicating. Without screen readers, many websites would be entirely inaccessible to them.

How Do Screen Reader Users Browse the Internet?

Browsing the Internet with a screen reader is a completely different experience than browsing with sight. For starters, screen reader users don’t navigate web pages visually—they rely on audio cues and keyboard commands to get around.

Here’s a simplified version of how it works:
1. Screen Reader Starts Reading: When a screen reader user opens a webpage, the screen reader begins reading the content from top to bottom. It reads out the text, describes images (if alt text is provided), and announces the presence of links, buttons, and other interactive elements.
2. Keyboard Navigation: Instead of using a mouse, screen reader users navigate through the website using keyboard commands. They might use the Tab key to move between links, headings, and form fields, or shortcuts to jump to specific sections of the page, such as the main content or a list of links.
3. Listening for Context: Screen reader users often listen to the content at a much faster speed than normal. They also rely heavily on headings, landmarks, and other structural elements to understand the layout and flow of the page. For example, a user might jump from heading to heading to quickly scan the page and find the information they need.
4. Interacting with Elements: When a user encounters a form field, button, or link, the screen reader announces what it is and sometimes gives instructions on how to interact with it. For example, if there’s a “Submit” button, the screen reader might say, “Button: Submit. Press Enter to activate.”
For screen reader users, a well-structured, accessible website is key to having a smooth and efficient browsing experience. But if a website is not properly optimized for screen readers, it can become frustrating, confusing, or even impossible to use.

Why is Screen Reader Testing Important?

Now that you have a basic understanding of what screen readers are and how they’re used, let’s talk about why testing your website for screen reader compatibility is so important.

Ensuring Digital Accessibility

First and foremost, screen reader testing is crucial for ensuring digital accessibility. As a website owner, developer, or content creator, it’s your responsibility to make sure that your website is accessible to everyone, including people with disabilities. Screen reader testing helps you identify and fix issues that could prevent people who rely on these tools from accessing your content.

Complying with Legal Requirements

In the United States, websites are required by law to be accessible to people with disabilities. The Americans with Disabilities Act (ADA) Title II and Section 508 of the Rehabilitation Act are two key laws that apply to web accessibility. If your website is not accessible, you could be at risk of legal action, which could result in costly fines and damage to your reputation. By performing screen reader testing, you can ensure that your website complies with these laws.

Improving User Experience

Accessibility isn’t just about legal compliance—it’s also about providing a better user experience for everyone. When your website is accessible to screen reader users, it’s also likely to be more user-friendly for other visitors. For example, clear headings, logical page structure, and well-labeled buttons benefit all users, not just those with disabilities.

Reaching a Wider Audience

By making your website accessible to screen reader users, you’re opening it up to a wider audience. This can lead to more traffic, better SEO, and ultimately, more success for your business. Accessibility should be seen as an investment in your website’s future, not just a legal obligation.

What Are the Different Approaches to Accessibility Testing?

There are several different approaches to accessibility testing, each with its own advantages and disadvantages. To ensure that your website is fully accessible, it’s important to use a combination of these methods.

Automated Testing

Automated testing tools can scan your website for common accessibility issues, such as missing alt text, insufficient color contrast, and incorrect HTML structure. These tools are fast and can cover a lot of ground in a short amount of time. However, they can’t catch every issue—especially those related to screen reader compatibility.

Some popular automated accessibility testing tools include:
- WAVE: A web accessibility evaluation tool that highlights accessibility issues directly on your webpage.
- Lighthouse: A tool built into Chrome that can audit your website for performance, SEO, and accessibility issues.
While automated testing is a great starting point, it should never be the only method you use. Automated testing covers only 30-40% of accessibility guidelines and can miss more subtle or complex problems that require human judgment.

Manual Testing

Manual testing involves a human tester navigating your website and checking for accessibility issues. This approach is essential for catching issues that automated tools might miss, such as how well your website works with a screen reader. Manual testing can be more time-consuming and requires a deeper understanding of web accessibility, but it provides a more accurate picture of your website’s accessibility.

During manual testing, you should:
- Check Keyboard Navigation: Ensure that all interactive elements, such as links, buttons, and form fields, can be accessed and activated using only the keyboard.
- Test with a Screen Reader: Use a screen reader to navigate your website and listen to how the content is announced. Pay attention to whether the screen reader correctly identifies headings, lists, buttons, and other elements.
User Testing

User testing involves real users with disabilities testing your website and providing feedback on their experience. This is the most effective way to identify and fix accessibility issues, as it provides insight into how your website works in the real world.

To conduct user testing:
- Recruit Testers: Find users who rely on screen readers and other assistive technologies to test your website. You can reach out to local organizations, online communities, or professional networks to find willing participants.
- Observe and Take Notes: Watch how the testers interact with your website and take note of any issues they encounter. Pay attention to their feedback and use it to make improvements.
- Iterate and Improve: After making changes based on user feedback, test again to ensure that the issues have been resolved.
User testing can be more expensive and time-consuming than other methods, but it provides the most valuable insights.

Not sure what form of accessibility testing is right for you? Check out our article, Choosing the Right Accessibility Audit for Your Goals, for more information.

How to Perform Screen Reader Testing

Screen reader testing is a crucial part of manual and user testing. Here’s a step-by-step guide to performing screen reader testing on your website.

Choose Your Screen Readers

There are several different screen readers available, each with its own unique features and quirks. The most commonly used screen readers in the United States are:
- NVDA (NonVisual Desktop Access): A free and open-source screen reader for Windows.
- JAWS (Job Access With Speech): A popular screen reader for Windows, often used in workplaces.
- VoiceOver: The built-in screen reader for MacOS and iOS devices.
- TalkBack: The built-in screen reader for Android devices.
To ensure that your website is accessible to the widest audience possible, it’s important to test with more than one screen reader.

Familiarize Yourself with Screen Reader Commands

Screen readers are controlled through a series of keyboard commands. Before you start testing, take some time to familiarize yourself with the basic commands for the screen reader you’re using. Most screen readers have a “practice mode” where you can learn and try out different commands.

For example, in NVDA, you can press Ctrl + Alt + N to start the screen reader, use the Tab key to move through links and buttons, and press H to jump between headings.

Navigate Your Website

Start by opening your website with the screen reader turned on. Listen to how the screen reader announces the content, and use keyboard commands to navigate through the site. Pay attention to the following:
- Headings: Are they announced correctly? Do they provide a clear structure for the page?
- Links and Buttons: Are they labeled correctly? Do they make sense out of context?
- Forms: Are the form fields and labels announced clearly? Is it easy to fill out the form using only the keyboard?
Identify and Fix Issues

As you navigate your website, take note of any issues you encounter. For example, if the screen reader doesn’t announce a button’s label, it may be missing an aria-label attribute. If a heading is skipped, it might be due to incorrect HTML markup.

Once you’ve identified the issues, go back and fix them in your website’s code. Then, test again to ensure that the problem has been resolved.

Test on Different Devices

Screen reader behavior can vary depending on the device and browser being used. After testing on your primary device, try testing on different devices and browsers to ensure a consistent experience for all users.

Conclusion

In today’s world, making your website accessible to everyone isn’t just a nice-to-have—it’s a must-do. Ensuring your site works smoothly with screen readers is a big part of that. By taking the time to test and optimize your website for screen readers, you’re not only complying with legal requirements but also creating a better experience for all users. Plus, you’re opening the doors to a wider audience, which is always good for business.

If you’re ready to take the next step in making your website truly accessible, why not schedule a complimentary ADA Strategy Briefing with 216digital? We’re here to help you navigate the ins and outs of digital accessibility and ensure your site is welcoming to everyone. Let’s make the web a better place, one website at a time.
Greg McNeil

July 31, 2024

ADA Web Accessibility

assistive technology, digital accessibility, screen readers, Web Accessibility, web development, Website Accessibility
Why Use an Outside Firm for Accessibility Remediation
In the digital age, web accessibility is more than just a compliance checkbox—it’s a commitment to inclusivity and a critical aspect of your website’s user experience. However, ensuring your website is accessible can be complex and time-consuming, requiring specialized knowledge and skills. This is where an outside firm for accessibility remediation becomes invaluable. Let’s explore why partnering with an experienced firm like 216digital can be a game-changer for your business.

Expertise and Knowledge

Accessibility remediation is not a one-size-fits-all solution. It demands a deep understanding of the Web Content Accessibility Guidelines (WCAG), the Americans with Disabilities Act (ADA), and other relevant standards and regulations. An outside firm brings a wealth of expertise to the table, ensuring that every aspect of your website meets the required accessibility standards.

Professionals in accessibility firms stay current with the latest updates and changes in guidelines and regulations. This continuous learning is crucial because web accessibility is an evolving field. For instance, WCAG 2.1 introduced new criteria that were not present in WCAG 2.0. Keeping up with these changes requires a dedicated team that is always on top of industry developments.

Comprehensive Testing

Effective accessibility remediation goes beyond automated tools. While these tools are useful for identifying obvious issues, they often miss more nuanced problems that can significantly impact users with disabilities. An outside firm utilizes a combination of automated tools and manual testing to ensure thorough coverage.

Manual testing is essential for evaluating how real users with disabilities interact with your website. This includes testing with screen readers, keyboard navigation, and other assistive technologies. Experienced accessibility professionals can identify and fix issues that automated tools might overlook, ensuring a truly accessible user experience.

Making Judgment Calls

Accessibility is not always black and white. There are situations where judgment calls are necessary to balance design, functionality, and accessibility. Professionals with experience in accessibility remediation can make informed decisions about how to address complex issues.

For example, consider a data table that is essential for conveying information but difficult to navigate with a screen reader. An expert can determine the best approach to make the table accessible without compromising its functionality or usability. These judgment calls require a deep understanding of both accessibility principles and user experience design.

Up-to-date with Current Guidelines and Regulations

Web accessibility guidelines and regulations are constantly evolving. An outside firm specializing in accessibility remediation ensures that your website is not only compliant with current standards but also prepared for future changes.

For instance, the European Accessibility Act (EAA) mandates that websites and mobile applications of certain businesses must be accessible by 2025. Staying ahead of such regulations can save your business from potential legal issues and ensure a smoother transition to compliance.

Efficiency and Focus

Partnering with an outside firm allows your internal team to focus on core business activities. Accessibility remediation can be a time-consuming process, especially for teams that lack specialized knowledge. By outsourcing this task, you can ensure it is handled efficiently and effectively without diverting your team’s attention from other important projects.

Considering 216digital as a Partner

When choosing an outside firm for accessibility remediation, it’s crucial to select a partner with a proven track record of success. 216digital stands out as an excellent choice for several reasons:
- Proven Expertise: With years of experience in web accessibility, 216digital has a deep understanding of the challenges and solutions involved in making websites accessible.
- Comprehensive Services: We offer a full range of services, from initial audits to ongoing maintenance, ensuring your website remains accessible over time.
- Client-Centric Approach: Working closely with our clients, we understand their unique needs and provide tailored solutions that meet both accessibility standards and business goals.
- Up-to-date Knowledge: 216digital stays current with the latest accessibility guidelines and regulations, ensuring your website is compliant now and in the future.
Wrapping Up

Web accessibility is essential for creating an inclusive online environment and avoiding potential legal pitfalls. While it might be tempting to handle accessibility remediation in-house, the benefits of partnering with an outside firm like 216digital are clear. Our expertise, comprehensive testing, ability to make informed judgment calls and up-to-date knowledge of current guidelines and regulations can transform your website into an accessible and user-friendly platform.

Investing in accessibility is not just about compliance; it’s about demonstrating a commitment to all your users and enhancing the overall user experience. By choosing an experienced partner for accessibility remediation, you can ensure your website meets the highest standards of accessibility and remains a valuable asset for all visitors.

Ready to get started? Contact us today to schedule a complementary ADA Strategy Briefing so that you can confidently take this next step into digital accessibility.
Greg McNeil

July 30, 2024

ADA Web Accessibility

Accessibility, Accessibility Remediation, Web Accessibility Remediation, Web Accessibility Solution, Website Accessibility, Website Accessibility Tools
Unlocking the Power of Web Accessibility: Boost Your ROI
Hey there, website owners and content creators! Let’s talk about something that’s important for your website but often gets overlooked: web accessibility. You might wonder why you should care about it or what’s in it for you. Well, we’re here to tell you that making your website accessible is not just a nice thing to do—it’s also a smart business move with great return on investment (ROI).

The Benefits of Web Accessibility

First things first, what is web accessibility? Simply put, it means making your website usable for everyone, including people with disabilities. This can involve adding captions to videos for the hearing impaired, ensuring your site can be navigated with a keyboard for those who can’t use a mouse, and much more.

Here are some fantastic benefits of web accessibility:
1. Reach a Larger Audience: Around 16% of the world’s population has some form of disability. In the United States, that’s millions of potential visitors. By making your website accessible, you open the door to a whole new audience.
2. Improved SEO: Search engines love accessible websites. Features that make your site easier for people to use, like alt text for images and clear headings, also help search engines understand and rank your content better.
3. Better User Experience: An accessible website is easier for everyone to use, not just people with disabilities. Clear navigation, readable text, and fast load times make for a smoother, more enjoyable experience.
4. Legal Compliance: In the US, there are laws and regulations like the Americans with Disabilities Act (ADA) that require websites to be accessible. Avoiding legal trouble is always a good idea!
5. Positive Brand Image: Showing that you care about all your users can boost your brand’s reputation. People appreciate companies that are inclusive and socially responsible.
Calculating Your ROI on Web Accessibility

So, how do you figure out if investing in web accessibility is worth it? Let’s break it down:
1. Determine Your Costs: Start by figuring out how much you’ll spend on making your website accessible. This can include hiring an accessibility expert, buying software tools, and training your team. Let’s say you spend $10,000 on these improvements.
2. Estimate Your Returns: Next, think about the benefits you’ll gain. These might include increased traffic from people with disabilities, better SEO rankings leading to more organic traffic, and avoiding legal fines. If these changes bring in an additional $20,000 in revenue, your return is $20,000.
3. Calculate Your ROI: The formula for ROI is (Returns – Costs) / Costs * 100. In our example, it’s ($20,000 – $10,000) / $10,000 * 100, which equals 100%. That’s a 100% return on your investment!
Remember, these numbers are just examples. Your actual costs and returns will vary, but the key idea is that investing in web accessibility can bring in more money than you spend.

Being Proactive Pays Off

Now, let’s talk about why being proactive with web accessibility offers an incredible ROI.
1. Stay Ahead of the Curve: Many businesses wait until they face a legal challenge or public backlash to make their websites accessible. By being proactive, you can avoid these issues and stay ahead of your competition.
2. Long-Term Savings: Fixing accessibility issues early is often cheaper than doing a major overhaul later. Think of it like maintaining your car. Regular maintenance is less costly than a major repair down the road.
3. Continuous Improvement: When you make accessibility a priority, you’re always improving your site. This keeps it up-to-date and user-friendly, which means visitors are more likely to stick around and come back.
4. Enhanced Customer Loyalty: When users know they can rely on your website to be accessible, they’re more likely to become repeat visitors and loyal customers. This can lead to increased sales and a stronger, more loyal customer base.
Steps to Get Started with Web Accessibility

Feeling convinced? Great! Here are some steps to help you get started:
1. Conduct an Accessibility Audit: Start by checking how accessible your current website is. There are tools and experts who can help with this.
2. Set Clear Goals: Decide what you want to achieve with your accessibility improvements. This could be a certain level of compliance, better user experience, or higher SEO rankings.
3. Make a Plan: Outline the steps you need to take to reach your goals. This might include updating your website’s code, adding accessibility features, and training your team.
4. Implement Changes: Start making the necessary changes. It’s okay to start small and make improvements gradually.
5. Test and Iterate: Regularly test your website to ensure it remains accessible. Make adjustments as needed to keep up with new standards and technologies.
Web Accessibility:A Win-Win Investment

Investing in web accessibility is a win-win for everyone. It not only helps people with disabilities but also enhances your website’s performance and elevates your brand’s image. The return on investment can be incredibly rewarding. By prioritizing accessibility, you’re positioning your website for long-term success.

Ready to take the next step? Schedule a complimentary ADA strategy briefing with 216digital today. Let’s work together to make your website accessible and ensure that your investment pays off!
Greg McNeil

July 29, 2024

ADA Web Accessibility

Benefits of Web Accessibility, ROI, Web Accessibility, Website Accessibility
How Long Does It Take to Make Your Website Accessible?
In today’s digital age, having an accessible website is not just a nice-to-have—it’s essential. Whether you’re running a small business or managing a large enterprise, ensuring your website is accessible to everyone, including those with visual impairments, is crucial. But just how long does it take to make your website accessible, and what steps should you take? Let’s dive into the process and explore the differences between various approaches to web accessibility.

The Journey to Web Accessibility: A Long Road?

Making a website fully accessible often seems like a daunting and lengthy process. You might have heard about the Web Content Accessibility Guidelines (WCAG) 2.1 AA standards, which provide a comprehensive framework for web accessibility. These guidelines cover a wide range of accessibility features and can seem overwhelming to tackle all at once.

What is WCAG 2.1 AA?

WCAG 2.1 AA is a set of guidelines created by the World Wide Web Consortium (W3C) to ensure that websites are accessible to people with disabilities. These standards include recommendations for making content perceivable, operable, understandable, and robust. To be WCAG 2.1 AA compliant, a website must meet specific criteria in these areas.

The process of making your site fully conformant can be complex. It involves:
1. Auditing Your Site: This means reviewing your website to identify all accessibility issues.
2. Fixing Issues: After identifying problems, developers need to resolve them, which can involve code changes, redesigns, and adjustments to content.
3. Testing: Ensuring that the fixes are working as intended and that the website remains functional and user-friendly.
4. Ongoing Maintenance: Accessibility is not a one-time fix; continuous updates and audits are necessary to keep up with new content and technologies.
Depending on the size and complexity of your website, this comprehensive process could take several months. It’s a detailed approach aimed at achieving full compliance, but it may not be the most efficient route for every business.

The Focused Approach: Quick Fixes for High-Risk Issues

Not every website needs to go through a full WCAG 2.1 AA conformance process right away. For many businesses, focusing on specific, high-risk accessibility issues can provide significant benefits with a much shorter timeline.

High-Risk Accessibility Issues

Certain accessibility problems are more likely to lead to legal action or complaints. By addressing these critical issues first, you can reduce the risk of Americans with Disabilities Act (ADA) lawsuits and significantly improve the user experience for those with visual impairments. Companies like 216digital offer a focused approach to accessibility, where they tackle these high-risk areas in a matter of days—often within a week.

Benefits of a Focused Approach
1. Speed: You can quickly address the most critical issues, reducing your legal risks and improving accessibility in a short timeframe.
2. Cost-Effective: Targeting specific issues can be less expensive than a full overhaul, especially if you’re on a tight budget.
3. Immediate Impact: High-impact fixes can make a noticeable difference in user experience right away.
For many businesses, starting with a focused approach provides a practical solution and a strong foundation for further accessibility improvements over time.

Consulting Firms: Audit Reports vs. In-House Fixes

When choosing a firm to help with web accessibility, you’ll often encounter two types of services:
1. Audit-Only Firms: These companies provide a detailed report of accessibility issues but do not fix them. The responsibility for implementing changes falls on your shoulders.
2. Full-Service Firms: These firms, like 216digital, not only identify accessibility issues but also handle the fixes in-house.
Audit-Only Firms

Audit-only firms give you a comprehensive overview of what’s wrong with your website but leave the fixing to you. This approach has some downsides:
- Implementation Delays: Without a dedicated team to make changes, it can take time to address the issues yourself or through another developer.
- Additional Costs: You’ll likely need to hire another service to implement the changes, which can lead to increased costs and extended timelines.
- Unclear Prioritization: The report might highlight many issues without prioritizing them, making it harder to know where to start.
Full-Service Firms

On the other hand, full-service firms provide a more integrated solution:
- End-to-End Service: They handle both the audit and the fixes, streamlining the process and ensuring that accessibility issues are resolved efficiently.
- Faster Turnaround: With an in-house team managing everything, changes are made more quickly, often within a week or two.
- Expertise: These firms have specialized knowledge and experience, which can lead to higher quality and more effective fixes.
Choosing a full-service firm like 216digital can save you time, reduce stress, and provide peace of mind knowing that your accessibility needs are being handled by experts.

The Realities of Web Accessibility

Making your website accessible is not just about compliance; it’s about creating a better experience for all users. Here’s why investing in web accessibility is worthwhile:
1. Legal Protection: By addressing key accessibility issues, you minimize the risk of legal action related to ADA compliance.
2. Wider Audience: Accessible websites reach a broader audience, including individuals with disabilities who might otherwise be excluded.
3. Improved User Experience: Many accessibility features, such as clear navigation and text alternatives, also benefit users without disabilities.
A Practical Timeline

To sum up, if you’re looking to address high-risk accessibility issues quickly, focusing on these areas can be done in as little as a week with the right team. For a full WCAG 2.1 AA conformance, the process is more involved and can take several months. Choosing between an audit-only firm and a full-service firm can significantly impact your timeline and overall experience.

If you’re concerned about web accessibility for your website and want to get started quickly, consider working with a firm like 216digital. Our expertise and focused approach can help you address critical issues fast, giving you a solid start toward a more accessible website. Contact us today to schedule a complementary ADA Strategy Briefing so that you can confidently take this next step into digital accessibility.

Remember, web accessibility is an ongoing journey, not a one-time project. Investing in accessibility is investing in a better, more inclusive web experience for everyone.

By understanding the different approaches to web accessibility and the timelines involved, you can make informed decisions that align with your business needs and goals. Whether you opt for a focused fix or a full WCAG 2.1 AA compliance, taking steps toward a more accessible website will benefit both your users and your business.
Greg McNeil

July 26, 2024

ADA Web Accessibility

Accessibility, Accessibility Remediation, ADA Compliance, digital accessibility, Web Accessibility Remediation, Website Accessibility
Why is Web Accessibility Training Important?

So, you’ve engaged with a web remediation specialist and improved your website’s digital inclusivity. What’s next? To avoid moving backward and introducing new accessibility barriers, your team should attend an accessibility training session. Let’s discuss why digital accessibility and accessibility training are so important and how they can benefit not only your users but also your business.

What is Digital Accessibility?

Digital accessibility refers to making websites, applications, and other digital content usable by everyone, including people with disabilities. A wide range of disabilities may impact user experience, including visual, auditory, physical, speech, cognitive, and neurological disabilities. By ensuring that your digital content is accessible, you’re making it possible for all users to navigate, understand, and interact with your website.

Why Does Web Accessibility Matter?

Inclusivity and Equality

At its core, digital accessibility is about inclusivity and equality. The internet should be a place where everyone can participate, regardless of their abilities. By making your website accessible, you’re promoting equal access to information and services for all users.

Legal Requirements

The United States has legal requirements to ensure websites are accessible. The Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act are two critical pieces of legislation that mandate accessibility. Failing to comply with these laws can result in legal action, fines, and damage to your reputation.

Business Benefits

Accessible websites can reach a larger audience. According to the World Health Organization, over one billion people, or about 16% of the world’s population, have some form of disability. By making your website accessible, you’re doing the right thing and tapping into a significant market. Additionally, accessible websites tend to have better SEO, which can lead to higher search engine rankings and increased traffic.

Enhanced User Experience

Accessibility features often improve everyone’s overall user experience. For example, captions on videos can benefit users in noisy environments, and clear, simple navigation can help users find information more quickly.

What is Accessibility Training?

Although many web platforms strive to build accessibility into their products, it is still essential for anyone who modifies the site to pursue training on how to avoid introducing accessibility barriers. This training covers a wide range of topics, from understanding the needs of people with disabilities to implementing specific accessibility features on a website.

The Importance of Accessibility Training

Understanding User Needs

Accessibility training helps you understand the diverse needs of your users. By learning about the different types of disabilities and how they affect how people interact with digital content, you can create more inclusive websites.

Staying Up-to-Date with Best Practices

The field of digital accessibility is constantly evolving. New technologies and standards are continually being developed to improve accessibility. Accessibility training ensures you stay up-to-date with the latest best practices and guidelines.

Improving Technical Skills

Accessibility training can enhance your technical skills as a developer. You’ll learn to implement accessibility features, such as alt text for images, keyboard navigation, and screen reader compatibility. These skills enhance your website and make you a more versatile and valuable developer.

Avoiding Legal Issues

As mentioned earlier, there are legal requirements for web accessibility. Accessibility training helps you understand these laws and helps avoid frivolous lawsuits. Being proactive can help you avoid legal issues, associated costs, and reputational damage.

Critical Components of Accessibility Training

Web Content Accessibility Guidelines (WCAG)

The WCAG is a set of guidelines developed by the World Wide Web Consortium (W3C) to ensure accessible web content to people with disabilities. Accessibility training covers these guidelines, including the four principles of accessibility: Perceivable, Operable, Understandable, and Robust (POUR).

Assistive Technologies

Training includes information on various assistive technologies, such as screen readers, braille displays, and speech recognition software. Understanding how these technologies work is crucial for creating accessible content.

Practical Implementation

Accessibility training provides practical, hands-on experience with implementing accessibility features. Common concepts include writing accessible code, providing text alternatives for graphical content, and testing your website for accessibility.

User Testing

User testing is an essential part of accessibility training. You’ll learn how to conduct accessibility audits and usability testing with people with disabilities. Through user testing, you can identify any accessibility issues and proactively remove accessibility barriers.

How to Get Started with Accessibility Training

Online Courses

216digital includes accessibility training in every web remediation project. When we evaluate your website, we have an excellent opportunity to understand your team’s specific processes and can develop tailored training that is highly targeted and easy to follow.

Professional Certifications

Earning a professional certification in accessibility can enhance your skills and credibility. Certifications such as the Certified Professional in Accessibility Core Competencies (CPACC) and the Web Accessibility Specialist (WAS) from the International Association of Accessibility Professionals (IAAP) are recognized in the industry.

Join Accessibility Communities

Joining accessibility communities can provide support and resources as you learn about digital accessibility. Websites like WebAIM (Web Accessibility In Mind) and the W3C Web Accessibility Initiative offer forums, articles, and guidelines to help you stay informed.

Hands-On Practice

The best way to learn about accessibility is through hands-on practice. Start by conducting an accessibility audit of your website and implementing the necessary changes. Use tools like the WAVE (Web Accessibility Evaluation Tool) and Google Lighthouse to test your website and identify areas for improvement.

Conclusion

Digital accessibility is not just a legal requirement but a moral obligation. By making your website accessible, you’re ensuring that everyone can access and interact with your content regardless of their abilities. Accessibility training is crucial in this process, providing you with the knowledge and skills to create inclusive digital experiences.

Investing in accessibility training benefits your users, your business, and society. It enhances the user experience, expands your audience, and helps you avoid costly litigation. As website owners, developers, and content creators, it’s our responsibility to make the web a more accessible place for everyone.

So, take the first step today. 216digital has accessibility experts on deck, ready to help with all your accessibility needs. Your users will thank you, and you’ll be contributing to a more inclusive digital world.

Greg McNeil

July 25, 2024

ADA Web Accessibility

Accessibility, Accessibility Training, ADA Compliance, Web Accessibility Training, Website Accessibility, Website Accessibility Tools
Choosing the Right Web Accessibility Solution
In today’s digital age, ensuring that your website is accessible to all users, including those with disabilities, is not just a legal obligation but also a moral imperative. With the implementation of laws like the Americans with Disabilities Act (ADA) and the European Accessibility Act (EAA), businesses must prioritize website accessibility to avoid potential legal repercussions and to foster an inclusive online environment. This guide will help you choose the right web accessibility solution for your organization, depending on your needs, goals, and budget. We will also highlight the ADA remediation services offered by 216digital, a leader in the field.

Understanding Website Accessibility and ADA Conformance

Website accessibility refers to the inclusive practice of ensuring that websites are usable by people of all abilities and disabilities. This includes making content perceivable, operable, and understandable, and robust for individuals with visual, auditory, motor, and cognitive impairments. ADA conformance means that a website meets the standards set by the ADA, which often align with the Web Content Accessibility Guidelines (WCAG) developed by the World Wide Web Consortium (W3C).

Assessing Your Needs and Goals

Before diving into the web accessibility solutions available, it’s crucial to assess your organization’s specific needs and goals. Here are some key considerations:
1. Legal Compliance: Determine the legal requirements applicable to your business. For U.S. companies, ADA compliance is mandatory, while European companies must adhere to the EAA. Understanding these requirements will guide your accessibility efforts.
2. Audience: Consider your target audience and their potential accessibility needs. For example, if your website serves a large population of elderly users, you may need to focus more on features that improve readability and navigation.
3. Current State of Accessibility: Conduct an accessibility audit to identify existing issues. This will help you understand the scope of work required and prioritize improvements.
4. Budget: Establish a budget for accessibility improvements. Costs can vary widely depending on the complexity of your website and the extent of remediation needed.
5. Internal Expertise: Assess whether your team has the necessary skills and knowledge to implement accessibility changes or if you need external support.
Choosing the Right Web Accessibility Solution

Once you have a clear understanding of your needs and goals, you can start exploring the available solutions. Here are some tips for choosing the right web accessibility solution for your organization:

Automated Accessibility Tools

Automated audits like Lighthouse, WAVE, and Firefox Inspector are a great starting point for identifying common accessibility issues. These tools quickly show potential problems, such as missing alt text, incorrect heading structures, and broken links. They give you a report with these findings, which you can use as a starting point to make your site more accessible. Some popular automated tools include:
- Google Lighthouse: An open-source tool that provides audits for performance, accessibility, SEO, and more, generating detailed reports and actionable insights to improve website accessibility and user experience.
- WAVE (Web Accessibility Evaluation Tool): A web accessibility evaluation tool that highlights accessibility issues directly on the webpage, providing visual feedback and detailed reports to help identify and address barriers for users with disabilities.
- Firefox Inspector: A built-in tool in Firefox’s developer tools that allows users to inspect, modify, and debug HTML and CSS, including accessibility properties, helping developers ensure compliance with accessibility standards.
Pros of Automated Accessibility Tools
1. Speed: Automated tools can scan an entire website in minutes, providing a quick overview of accessibility issues.
2. Cost-Effective: These tools are generally less expensive than manual audits or professional services.
3. Convenience: useful for identifying widespread issues to ensure ongoing compliance.
Cons of Automated Accessibility Tools
1. Limited Scope: Automated tools cannot catch all accessibility issues, especially those involving user experience and context.
2. False Positives/Negatives: These tools can sometimes flag issues that aren’t actually problems or miss real issues, leading to incomplete compliance.
3. Lack of Detailed Guidance: While they provide suggestions, they often lack the detailed guidance needed to fix complex issues.
Manual Audits and User Testing

Manual audits and user testing provide a more in-depth analysis of your website’s accessibility. Accessibility experts will go through your site carefully, checking each part to make sure it follows WCAG’s guidelines. This is a detailed process where experts use different browsers and assistive tools, like screen readers or voice recognition software, to find and fix any small problems with accessibility.

Pros of Manual Audits and User Testing
1. Thoroughness: Human experts can identify complex issues that automated tools might miss.
2. Real-World Testing: User testing ensures that your site is usable for people with disabilities.
3. Detailed Reports: Manual audits provide in-depth reports and specific recommendations for improvement.
Cons Manual Audits and User Testing
1. Cost: Manual audits and user testing can be expensive, especially for large websites.
2. Time-Consuming: These processes take longer than automated scans, delaying the implementation of fixes.
3. Resource-Intensive: They require skilled professionals to coordinate with users with disabilities.
Accessibility Overlays and Plugins

Accessibility overlays and plugins offer quick fixes for improving accessibility. These solutions typically add features like screen reader compatibility, keyboard navigation, and color contrast adjustments by modifying a website’s code with a snippet of JavaScript.

Pros Accessibility Overlays and Plugins
1. Quick Implementation: Overlays can be added to your site quickly, offering an immediate boost in accessibility.
2. User Control: They often allow users to customize their experience, such as adjusting font sizes or contrast levels.
3. Cost-Effective: Generally cheaper than comprehensive manual audits or professional services.
Cons Accessibility Overlays and Plugins
1. Superficial Fixes: Overlays may not address the root causes of accessibility issues, leading to only superficial compliance.
2. User Frustration: Some users with disabilities find overlays intrusive or ineffective.
3. Potential Legal Risks: Reliance on overlays alone may not meet legal accessibility standards, potentially exposing your site to legal action.
Check out our guide on web accessibility overlays for more details on how they might make your website a target for a frivolous ADA lawsuit.

Consulting and Professional Services

For organizations seeking a thorough and sustainable approach to accessibility, consulting, and professional services are ideal. These provide customized solutions based on your specific needs, including expert guidance, comprehensive audits, remediation, and ongoing support.

Pros Consulting and Professional Services
1. Expert Guidance: Professionals bring a wealth of experience and expertise to ensure comprehensive accessibility.
2. Custom Solutions: Services are tailored to your website’s unique needs and requirements.
3. Ongoing Support: Many consulting firms offer ongoing support and training to maintain accessibility.
Cons Consulting and Professional Services
1. High Cost: Professional services are typically the most expensive option.
2. Dependency: Relying on external consultants can create dependency, potentially slowing down internal development processes.
3. Implementation Time: Custom solutions take time to develop and implement, potentially delaying compliance.
216digital’s ADA Remediation Services

When it comes to professional web accessibility solutions, 216digital stands out as a trusted provider of ADA remediation services. Here’s why 216digital is a top choice for ensuring your website meets ADA conformance:

Risk Mitigation

Through our extensive experience and collaboration with key legal players, 216digital has determined the metrics and red flags that cause companies to get hit with ADA non-compliance lawsuits. We know exactly how to take the target off of your back so that you can forget about the ambulance chasers and focus on growing your business.

Our goal through this service is to get the best possible settlement through the improvement of your automated scan results. Identifying and removing web accessibility errors detected with scanning tools and those addressed in the lawsuit. Providing an Accessibility Statement, Skip Link, and Focus Outlines as window dressing to further prevent copycats. Ensure you don’t fall victim to copycat legislation by getting your metrics below internally established risk tolerance thresholds.

Real-World Accessibility

While automated accessibility scans are functional and convenient, they only curate about 30% of issues, leaving your website exposed to a lawsuit and your customers with a poor user experience.

WCAG 2.1 Professional Audits provide insight that accessibility software can’t, which is essential to ensuring that disabled users can access your website to their fullest extent. Only through professional auditing, page-by-page click-throughs, and testing assistive technology such as screen readers and keyboard-only commands can your website reach full accessibility compliance.

Our Web Accessibility Professionals will evaluate and examine the accessibility level of your website’s UI, source code, usability, and design. Then, they will implement solutions focused on three key areas:
- Screen reader and assistive technology compatibility
- Keyboard-only navigation, operation, and orientation
- UI and design
Ongoing Support and Monitoring

Accessibility monitoring is an ongoing and proactive process that regularly checks online content for accessibility violations. Think of it as an early warning system, allowing developers and content creators to identify and fix potential barriers quickly.

216digital’s a11y. Radar is an automated tool that regularly checks your website for ADA compliance. It tracks your ongoing efforts, whether they’re done by your in-house team or an outside agency. You’ll get access to detailed dashboards and updates on any content, code, or user experience issues that might affect your website’s accessibility. Plus, our easy-to-use interface lets your team see current problems and manage any changes that need to be made.

Here are some of a11y. Radar’s key features:
- Dynamic Dashboard Display
- Compliance Scans
- Detailed Issue Reports
- Issue Tracking Over Time
- Manual Testing Reports
- Email Alerts
- Current Web Compliance Status
Conclusion

Choosing the right web accessibility solution is crucial for ensuring that your website is inclusive, usable, and conforms to legal standards. By assessing your needs, goals, and budget, you can determine the most appropriate approach, whether it’s using automated tools, conducting manual audits, implementing accessibility overlays, or partnering with professional services like 216digital.

216digital‘s ADA remediation services offer a comprehensive, customized, and user-centered solution to web accessibility. By leveraging their expertise, you can achieve ADA conformance and provide a better online experience for all users, ultimately fostering an inclusive digital environment and protecting your organization from potential legal challenges.

Investing in web accessibility is not just about compliance; it’s about creating a web that works for everyone. Take the first step today and choose the right accessibility solution for your organization.
Greg McNeil

July 23, 2024

ADA Web Accessibility

Accessibility Remediation, ADA Web Accessibility, digital accessibility, Web Accessibility, Web Accessibility Remediation, Web Accessibility Solution
Why Accessible Buttons Matter for Your Website
As a website owner, developer, or content creator, you’ve probably heard the term “web accessibility” tossed around. But what does it really mean, and why should you care? Specifically, how do accessible buttons fit into this equation? In today’s blog post, we’ll break down everything you need to know about web accessibility for buttons. We’ll cover why it’s essential, the guidelines you need to follow, and practical tips on creating buttons that everyone can use.

Why Web Accessibility for Buttons is Important

Let’s start with the basics: what is web accessibility? Simply put, web accessibility means designing websites and digital tools so that everyone, including people with disabilities, can use them. This includes people with visual, auditory, cognitive, and motor impairments. Accessible buttons play a huge role in this.

Think about how often you click a button online—whether you’re submitting a form, making a purchase, or navigating to another page. Now imagine trying to do those things if the buttons were hard to see, difficult to click, or didn’t make sense when read by a screen reader. For millions of people, this is a daily reality.

Creating accessible buttons isn’t just about following guidelines—it’s about ensuring that everyone can interact with your website easily and effectively. By making your buttons accessible, you’re not only improving the user experience but also reaching a wider audience, boosting your SEO, and demonstrating social responsibility.

Understanding the WCAG Guidelines for Accessible Buttons

The Web Content Accessibility Guidelines (WCAG) are the go-to resource when it comes to web accessibility. They provide a set of recommendations designed to make web content more accessible to people with disabilities. When it comes to buttons, there are specific guidelines to keep in mind.

Perceivable

Text Alternatives (WCAG 1.1.1)

Every button should have a text alternative that conveys the same information as the visual button. This can be done using alt text or aria-labels. This ensures that users who rely on screen readers can understand the button’s purpose.

Contrast (WCAG 1.4.3)

Buttons should be easily noticeable by all users, not just those with disabilities. Color plays a significant role in this. You’ll want to ensure that both the button color and the text have sufficient contrast. Buttons should have a high contrast ratio of at least 4.5:1 between the text and background colors to ensure they are easy to see, even for users with visual impairments.

Operable

Keyboard Accessibility (WCAG 2.1.1)

Make sure that all buttons can be accessed and activated using a keyboard. This is crucial for users who cannot use a mouse. Not all users are able to use a mouse to navigate the web which means users need to be able to navigate and click on buttons using just their keyboard.

Focus Indicators ( WCAG 2.4.13)

When a button is selected or “focused,” it should be visually distinct so users can easily see which button they’re interacting with. Button elements should be designed to give a clear visual cue to the user. WCAG 2.4.13 recommends at least a 2 CSS pixel thick perimeter around the button.

Understandable

Clear Labels (WCAG 3.3.2)

When creating buttons, make sure the labels are clear and easy to understand, so that users know what will happen when they click the button. You can use WAI-ARIA (ARIA roles) to help with this. By including ARIA labels in your HTML, you can avoid confusion and anxiety around buttons and clearly communicate what action will follow when the button is clicked.

Consistent Navigation (WCAG 3.2.3)

If your website uses buttons for navigation, ensure that the buttons are consistent across pages to avoid confusion.

Robust

Screen Reader Compatibility (WCAG 4.1.2)

Did you know that buttons have different states besides their default one? This includes hover, click, active, and more. Each of these states needs to have clear cues so that users with disabilities and assistive technologies can easily use them. It’s important to make sure your buttons work on different devices and web browsers, including with tools like screen readers.

We recommend testing your content with different types of screen readers, like NVDA, Voiceover, or JAWS, to ensure that they are being announced as buttons and not links.

How to Create Accessible Buttons

Now that you understand the importance and guidelines of web accessibility for buttons, let’s explore the practical steps you can take to make them accessible.

Use Semantic HTML

One of the simplest ways to make your buttons accessible is to use the correct HTML elements. For example, use the <button> tag for buttons rather than trying to repurpose other tags like <div> or <span>. The <button> tag is designed for user interaction and is inherently more accessible because it’s recognized by assistive technologies.

Here’s a quick example:
```
<button type="submit">Submit</button>
```
This button is easy for screen readers to identify and interact with. It also works well with keyboards, making it accessible to a broader audience.

Make Sure Button Labels are Clear and Descriptive

Button labels should be straightforward and describe the action that will occur when clicked. Avoid using vague labels like “Click Here” or “More” because they don’t provide enough context. Instead, be specific. For instance, “Submit Form,” “Download Report,” or “Add to Cart” are much better options.

A clear label helps everyone, but it’s especially crucial for screen reader users. When the screen reader announces the button, the user should instantly understand what will happen if they activate it.

Provide Alt Text or ARIA Labels for Buttons

If your button uses an image or icon instead of text, you need to provide an accessible name for the button. This can be done with alt text or an aria-label. This ensures that screen readers can announce the button’s function to the user.

Here’s an example:
```
<button aria-label="Search">
<img src="search-icon.png" alt="">
</button>
```
In this case, the aria-label tells the screen reader that this is a search button, even though the button itself only displays an image.

Ensure High Contrast for Better Visibility

High contrast between the button text and background is essential for users with visual impairments, including color blindness. WCAG recommends a contrast ratio of at least 4.5:1 for normal text and 3:1 for large text.

For example, if your button has white text on a blue background, make sure the shade of blue is dark enough to provide sufficient contrast.

Test Keyboard Accessibility

Many users rely on a keyboard rather than a mouse to navigate a website. Ensure that all buttons can be accessed using the Tab key and activated with the Enter or Space key.

To test this, try navigating your site using only the keyboard. If you can’t reach or activate a button, you’ll need to adjust your code to make it keyboard accessible.

The Role of Button Labels in Web Accessibility

Button labels are crucial in web accessibility. They guide users on what to do next and are particularly important for those using screen readers or other assistive technologies. Here’s how to get button labels right:

Write Alt Text as Simple Sentences

If your button includes an image or icon, write alt text that clearly and succinctly describes the button’s action. Alt text should be simple, direct, and written as a complete sentence whenever possible.

For example:
```
<button aria-label= "Download report">
<img src="download-icon.png" alt="Download report">
</button>
```
This alt text tells the user exactly what the button does. Avoid overly complex or vague descriptions, as they can confuse users.

Avoid Repeat or Redundant Button Labels

On some websites, you might find multiple buttons with the same label, like several “Learn More” buttons on a single page. This can be confusing for users who rely on screen readers, as they won’t know which “Learn More” button corresponds to which section of content.

To avoid this, make sure each button label is unique and descriptive. If you have several buttons that perform similar actions, differentiate them by adding context. For example:
- “Learn More About Our Services”
- “Learn More About Our Products”
- “Learn More About Our Team”
Testing and Maintaining Accessible Buttons

Once you’ve created accessible buttons, it’s important to test them regularly to ensure they work as expected. Here are some ways to test your buttons:

Screen Reader Testing

Use a screen reader like NVDA (Windows), Voiceover (Mac), or JAWS to navigate your website. Ensure that each button is announced correctly and that its purpose is clear.

Keyboard Navigation

Test your site using only a keyboard to make sure that all buttons are accessible and functional. Check that the focus state is visible and that buttons can be activated with the Enter or Space key.

Color Contrast Testing

Use tools like the WCAG Contrast Checker to verify that your button colors meet accessibility standards.

Ongoing Maintenance

Web accessibility is not a one-time task. As you add new content and features to your website, make sure that any new buttons meet accessibility guidelines. Regularly audit your site to catch and fix any issues.

216digital’s a11y.Radar ADA Monitoring

With 216digital’s a11y.Radar, maintaining an ADA-compliant website is easier than ever. This automated platform continuously audits your site, reporting on accessibility efforts by your team or an external agency. You’ll get real-time updates on potential issues, access to an intuitive dashboard, and tools to manage and resolve problems.

Key Features:
- Dynamic Dashboard
- Compliance Scans
- Detailed Issue Reports
- Issues Over Time Tracking
- Manual Testing Reports
- Email Alerts
- Current Compliance Status
Schedule a complimentary ADA Strategy Briefing to speak with one of our accessibility experts about a11y.Radar ADA Monitoring today.

Button Up for Web Accessibility

Web accessibility is essential for creating an inclusive online experience, and accessible buttons are a crucial part of that equation. By following the WCAG guidelines, using clear and descriptive labels, and testing your buttons for accessibility, you can ensure that your website is usable by everyone.

Remember, accessible buttons not only help users with disabilities—they improve the overall user experience for everyone. As a website owner, developer, or content creator, making your buttons accessible is a simple yet powerful way to make your site more inclusive and effective.

So, the next time you add a button to your website, take a moment to consider its accessibility. It’s a small effort that can make a big difference.
Greg McNeil

July 23, 2024

ADA Web Accessibility

Accessibility, Accessible Buttons, ADA Compliance, ADA Website Compliance, web development, Website Accessibility
The European Accessibility Act: How to Prepare
In an increasingly digital world, accessibility is more than just a buzzword—it is necessary. The European Accessibility Act (EAA) is a transformative piece of legislation that will significantly impact businesses and organizations across the European Union. Understanding what the EAA entails and taking proactive steps to comply can ensure legal compliance, expand your audience, and improve the user experience.

What is the European Accessibility Act (EAA)?

The European Accessibility Act, adopted in 2019, aims to improve the functioning of the internal market for accessible products and services by removing barriers created by divergent rules in Member States. This directive focuses on enhancing accessibility for people with disabilities, ensuring they have equal access to products and services, particularly in the digital domain.

The EAA applies to various sectors, including:
- Computers and operating systems
- ATMs, ticket kiosks, and check-in terminals
- Smartphones
- Digital TV equipment and related accessories
- Telecommunication services and equipment
- Access to audio-visual media, including TV broadcasts and related consumer devices
- Transportation services for air, bus, rail, and maritime travel
- Banking services
- E-books
- Online shopping and e-commerce
The deadline for compliance is June 28, 2025, giving organizations a clear timeframe to adapt their products and services to meet these new standards. Non-compliance can lead to significant penalties, and more importantly, it may alienate a substantial portion of the market.

Preparing for the EAA: Steps to Increase Digital Accessibility

Preparing for the EAA involves thoroughly understanding the requirements and taking systematic steps to ensure your organization is compliant. Here are essential steps to help you prepare:

1. Understand the Specific Requirements for the EAA

The first step towards compliance is to understand the specific requirements of the EAA fully. Begin by …
- Reviewing the text of the legislation to understand the general and specific obligations.
- Identify which products and services your organization offers fall under the scope of the EAA.
- Consult legal experts or accessibility consultants to interpret the requirements for your specific case.
2.Conduct an Accessibility Audit

An accessibility audit comprehensively evaluates your digital products and services to identify areas not meeting accessibility standards. This audit should cover:
- Websites and web applications
- Mobile apps
- Electronic documents (e.g., PDFs, e-books)
- Software and hardware interfaces
The audit should be conducted by professionals well-versed in the Web Content Accessibility Guidelines (WCAG) 2.1, as these guidelines form the basis for many of the EAA’s requirements.

3.Develop an EAA Accessibility Strategy

Based on the audit findings, develop a clear and actionable accessibility strategy. This strategy should include:
- Setting Goals: Define specific, measurable, achievable, relevant, and time-bound (SMART) goals for accessibility improvements.
- Allocating Resources: Determine the budget, personnel, and tools required to implement accessibility improvements.
- Creating a Timeline: Establish a timeline for achieving compliance, with milestones to track progress.
4.Implement Accessibility Improvements

With a strategy in place, begin implementing the necessary changes. Key areas to focus on include:
- Web and Mobile Accessibility: Ensure your websites and mobile apps comply with WCAG 2.1 AA standards. This includes providing text alternatives for non-text content, making content easily navigable, and making all functionalities available via keyboard.
- Document Accessibility: Make sure electronic documents, such as PDFs and e-books, are accessible. This involves proper formatting, including headings, lists, and tables, and ensuring screen readers can interpret the content correctly.
- Software and Hardware Interfaces: Ensure that software interfaces are navigable and operable by people with disabilities. This might involve providing tactile indicators, voice control, or other assistive features for hardware.
5.Train Your Team on the EAA

Accessibility is not a one-time project but an ongoing commitment. Train your team on accessibility best practices to ensure that accessibility is integrated into your organizational culture. This training should cover:
- Designers and Developers: Training on how to create accessible user interfaces and code.
- Content Creators: Guidance on writing accessible content and using accessible formats.
- Customer Service Staff: Educating on how to assist customers with disabilities.
6.Engage with Users with Disabilities

User testing is a critical component of accessibility. Engage with users with disabilities to test your products and services. Their feedback will provide invaluable insights into real-world accessibility issues and help you make necessary adjustments.

7.Monitor and Maintain Accessibility

Accessibility is an ongoing process. Establish procedures for regularly monitoring and maintaining accessibility standards. This includes:
- Regular Audits: Conduct regular accessibility audits to ensure continued compliance.
- User Feedback: Create channels for users to report accessibility issues and ensure these reports are addressed promptly.
- Staying Updated: Keep abreast of updates to accessibility standards and legislation to ensure ongoing compliance.
Benefits of Compliance

Complying with the EAA goes beyond avoiding legal repercussions. It offers several significant benefits:
- Wider Audience Reach: By making your products and services accessible, you open your business to a broader audience, including the estimated 135 million people with disabilities in Europe.
- Improved User Experience: Accessibility improvements often enhance the overall user experience, benefiting all users, not just those with disabilities.
- Enhanced Reputation: Demonstrating a commitment to accessibility can improve your organization’s reputation, showing that you value inclusivity and diversity.
- Competitive Advantage: Early compliance can set your organization apart from competitors who may delay or neglect these essential improvements.
Conclusion

The European Accessibility Act is a landmark step towards a more inclusive digital world. By understanding the requirements and taking proactive steps to ensure compliance, organizations can avoid legal penalties, enhance their user experience, reach a broader audience, and demonstrate a commitment to inclusivity.

Schedule a briefing with 216digital today to start preparing to ensure your organization is ready for the EAA and can thrive in an increasingly accessible digital landscape.
Greg McNeil

July 22, 2024

ADA Web Accessibility

Accessibility, digital accessibility, EAA, WCAG Compliance, Website Accessibility
What Are The Most Accessible Shopify Themes?
Hey there, Shopify store owners, developers, and content creators! If you’re reading this, having a stunning online store is critical to attracting customers. But have you ever thought about making your store accessible to everyone, including people with disabilities? In today’s digital age, digital accessibility is crucial and more than just a buzzword. It’s about ensuring everyone can enjoy your site, no matter their abilities. Let’s dive into accessible Shopify themes and why they matter.

Understanding Digital Accessibility

Digital accessibility means designing websites and digital tools so everyone, including people with disabilities, can use them. Disabilities can be visual, auditory, physical, speech, cognitive, or neurological. When your site is accessible, you’re not just following best practices but also reaching a broader audience, enhancing your SEO, and showing you care about all your visitors.

Why Accessibility Matters for Shopify Stores

Shopify is one of the best e-commerce platforms for creating beautiful online stores. But beauty isn’t everything. Accessibility matters because:
1. Inclusivity: Making your site accessible ensures everyone can use it, including those with disabilities. This increases your potential customer base.
2. Legal Compliance: In the US, websites must comply with the Americans with Disabilities Act (ADA). Not following these guidelines can lead to lawsuits.
3. SEO Benefits: Accessible sites are often better optimized for search engines, meaning better rankings and more traffic.
4. Better User Experience: An accessible site is usually more user-friendly, keeping customers returning.
What Makes a Shopify Theme Accessible?

So, what should you look for in an accessible Shopify theme? Here are some key features:
1. Keyboard Navigation: Users should be able to perform actions on your site using just a keyboard.
2. Screen Reader Compatibility: Your site should work well with screen readers, which helps visually impaired users navigate the web.
3. Text Alternatives: All images should have alt text so screen readers can describe them to users.
4. Color Contrast: Text should have enough contrast with the background to be easily readable.
5. Resizing Text: Users should be able to zoom and resize text without breaking your site’s layout.
6. Clear Labels and Instructions: Forms and buttons should be clearly labeled so users know what they’re for.
Top Accessible Shopify Themes Compatible with Online Store 2.0

Now, let’s get into some of the most accessible Shopify themes compatible with Online Store 2.0. These themes are designed with digital accessibility in mind, ensuring your store is usable for everyone.

Dawn

Dawn is Shopify’s flagship theme for Online Store 2.0 and is built with accessibility in mind.
- Keyboard Navigation: Dawn is fully navigable via keyboard, making it accessible for users who can’t use a mouse.
- Screen Reader Support: The theme is compatible with screen readers, ensuring visually impaired users can access all content.
- High Contrast: Dawn offers excellent contrast between text and background, which helps users with low vision.
Craft

Craft is perfect for stores with a focus on aesthetics and usability.
- Text Alternatives: Every image in Craft can have alt text, making it accessible for screen readers.
- Flexible Design: The theme’s layout adjusts well when text is resized, ensuring it remains readable.
- Clear Instructions: Forms and interactive elements in Craft are clearly labeled.
Sense

Sense is a clean and modern theme designed for ease of use and accessibility.
- High Contrast Mode: Sense offers a high-contrast color scheme, improving readability for low-vision users.
- Accessible Forms: Forms are well-labeled and easy to use, ensuring everyone can complete purchases without hassle.
- Keyboard-Friendly: Like the others, Sense is designed to work well with keyboard navigation.
Crave

Crave is a stylish theme that combines modern design with robust accessibility features.
- Responsive Design: Crave’s responsive design ensures it looks great and works well on all devices, which is crucial for accessibility.
- Alt Text: All images can have alt text, which is essential for screen reader users.
- Clear Navigation: The navigation is straightforward to use, making it accessible to everyone.
Refresh

Refresh is ideal for stores that want a clean, modern look without compromising on accessibility.
- Keyboard Navigation: The theme supports full keyboard navigation, ensuring users with disabilities can easily browse.
- High Contrast: Refresh uses high contrast in its design, improving readability.
- Screen Reader Friendly: It’s built to work seamlessly with screen readers.
Tips for Enhancing Accessibility on Your Shopify Store

Choosing an accessible theme is just the first step. Here are some additional tips to make your Shopify store even more accessible:
1. Add Alt Text to Images: Every image on your site should have alternative text. This action helps screen reader users understand what’s on your site.
2. Use Descriptive Links: Instead of “click here,” use descriptive text like “view our latest collection.”
3. Ensure Text Readability: Use large, clear fonts and high-contrast colors.
4. Test Your Site: Regularly check your site with the WAVE Web Accessibility Evaluation Tool for accessibility issues.
5. Provide Keyboard Shortcuts: Offer keyboard shortcuts for common actions to make navigation easier.
6. Accessible Forms: Make sure forms are easy to use and clearly labeled.
7. Regular Updates: Keep your site and theme updated to fix any accessibility issues.
Conclusion

Digital accessibility isn’t just about ticking a box; it’s about creating an inclusive and user-friendly experience for all your visitors. Choosing an accessible Shopify theme like Dawn, Craft, Sense, Crave, or Refresh is a great start.

Remember, an accessible site broadens your customer base, boosts your SEO, and helps you comply with legal requirements. So, take the time to invest in digital accessibility—it’s worth it!

Starting your web accessibility journey on Shopify has never been easier with 216digital by your side. Schedule a complimentary ADA Strategy Briefing with our experts to craft a tailored plan for integrating WCAG 2.1 compliance into your development roadmap. We’re here to guide you every step of the way, ensuring that your online store meets accessibility standards while you focus on growing your business.

Happy selling, and here’s to a more inclusive web!
Greg McNeil

July 18, 2024

ADA Web Accessibility

Accessibility, digital accessibility, Shopify, Shopify Themes, web development, Website Accessibility
The True Cost of ADA Lawsuits: More Than Just Settlements
As a business owner with an online presence, you’re likely familiar with the importance of keeping up with legal requirements and ensuring your website meets certain standards. However, one area that might not be on your radar but deserves serious attention is web accessibility and the potential for ADA lawsuits.

Understanding Web Accessibility

Web accessibility refers to the practice of ensuring that websites and web applications are usable by everyone, including people with disabilities. This includes making content perceivable, operable, understandable, and robust for all users, regardless of their abilities or disabilities.

The Americans with Disabilities Act (ADA) was enacted in 1990 to prohibit discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and public and private places that are open to the general public. Over the years, courts have extended ADA requirements to include websites and digital platforms, considering them as places of public accommodation.

The Rise of ADA Lawsuits

In recent years, there has been a significant increase in lawsuits against businesses alleging that their websites are not accessible to individuals with disabilities. These lawsuits typically cite violations of the ADA, claiming that inaccessible websites prevent full and equal access to goods and services.

The cost implications of these lawsuits are often underestimated by businesses. While the immediate financial impact of a settlement can be substantial, the true costs extend far beyond just the monetary figure agreed upon.

Direct Costs: Settlements and Legal Fees

Let’s start with the obvious: the direct costs. When a business is sued for ADA non-compliance, the most immediate expense is usually the settlement paid to the plaintiff. Settlement amounts can vary widely but often range from several thousand to tens of thousands of dollars. In addition to the settlement, businesses often incur significant legal fees defending against these lawsuits, which can escalate quickly depending on the complexity and duration of the case.

Indirect Costs: Reputational Damage and Lost Opportunities

Beyond the financial impact, ADA lawsuits can also have indirect costs that are harder to quantify but equally damaging. One such cost is reputational damage. In today’s digital age, news of an ADA lawsuit can spread quickly through social media and online platforms, potentially tarnishing a business’s reputation and undermining customer trust. For businesses that pride themselves on inclusivity and fairness, being embroiled in an accessibility lawsuit can contradict their values and negatively impact their brand perception.

Moreover, while dealing with a lawsuit, businesses may lose focus on core activities and strategic initiatives. The time and resources spent on legal proceedings could otherwise be invested in improving products and services, expanding market reach, or enhancing customer experiences.

Long-Term Costs: Compliance and Accessibility Upgrades

Perhaps the most overlooked aspect of ADA lawsuits is the long-term cost of achieving compliance and maintaining accessibility. Achieving ADA compliance involves not just fixing issues highlighted in the lawsuit but implementing a comprehensive accessibility strategy that ensures ongoing compliance with evolving standards.

This may include redesigning website elements, restructuring content, integrating assistive technologies, and training staff to create and maintain accessible digital content. These efforts require investments in time, technology, and expertise, all of which contribute to the total cost of addressing accessibility concerns raised by an ADA lawsuit.

The ROI of Web Accessibility

Despite the daunting costs associated with ADA lawsuits, there is a compelling case for investing in web accessibility beyond mere compliance. Research indicates that accessible websites tend to have better usability for all users, resulting in improved user experience, increased engagement, and potentially higher conversion rates. Moreover, catering to a broader audience can open up new market opportunities and enhance customer loyalty.

Taking Action: Protecting Your Business

As a website owner, protecting your business from ADA lawsuits begins with understanding and prioritizing web accessibility. Here are some proactive steps you can take:
1. Conduct an Accessibility Audit: Start by assessing your website’s current level of accessibility. Identify areas that need improvement and prioritize fixes based on their impact on usability and compliance.
2. Implement Accessibility Best Practices: Familiarize yourself with web accessibility guidelines such as the Web Content Accessibility Guidelines (WCAG). Implementing these best practices not only helps in compliance but also improves usability for all users.
3. Train Your Team: Educate your content creators, designers, and developers about accessibility standards and best practices. Encourage a culture of accessibility within your organization to ensure that accessibility considerations are integrated into all aspects of your digital presence.
4. Monitor and Maintain Accessibility: Accessibility is not a one-time fix but an ongoing commitment. Regularly monitor your website for accessibility issues and address them promptly. Keep abreast of changes in accessibility standards and technology to stay ahead of potential compliance issues.
5. Consult with Experts: If you’re unsure where to start or need guidance, consider consulting with accessibility experts or hiring professionals who specialize in web accessibility audits and remediation.
Conclusion

Navigating the complexities of ADA compliance and web accessibility can seem daunting, but you don’t have to go it alone. The financial and operational impacts of ADA lawsuits can be far-reaching, from legal fees to reputational damage, and the ongoing investment in accessibility upgrades. By proactively integrating web accessibility into your business strategy, you not only mitigate the risk of costly lawsuits but also enhance the overall user experience and showcase your commitment to inclusivity.
At 216digital, we’re here to help you navigate these challenges with ease. Schedule a complimentary ADA strategy briefing with us to gain valuable insights and practical solutions tailored to your needs. Let us help you turn accessibility into a strategic advantage, ensuring that your digital presence is inclusive, innovative, and poised for success.
Greg McNeil

July 17, 2024

ADA Web Accessibility

Accessibility, ADA Compliance, ADA Lawsuit, ADA Lawsuits, ADA non-compliance, ADA Website Compliance
5 Common Image Alt Text Mistakes
If you’re a website owner, developer, or content creator, you’ve probably heard about the importance of alt text for images. Alt text, short for alternative text, is crucial for web accessibility. It helps people with visual impairments understand what’s in the images on your site, using screen readers. It also has SEO benefits, helping search engines understand and index your images. However, writing good alt text isn’t always straightforward. Here are some common mistakes people make and how to avoid them.

1.Some Images Should Use an Empty Alt Attribute

One of the most common mistakes is thinking every image needs alt text. Not all images require detailed descriptions. Decorative images, like those used purely for design or spacing, should use an empty alt attribute (alt=””). This tells screen readers to skip these images, preventing unnecessary clutter for users.

For instance, if you have a decorative border or a purely aesthetic icon, you don’t need to describe it. Including alt text for these elements can overwhelm users with information and make their browsing experience frustrating. Always ask yourself if the image conveys essential information. If not, it’s a good candidate for an empty alt attribute.

2.Context Matters

Context is everything when it comes to writing alt text. The same image might need different alt text depending on where and how it’s used. For example, a picture of a dog on a veterinary website might need different alt text than the same picture on a pet adoption site.

Let’s say you have an image of a golden retriever. On a veterinary site, the alt text might be “Golden retriever receiving a check-up at the vet.” On a pet adoption site, it could be “Golden retriever available for adoption.” The context gives users the specific information they need based on where they are and what they’re looking for.

3.Screen Readers and Search Engines Already Know That It’s an Image

Another mistake is being redundant in alt text. Screen readers and search engines already know the element is an image, so you don’t need to start with “Image of…” or “Picture of…”. Jump straight into the description.

Instead of saying, “Image of a woman using a laptop,” just say, “Woman using a laptop.” This makes your alt text more concise and easier for screen readers to process. Remember, simplicity and clarity are key.

4.Write Alt Text as Simple Sentences

Good alt text is clear and straightforward. Using simple sentences helps ensure that everyone can understand your descriptions, including those using screen readers. Avoid complex phrases and jargon that could confuse users.

For example, if you have a photo of a sunset, instead of saying, “A stunningly beautiful sunset with hues of orange and pink casting a magnificent glow over the tranquil sea,” you could say, “Sunset over the sea with orange and pink colors.” Simple, right? It’s all about making the information as accessible as possible.

5.Don’t Repeat Captions in Alt Text

If your image already has a caption, don’t just copy and paste it into the alt text. Alt text and captions serve different purposes. Captions are visible to all users and often provide context or additional information, while alt text is specifically for those who can’t see the image.

For instance, if you have a caption that says, “John Doe speaking at the annual tech conference,” the alt text could be “John Doe at a podium,” giving a brief description without repeating the same information. This way, you enhance the user’s understanding without redundancy.

The Importance of Web Accessibility

Web accessibility is about making the internet usable for everyone, including people with disabilities. Alt text plays a significant role in this effort. By providing descriptive alt text, you ensure that all users, regardless of their abilities, can access the information on your site.

Accessible websites don’t just benefit those with disabilities. They can improve the overall user experience, increase your audience reach, and even boost your SEO. Search engines like Google use alt text to understand what images are about, which can help your site rank better in search results.

Practical Tips for Writing Good Alt Text

Here are some practical tips to help you write better alt text:
1. Be Descriptive but Concise: Aim for a balance between being detailed and keeping it short. Generally, 125 characters is a good length to shoot for.
2. Focus on What’s Important: Describe the most important aspects of the image. Think about what information the user needs to understand the image in the context of the content.
3. Avoid Redundancy: As mentioned, don’t use phrases like “image of” or repeat the caption.
4. Use Proper Grammar and Punctuation: Even though alt text might seem less formal, proper grammar and punctuation help with clarity.
5. Think About the User’s Experience: Always consider how a user relying on a screen reader will interpret your alt text. Will it provide the necessary information in a clear and straightforward manner?
Common Scenarios and Examples

To make things clearer, let’s look at some common scenarios and examples of good alt text.

Scenario 1: Product Images

If you’re running an e-commerce site, your product images need good alt text. For a photo of a red dress, a good alt text might be “Red cocktail dress with ruffle sleeves.” This description is concise and gives potential buyers the information they need.

Scenario 2: Infographics

Infographics can be tricky because they often contain a lot of information. A good approach is to summarize the key points. For example, if your infographic shows the steps of a process, the alt text might be “Infographic showing 5 steps to start a blog: Choose a platform, Pick a domain, Set up hosting, Design your site, Publish content.”

Scenario 3: Event Photos

For event photos, focus on who, what, where, and when. An image from a company event might have alt text like “CEO Jane Smith speaking at the annual company meeting in June 2023.”

Conclusion

Writing effective alt text is an essential skill for anyone managing a website. It’s not just about ticking a box for accessibility; it’s about making your content accessible and useful for everyone. By avoiding common mistakes like over-describing, repeating captions, or using complex sentences, you can create a better experience for all users.

Remember, the goal of alt text is to provide essential information to those who can’t see the image. Keep it simple, relevant, and in context, and you’ll be well on your way to making your website more accessible and inclusive. Web accessibility isn’t just a legal requirement; it’s a way to show that you care about all your users, making your site more welcoming to everyone.

At 216digital, our expert team can assist you in developing a strategy to make this journey of WCAG 2.1 compliance as smooth as possible. Contact us today to schedule a complementary ADA Strategy Briefing so that you can confidently take this next step into digital accessibility.
Greg McNeil

July 15, 2024

ADA Web Accessibility

Accessibility, Alt text, digital accessibility, Image Alt Text, Website Accessibility
Do You Need Web Accessibility Monitoring?
Your website is now accessible, but there’s more to be done. Web Accessibility is not a one-and-done task – it’s an ongoing effort to make sure that everyone can easily use and access your site.

While remediation is an excellent first step, the truth is that you’re just getting started. You now have to keep up the progress you’ve made with your site through constant observation, assessment, and development.

In this post, we’ll go over why you need web accessibility monitoring and what you should look for to maintain your digital properties.

Challenges in Maintaining Accessibility

To run an online business successfully, you must be prepared to adapt to constant change. However, updates to your website, such as adding new content or features like forms or plugins, can affect its accessibility.

Even small changes can create accessibility barriers. Each change carries the risk of making your website difficult to use for people with disabilities,, and you may not even be aware of it.

Challenges A Website Could Experience

Here are some common challenges a website might face:
- Lack of Training: Staff responsible for maintaining the website may lack awareness or understanding of accessibility principles and techniques.
- Content Updates: Modifying the website’s content and adding new features.
- Third-Party Widgets or Plugins: Websites rely on external plugins and tools, which can be challenging to keep up-to-date and accessible.
Regular audits and testing are essential to ensure your website is accessible to everyone. One way to do this is through monitoring. But how do you monitor your website?

What is Web Accessibility Monitoring?

Accessibility monitoring is an ongoing and proactive process that regularly checks online content for accessibility violations. Think of it as an early warning system, allowing developers and content creators to identify and fix potential barriers quickly.

There are two ways to monitor accessibility: automated and manual. However, they differ significantly in their approach and the level of thoroughness they provide. Below, you can find a description of both.

Automated Monitoring

Automated tools use algorithms to quickly scan web pages for accessibility issues based on predefined criteria. They are efficient for identifying certain barriers, such as missing alternative text for images or improper use of headings. However, automated tools will only catch 30% of issues and should be used with manual testing.

Manual Monitoring

Manual testing involves human experts reviewing web pages to identify accessibility barriers using assistive technologies such as screen readers. Human testers can provide a deeper insight that automated tools may miss, such as understanding the context of content or the user experience for people with disabilities. However, manual testing is time-consuming and labor-intensive. It may not be feasible for frequent updates or large-scale projects.

Why You Should Use a Monitoring Service

Having a web accessibility monitoring service is crucial for various reasons:

1. Legal Compliance

In many countries, including the United States, laws require websites to be accessible to individuals with disabilities. For instance, the Americans with Disabilities Act (ADA) mandates that both state and federal agencies make their online content usable for everyone. Monitoring services are vital in ensuring compliance with these regulations by regularly checking a website’s accessibility.

To learn more about laws regarding web accessibility, check out our article, “Navigating Digital Accessibility Regulation in 2024.”

2. Risk Management

ADA compliance isn’t just a one-time task; it’s an ongoing commitment. Failing to meet accessibility standards can lead to legal risks such as lawsuits and fines. In 2023 alone, federal and state courts dealt with 4,605 lawsuits related to web accessibility, with over 25% targeting companies previously sued for similar issues.

Regularly monitoring your website helps mitigate these risks by identifying any violations promptly.

3. Spotting Barriers Early

Monitoring services can detect accessibility barriers caused by updates, changes in code, or new content. Addressing these issues early in development can help save time and resources.

4. Documentation

These services also document a website’s accessibility level, which is crucial for tracking improvements and proving compliance with standards.

Analyzing this data helps teams identify recurring issues and patterns, enabling strategic planning to enhance accessibility through regular maintenance and updates.

5. Enhancing User Experience

Accessibility isn’t just about following rules; it’s about providing a better experience for all users. Accessible websites are easier to use, leading to higher user satisfaction and retention. Monitoring services enable you to identify usability issues and enhance the overall user experience.

6. Cost-Effective Development

Dealing with accessibility issues early in development is more cost-effective than making changes later. Regular monitoring helps catch problems before they escalate, reducing the resources needed for fixes and potential legal fees.

What to Look for in a Monitoring Service

Choosing the right web accessibility monitoring service is crucial to ensure your website is usable by everyone, including those with disabilities. Here are key factors to consider:
1. Accessibility Standards: Check if the service follows recognized standards like the Web Content Accessibility Guidelines (WCAG), covering levels A, AA, or AAA.
2. Type of Monitoring: Look for a service offering automated and manual testing
3. Scalability: Check if the service can handle large or multiple websites. It should handle the scale of your site and provide accurate results.
4. Integration: Select a service that seamlessly integrates with your existing workflows, including your Content Management System (CMS) or development environment.
5. Reporting: Opt for a service that offers detailed reports for tracking progress.
6. Training and Resources: Look for resources such as training materials to help your team understand and implement accessibility improvements.
7. Cost: Evaluate pricing based on factors such as the number of pages, frequency of scans, and additional features.
Before deciding, try out a few services to find the best fit for your needs.

216digital’s a11y.Radar ADA Monitoring

Ensuring your website remains accessible is an ongoing task, but it needn’t be daunting. With 216digital‘s a11y.Radar ADA monitoring service, you’re equipped with the tools and insights needed to maintain an ADA-compliant website that welcomes all users.

a11y.Radar is an automated recurring ADA web compliance auditing platform.a11y.Radar ADA monitoring service reports on your ongoing accessibility efforts, whether conducted by your internal digital teams or an outside web agency. Access enhanced dashboards and receive updates to content, code, and user experience that could pose potential blocks to users or threaten your accessibility standards. In addition, our seamless interface allows your team members to view current issues and manage pending adjustments.

a11y.Radars Key Features include:
- Dynamic Dashboard Display
- Compliance Scans
- Detailed Issues Reports
- Issues Over Time
- Manual Testing Reports
- Email Alerts
- Current Web Compliance Status
Schedule a complimentary ADA strategy briefing to speak with one of our accessibility experts about a11y.Radar ADA Monitoring today.
Greg McNeil

June 27, 2024

ADA Web Accessibility

Accessibility, Accessibility monitoring, ADA, ADA Compliance, web accessibility monitoring, Website Accessibility, Website Accessibility Tools
Is Your Website Exempt From the ADA?
As experts in digital accessibility, we get asked a lot of questions by potential clients. But one question stands out: Why should I make my website accessible if disabled customers can’t use my products or services? Do I have to follow the Americans with Disabilities Act (ADA)?

It can be hard to know exactly how the ADA applies to your website amidst all the legal jargon and technical standards. Plus, it’s undeniable that implementing and maintaining web accessibility takes time and resources. So, do you need to put effort into making your website accessible for all users?

It is time we tackled this question head-on and address the elephant in the room.

Understanding the ADA

The ADA is a civil rights law that protects the rights of people with disabilities in all areas of public life. This includes workplaces, schools, transportation, and places open to the public, whether they’re run by the government or by private businesses.

For example, the ADA requires employers to provide necessary adjustments, like ramps, to employees with disabilities. The goal is to make sure that people with disabilities have the same opportunities and rights as everyone else.

We often think of the ADA as only applying to physical places we can visit, like stores or schools. But what about places we visit online, like websites?

Do Websites Have to be Accessible?

Websites are not exempt from ADA compliance. Even though the ADA doesn’t directly mention digital accessibility or websites, the Department of Justice (DOJ) has clarified that websites do fall under the ADA’s purview, stating:

“…the Department has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”– US Department of Justice | Guidance on Web Accessibility and the ADA (2022)

In other words, if your website is not accessible to people with disabilities, it is not compliant with the ADA, as websites are considered public places. But what if a disabled person can’t use your product or service?

Are You Exempt From the ADA?

Some businesses believe they are exempt from ADA compliance if their products or services are not specifically tailored for people with disabilities. However, this is far from the truth.

The ADA applies to all businesses, regardless of their target audience. These misconceptions often stem from false assumptions and a lack of context. Let’s explore this issue in further detail.

Avoiding Assumptions About User Capabilities

Deaf individuals can be skilled musicians.

Wheelchair users can drive cars.

People with physical disabilities excel in sports.

Sometimes, our assumptions stem from picturing ourselves attempting tasks with specific disabilities. While you might initially struggle with a particular activity, those with disabilities possess unique skills and knowledge.

Moreover, disabilities vary widely in nature and severity, and what may work for one individual may not hold true for another. Take vision, for instance. While one person might be color blind, another might grapple with legal blindness.

Even within the same person, capabilities may fluctuate depending on the context. For example, a person with Parkinson’s Disease might be able to walk on certain days but not others.

Why Someone Might Access Your Content

But what if a disabled customer clearly can’t use my products or services? As with anything, context is everything. Let’s take a look at a few real-life examples.

Mirrors and the Visually Impaired

One of our clients was recently sued for ADA compliance by a visually impaired user. If you are wondering why a visually impaired user would be shopping for a mirror, you would not be alone. However, once more, context is everything.

A visually impaired person could have many reasons to look at a mirror company’s website. Some examples could include:
- Buying a gift for a family member or friend
- Decorations in their home or office
- Looking for someone else or work
- The severity of their disability isn’t that severe
- Interest in the product or service
However, while some users might wander onto your site with pure intentions, others might be seeking an easy target.

The Risks of ADA Non-Compliance

Over the past 20 years, several lawsuits and DOJ settlements have been filed due to accessibility barriers. Just in 2023, plaintiffs brought 4,605 ADA-related lawsuits to federal and state courts, 683 more than the previous year.

But that’s not all. In addition to these lawsuits, there were countless demand letters addressing digital accessibility concerns. In 2022 alone, an estimated 1,500 of these letters were sent out every week. These letters typically list the web accessibility issues plaintiffs encountered on the site. Plaintiffs can seek restitution in the form of tens of thousands of dollars.

The expenses of these lawsuits and settlements can be hefty, covering legal fees, settlements, and damages. By investing in digital accessibility now, your business can avoid getting tangled up in expensive legal disputes down the road.

A Step Towards ADA Compliance

If you’re a website owner, you might feel overwhelmed or even caught off guard. But here’s the deal:

Web and digital accessibility isn’t just about compliance; it’s about inclusivity. Anyone, at any time, may encounter barriers to accessing your website, and it’s your responsibility to accommodate diverse user needs. Whether selling products, offering services, or providing information, your website must be accessible to all users.

Here are some steps you can take to improve your digital accessibility:
1. Conduct an Audit: Scan your website to identify any barriers to accessibility.
2. Make a Plan: Address the barriers identified in the audit, prioritizing the most critical ones first.
3. Consult the Experts: Consider partnering with an accessibility expert to oversee ongoing web accessibility efforts and ensure compliance with ADA requirements.
4. Train and Education: Educate your staff on WCAG best practices and how to maintain accessibility standards moving forward.
5. Regular Monitoring: Continuously monitor your website for accessibility issues and address them promptly.
Why Federal Web Accessibility Lawsuits Are

Digital accessibility is not just a legal requirement but a fundamental aspect of providing equal online access to goods and services. To ensure your website complies with the ADA and serves a key demographic — it’s essential to find and fix accessibility barriers on your site. And that’s where 216digital can help.

Whether you want to protect against a frivolous ADA accessibility lawsuit or become WCAG 2.1 AA compliant, 216digital has you covered. Our team of accessibility experts can also develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms.

Don’t wait for a lawsuit to push you into action. Schedule a complimentary ADA strategy briefing with 216digital to take the first step towards website accessibility.
Greg McNeil

June 20, 2024

ADA Web Accessibility

ADA, ADA Compliance, ADA Web Accessibility, ADA Website Compliance, Website Accessibility
New ADA Title II Guidelines: What You Need to Know
For years, digital accessibility advocates and state and local governments have grappled with the lack of clear guidelines regarding web accessibility under the Americans with Disabilities Act (ADA). Thankfully, that’s about to change. On April 8, the U.S. Attorney General signed a new rule under ADA Title II, setting clear web accessibility standards for state and local governments. This means their services, programs, and activities must now be accessible to people with disabilities. In this post, we’ll walk you through these updates, explain their implications, and show you how to stay compliant.

What is ADA Title II?

The ADA is a landmark civil rights law passed in 1990. It prohibits discrimination against people with disabilities in all public areas. Title II specifically addresses the obligations of public entities, such as state and local governments, to provide equal access to their programs, services, and activities. This includes services, programs, and activities offered online and through mobile apps.

What Are the New Regulations Under Title II?

In a significant move towards inclusivity, the new regulations under ADA Title II require all U.S. state and local government websites and mobile apps to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 AA. Created by the World Wide Web Consortium (W3C), these guidelines are the gold standard for making digital content accessible to individuals with disabilities.

Following these standards ensures everyone can access essential services like paying taxes, viewing public records, and participating in community events.

Who is Affected by This New Rule?

The new ADA Title II rule on accessibility casts a wide net, impacting various entities:
- State and Local Governments: All branches, departments, and agencies, such as city councils, health departments, police departments, and fire departments.
- Special Districts: Districts focused on specific public functions or services, like water distribution, public transportation, and park management.
- Contractors and Third Parties: Companies contracted by state or local governments to provide public services.
Content Created by Third-party Contractors and Software Vendors

To comply with the new rule, governments must ensure that all their websites and mobile apps are accessible, including any digital content from third-party vendors or agencies. The rule states that any online content a public entity shares with users must meet accessibility standards, regardless of whether it comes directly from a public entity or a third-party organization under contract.

For example, suppose a city hires a third-party app to handle parking payments. In that case, that app must meet the WCAG 2.1 AA accessibility guidelines.

When Will the New Rule Take Effect?

The final rule took effect in June 2024, 60 days after being published in the Federal Register. Public entities now have two to three years to ensure their websites and mobile apps meet WCAG 2.1 AA standards, depending on their size:
- Public entities with a population of 50,000 or more: Must comply within two years (by April 24, 2026).
- Public entities with a population of less than 50,000 and all special district governments: Have three years to comply (by April 24, 2027).
After these deadlines, state and local governments must maintain WCAG 2.1 Level AA standards for their digital content.

Why Were These Regulations Made Now?

Many state and local governments now offer most of their services, programs, and activities online and through mobile apps. This shift has increased the risk of people with disabilities facing barriers when trying to access essential services or participate in civic activities.

As a result, many organizations sought guidance from the federal government on what ADA compliance looks like for digital content. The Department of Justice‘s (DOJ) new rule provides that clarity by outlining specific technical standards for measuring compliance.

Associate Attorney General Vanita Gupta emphasized this commitment, saying: “We will use all our tools, including enforcement, to ensure people with disabilities have equal access to online services.”

How Will the DOJ Enforce Compliance with ADA Title II?

The new rule will use existing methods for enforcement, including:
- Self-evaluation and Reporting: Organizations need to regularly check their websites and mobile apps to ensure they meet ADA standards and report their findings to federal agencies.
- Technical Assistance and Guidance: The DOJ and other agencies provide resources to help organizations understand and follow the ADA Title II guidelines.
- Public Complaints: Anyone affected by barriers on state or local government websites can file a complaint directly with the DOJ.
- DOJ Audits and Reviews: The DOJ periodically audits public entities’ websites and mobile apps to find issues that haven’t been reported through complaints.
What Are the Penalties for Non-compliance?

Government entities that don’t follow the new regulations could face legal trouble, fines, and orders to fix their websites. If an entity fails to meet the standards on time, several things could happen:
- Mediation and Resolution: Usually, the first step is mediation to help the entity understand the issues and find ways to fix them.
- Penalties and Fines: In severe cases or if problems persist, penalties can be imposed to motivate quick action.
- Mandated Corrective Actions: Entities might have to make specific changes, like redesigning their websites or updating mobile apps.
- Legal Action: If an entity continues to ignore the rules, the DOJ may take legal action.
State and local governments must take these regulations seriously and prioritize accessibility.

How State and Local Governments Can Achieve Compliance

To comply with ADA Title II, state and local governments must follow WCAG 2.1 Level AA standards. If you’re a government leader or a business working with public entities, here are some steps to ensure compliance:
1. Conduct an Audit: Start with a thorough web accessibility audit to identify any barriers to user access.
2. Make a Plan: After identifying the barriers, create a plan to address them, focusing first on the most critical issues.
3. Use Clear Communication: Use simple and clear language. Provide alternatives like text transcripts for videos and audio content.
4. Integrate Assistive Technologies: Regularly test your websites or apps with tools like screen readers to ensure they support various accessibility features.
5. Train Your Staff: Educate your team on best practices for web accessibility to ensure future accessibility.
6. Set Up Monitoring: Establish ongoing digital accessibility policies and regularly update your platforms based on user feedback, especially from users with disabilities.
7. Partner with Experts: Seek support from accessibility experts to ensure you meet ADA requirements.
8. Stay Updated: Keep up with WCAG standards and make necessary updates to your websites and apps.
Could These Updates Impact Private Businesses Eventually?

The current update focuses on public sector entities under ADA Title II. However, it could serve as a model for changes to Title III, which covers public accommodations and commercial facilities. This might lead to stricter and uniform accessibility standards in the private sector, affecting businesses and nonprofits interacting with the public.

Since the mid-1990s, the DOJ has included company websites, e-commerce platforms, and other digital experiences in defining public accommodations. Many U.S. courts have supported this view, ruling in favor of individuals who claim a company’s website is not accessible to people with disabilities.

However, any proposed rule changes will likely depend on various factors, including the outcome of the next federal election.

216digital is Here to Help

The new ADA Title II regulations are a significant step toward making digital spaces accessible for everyone, ensuring that state and local governments provide equal access to their services online. But navigating these changes can be challenging. That’s where 216digital comes in!

As leading experts in web accessibility, 216digital has the tools, knowledge, and experience to make your online space both compliant and welcoming for all. Our team will work with you to create a strategy that integrates WCAG 2.1 compliance into your development roadmap on your terms. Let us help you make your website compliant and welcoming for all users so you can focus on what you do best—serving your community!

Don’t wait. Schedule a complimentary ADA strategy briefing today to ensure your digital presence is accessible to everyone.
Greg McNeil

June 13, 2024

ADA Web Accessibility

Accessibility, ADA, ADA Compliance, ADA Title II, ADA Web Accessibility, ADA Website Compliance
Navigating Digital Accessibility Regulation in 2024

Significant changes in digital accessibility legislation took place in 2023 that will significantly affect how businesses operate online in 2024. Accessibility has become a central focus in the United States Department of Justice, state legislatures, and even in Europe. These changes will have implications for businesses going forward, and it is essential for them to remain informed, assess their current status, and comply with the latest regulations.

To help you stay updated on these developments, we have created this blog post to assist you in keeping track of everything in the digital accessibility space.

ADA Digital Accessibility at the Federal Level in the US

In August 2023, the Department of Justice shared a Notice of Proposed Rulemaking (NPRM) about digital accessibility that’s been getting a lot of attention. This NPRM proposes a specific technical standard that state and local governments must follow to meet their existing obligations under Title II of the ADA.

Key points from the NPRM proposals include:

WCAG 2.1 AA

The proposal suggests using WCAG Version 2.1, Level AA, as the rules for making websites and mobile apps easier to navigate. WCAG stands for Web Content Accessibility Guidelines, and it was created to help make the Internet more accessible for everyone.

Websites and Mobile Apps

These rules would apply to the websites and mobile apps that state and local governments use to share information or provide services to the public. For instance, if a local government lets people pay for parking using a mobile app, that app would need to follow these rules to make sure it’s easy for everyone to use.

Compliance Timeline

The DOJ also suggests that state and local governments follow these technical standards within two or three years after the final rule is published, depending on their population size. Smaller public entities, with populations under 50,000 people, would have three years to comply. In contrast, larger ones, with populations of 50,000 or more, would have two years to meet the standard.

Additional details are available in the NPRM‘s “Requirements by Entity Size” section.

State-led Legislation for Digital Accessibility

While federal regulations set a baseline, several states are proactively addressing digital accessibility within their own jurisdictions. Let’s look at some notable examples:

California Assembly Bill 1757

California has introduced Assembly Bill 1757. This bill aims to make it illegal for any provider of online resources to create, license, distribute, or maintain an internet website for public use that does not meet the accessibility standards outlined in the [WCAG 2.1 Level AA].

If this bill becomes law, it may have an impact on business activities within the state, as well as have personal consequences for individual web developers. Developers may find themselves facing lawsuits from both businesses and individuals with disabilities. The recent changes to the bill eliminate the possibility of developers claiming ignorance, as the responsibility threshold has shifted from “knowingly or intentionally to include “negligently” engaged in constructing an inaccessible website. Furthermore, the updated wording prevents developers from shifting liability to the companies that hired them.

AB 1757 is currently under consideration by the Senate Judiciary Committee, and there is heightened attention on whether it will progress into law. All eyes are on this legislation, anticipating its potential implications.

Rhode Island Bills 2023 H-5106 and S-0105

Senators Ujifusa and Representative Vella-Wilkinson are focused on the DOJ’s NPRM proposal. They’ve put forward two bills in Rhode Island: 2023 H-5106 (PDF) and 2023 S-0105 (PDF). These bills aim to make sure that all new websites available to the public follow the ADA’s digital accessibility rules before they go live. On the other hand, existing public websites have until July 1, 2028, to meet WCAG 2.1 AA standards.

The Minnesota House Bill HF-480

Minnesota has proposed Bill HF-480, aiming to allocate funds to the Minnesota Council on Disabilities. The goal is to offer training, aid, and assistance to cities and counties, helping them meet the required standards for website accessibility. Additionally, the bill proposes an annual report detailing the figures related to website accessibility training, technical support, and outreach. It also includes estimates of the costs involved in implementing recommended changes to the websites of cities and counties.

Rhode Island’s Digital Accessibility and Equity Governance Board

Governor Healey of Massachusetts is following in the footsteps of Rhode Island and Minnesota by taking a proactive stance on digital accessibility. She recently signed an Executive Order creating the Digital Accessibility and Equity Governance Board. The board’s goal is to make sure that all digital applications are fully functional and accessible to everyone.

The board will establish and maintain standards, guidelines, and policies for digital accessibility and equity. It will also collaborate with other executive branch offices and agencies to develop procurement policies, contractual standards, and other relevant documents that support digital accessibility efforts.

Hawaii’s HB1419 Bill

On January 1, 2023, Hawaii’s Bill HF-480 brought in the “Hawaii Electronic Information Technology Disability Access Standards” to make digital content more accessible. As of July 1, 2023, all state organizations must check these access standards and update their rules, policies, and procedures for getting and creating digital content.

Kansas Takes a Different Approach

While some states are becoming stricter about digital accessibility, Kansas is making headlines with a unique law. As of July 1, 2023, The Act Against Abusive Website Access Litigation allows local businesses to take legal action against individuals and their lawyers who file lawsuits about website accessibility under the ADA.

The purpose is to counter what is considered “abusive” litigation and seek compensation for defense costs and even punitive damages. Lawsuits can be filed in any jurisdiction. However, this Kansas law will only be in effect until the Department of Justice issues regulations on website accessibility under Title III of the ADA.

The European Accessibility Act

Looking beyond the US, the European Accessibility Act (EAA) is set to bring about substantial changes. With a looming deadline of June 28, 2025, the act aims to improve the accessibility of products and services. This includes public and private websites and mobile applications, including US-based companies selling to the EU sector.

Before the EAA, different accessibility rules existed throughout EU member states, making it difficult for digital product vendors and purchasers. The EAA has standardized accessibility requirements, making it easier for everyone involved.

But suppose you are an online business selling to the EU sector. In that case, it is crucial to make sure that your practices comply with the European Accessibility Act before the deadline arrives.

Implications for Online Businesses

Staying informed about digital accessibility legislation is essential for online businesses aiming to foster inclusivity and avoid legal challenges. The 2023 announcements at both federal and state levels in the US and the impending deadline in the EU underscore the global importance of ADA compliance.

Businesses should closely monitor updates, assess their current digital accessibility status, and take steps to align with the latest regulations. By doing so, they not only mitigate legal risks but also contribute to a more accessible and inclusive online environment.

Preparing for the Future with 216digital

Regardless of where you are on your journey, we’re here to help. At 216digital, we can assist you in developing a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms. Our expert team will assess your website, provide recommendations, and implement the necessary adjustments to make sure your website meets the latest accessibility standards.
Contact us today to schedule a complementary ADA Strategy Briefing so that you can confidently embrace the future of digital accessibility.

Greg McNeil

February 27, 2024

216digital, ADA Compliance, ADA Web Accessibility

Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, digital accessibility, Website Accessibility
Why Accessibility Overlays Might Make You a Target
For many website owners, ensuring their site is accessible to everyone, especially those with disabilities, is a priority. This makes sense, not only from an ethical standpoint but also from a legal one. Web accessibility has become a hot topic, with the Americans with Disabilities Act (ADA) taking action against websites that fail to provide equal access. One solution that has garnered attention is the use of overlay widgets. However, if you’re considering using overlay widgets to meet these demands, pause! This may not be the solution you think it is.

In this post, we will explore the pitfalls of relying on such solutions and why they may not be the best choice for safeguarding your online business.

What is an Overlay Widget?

In simple terms, an overlay refers to tools or technologies that incorporate third-party code, typically JavaScript, into a webpage to enhance accessibility. Over recent years, these overlays have surged in popularity and are now featured on numerous websites across the internet. Among the many available, UserWay and accessiBe stand out as the top contenders on the market.

For a monthly charge, these tools claim to offer complete ADA and WCAG compliance, shielding them from litigation and an improved user experience for people with disabilities, all by adding just a single line of code to a website.

On the surface, it sounds ideal for website owners wanting a quick solution. But the truth is more complex.

What Do Accessibility Overlays Claim to Offer?

These overlay companies often promise three key concepts to consumers:
1. Your website will be fully accessible
2. Their technology will automate fixes, removing the need for web accessibility experts.
3. Their products will protect you from accessibility lawsuits.
Does it sound too good to be true? It is. While overlays might seem like a cost-effective solution for web accessibility, they might leave hopeful business owners with a target on their backs.

Accessibility Experts Voicing Concern

Experts in web accessibility have expressed skepticism about the effectiveness of accessibility overlays. Many experts argue that these tools may create a false sense of compliance and fail to address the root causes of accessibility issues.

Around 800 experts in accessibility have promised not to support, suggest, or use overlays that pretend to comply with laws or standards automatically. Karl Groves, an industry expert with over 20 years of experience, has put together a detailed fact sheet and statement from these experts, and it’s available on overlayfactsheet.com as a helpful online resource.

But why are these experts opposing overlays? First, we have to talk about ADA Compliance.

What is ADA Compliance?

While using an overlay may help meet some rules in accessibility standards, it cannot ensure

Conformance means meeting or satisfying the requirements of the web accessibility standards. According to Web Content Accessibility Guidelines (WCAG), the ‘requirements’ for web accessibility are called Success Criteria. To conform to WCAG’s guidelines, you must meet or satisfy all the Success Criteria.

Since conforming to a standard involves meeting all its requirements, products that claim to bring a website into compliance but cannot fix all issues should be approached with caution.

Why Overlays Are Not Fully Accessible

Here’s a simplified analogy: Imagine a pothole in the road. Instead of fixing it properly, someone places cardboard over it. It might look covered, but it’s still there, and it’s just a matter of time before someone falls through.

Similarly, while overlay widgets might give the appearance of an accessible website, they often merely cover up underlying issues. The worst part? Sometimes, they introduce new problems.

The Limitations of Accessibility Overlays

While overlays may provide some surface-level improvements, they often fail to address the comprehensive requirements for ADA compliance. Automated fixes can be incomplete or inaccurate, leaving certain accessibility issues unaddressed and potentially leading to legal consequences.

Here’s why:
- Partial Fixes: While overlays can assist in certain areas, like making text bigger for those with vision problems, they don’t treat the root problems in the website’s code, leaving site owners vulnerable to ADA lawsuits.
- Inconsistency: Overlay performance can be unpredictable across different devices and browsers, particularly on mobile.
- False Assurance: Sole reliance on overlays can be deceptive. They detect only about 30% of accessibility barriers. The intricate WCAG guidelines mean that overlays can only handle some necessary adjustments. A hands-on review is needed to find the remaining 70% of issues.
- User Experience: Some overlay tools give users an overwhelming number of choices, making things more perplexing or even creating new hurdles for disabled users.
- Conflicts with Assistive Tools: Many people with disabilities use specific tools to navigate the web. Overlays can disrupt these tools, making the website even less accessible.
To learn more about how overlay widgets fail to make a website compliant, check out our blog post, Why AI & Overlay Widgets Fail ADA Website Compliance.

Overlays Don’t Protect Against Web Accessibility Lawsuits

Many website owners opt for overlay widgets, believing they will shield them from potential lawsuits. However, this couldn’t be farther from the truth. Some advocates argue that these overlays can create a false impression of compliance, attracting attention from individuals keen on holding non-compliant websites accountable or with a desire for a quick payout.

At the 2021 Digital Accessibility Legal Summit, Jeremy Horelick, Jason Taylor, and Richard Hunt discussed overlays being marketed as one-step software solutions for website accessibility. The answer was a clear no when asked if overlays reduce the risk of litigation expenses.

“They absolutely do not. And there are two reasons why this is true. The first reason is simply because they don’t actually fix websites. […]

The other reason is because the law firms, not all the law firms, but many of the law firms that are in this area do not care whether the website is really accessible or not. Their desire is to find something that they can identify as an error, usually by measuring it against WCAG, and if they can find that error, they can file a lawsuit in good faith. Remembering that their goal is to settle the lawsuit as soon as possible.”

Accessibility Overlays Can Make You A Target

Using an overlay widget is like announcing, “I’m trying to be compliant.” But when that compliance is only surface-deep, it can make you an easy target for litigation.

So you might wonder, “Why would an overlay make me a target?” Here’s a deep dive into the mechanics:

Lawsuit Mechanics

Lawsuits related to web accessibility often rely on demonstrating that a website remains non-compliant despite attempts to rectify it. Scanning tools most plaintiff firms use won’t reliably pick up the solutions provided by widgets and overlays. While suggesting an effort to comply, overlay widgets often fall short of genuine accessibility. As such, your site will “scan” in exactly the same way and not at all change the initial filter most plaintiff firms use to determine who to go after. This discrepancy provides an avenue for legal action.

Lawsuit Claims

Most lawsuits nowadays don’t primarily address WCAG compliance concerns. They cite issues of functional use—things that impact a person with a disability’s ability to use a site. However, overlays won’t affect those claims and will often worsen the functionality. Many claims pinpoint overlay widgets’ inconsistent and ineffective nature, emphasizing that they don’t provide a uniform solution for every user.

Public Record Evidence

Implementing a widget or overlay on your website highlights potential shortcomings in your approach to accessibility. This public display could be referenced in future legal proceedings as evidence of your organization’s consistent lack of attention to accessibility. In the context of the ADA, this could be seen as a failure to adapt policies, practices, and procedures to ensure accessibility.

2023 Overlay Litigation Wave

In 2023, we saw 933 websites become targets for ADA non-compliant lawsuits because they relied solely on overlay widgets. This marked a notable 62% increase from the previous year. The legal actions brought against these companies often point fingers at the features and functions of these widgets, claiming they contribute to accessibility issues, along with the common failures outlined in WCAG.

Attorney Richard Hunt, who specializes in digital ADA cases at Hunt Huey PLLC, was among the first to focus on such legal matters. In a post titled “Is there a silver bullet for ADA website accessibility? Sorry, but the answer is no,” he emphasized that using an accessibility overlay or widget won’t protect businesses from ADA lawsuits.

Hunt stated, “If your business wants to avoid getting sued under the ADA because of an inaccessible website an accessibility overlay or widget isn’t going to help you. I can say this with some certainty because in the last two weeks alone five lawsuits have been filed against businesses that use an accessibility widget or overlay on their websites.”

Privacy Concerns

Besides potential legal problems tied to web accessibility, privacy concerns have surfaced. Overlays that automatically activate certain features, such as those for screen reader or speech recognition users, do this by detecting when an assistive technology is in use on the device. This reveals that the person using the device at that time has a disability. In some instances, it even exposes more personal information, like age, ethnic background, or preferred gender. Collecting such data should only happen with the informed consent of the person to whom it belongs.

Privacy Concerns and Legal Consequences

Some overlays keep users’ settings consistent across different websites that use the same overlay. This is achieved by placing a cookie on the user’s computer. When the user activates a setting for a specific overlay feature on one site, the overlay will automatically activate that feature on other sites.

Although the overlay company may believe they are benefiting the end user, the major privacy issue is that the user never agreed to be tracked, and there’s no way to opt out. Because there’s no opt-out option (except for explicitly turning off that setting), this poses a risk under the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA) for the overlay customer.

What Actions Should Website Owners Take?

For website owners, the lesson is clear. While overlay widgets might seem like an easy fix for web accessibility, they’re anything but. Not only do they fail to address the root accessibility issues, but they also paint a target on your back for potential litigation.

If you’re a website owner considering using overlay widgets, tread cautiously. Instead of looking for shortcuts, invest in a comprehensive web accessibility evaluation and manual review from the experts at 216digital to ensure that all accessibility barriers are identified and addressed correctly.

It is crucial to recognize the limitations of AI and use it in conjunction with other accessibility tools, such as regularly testing and evaluating accessibility compliance through automated and manual audits. By adopting a multi-faceted approach to accessibility, you can minimize the risk of legal action and make sure that digital content is accessible to all users.

Team Up with 216digital

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 to save you from potential legal headaches in the future.

Remember, web accessibility is not just about legal compliance but about creating an inclusive web for all. So don’t wait any longer—find out where you stand by scheduling a complementary ADA Strategy Briefing today.
Greg McNeil

February 27, 2024

216digital, ADA Compliance, ADA Web Accessibility

Accessibility, ADA Compliance, ADA Web Accessibility, ADA Website Compliance, Ai and Overlay Widgets, Overlay widgets, Website Accessibility, Website Accessibility Tools
2023 Web Accessibility Lawsuit Trends and Insights
Web accessibility is no longer just a buzzword for the tech-savvy; it has become a crucial aspect of every online business. The surge in ADA-related lawsuits in 2023 serves as a wake-up call for website owners, developers, and digital marketers. Ignorance is no longer bliss, and understanding the trends can be the key to safeguarding your online presence in 2024.

For companies of all sizes, this raises a pair of essential questions:
1. What is behind this rise in litigation?
2. Is my business at risk?
In this post, we break down the 2023 web accessibility lawsuit trends and provide insights to help you navigate the evolving landscape. In today’s digital world, being informed isn’t just advantageous—it’s essential.

A Shift in Web Accessibility

Advocates for digital platforms being included in the Americans with Disabilities Act (ADA) have made significant progress in 2023. The Department of Justice (DOJ) declared that by 2024, all state and local websites must adhere to WCAG AA standards. This move shows that websites and mobile apps are just as important as physical places.

Right now, the declaration above only applies to state and local government groups under Title II of the ADA. But private businesses, often under Title III, might have to follow similar rules soon. This success, along with other updated state laws like California’s Assembly Bill (AB) 1757, has encouraged supporters to take legal action in record numbers.

A Closer Look at the Numbers

The numbers are in, and they’re striking: Plaintiffs filed 4,605 federal and state-filed ADA-related digital lawsuits, 683 more than in 2022. 3,086 of these lawsuits went through federal courts, whereas 1,519 were in state courts. This shift emphasizes the growing significance of state lawsuits in digital accessibility.

New York and Web Accessibility Lawsuits

In fact, Plaintiff firms file almost 75% of all lawsuits in New York federal or state courts. Although we have seen increased lawsuits outside the prominent three regions of New York, California, and Florida, New York is still the king.

But don’t get excited if you are outside of these states. The internet has no boundaries; having customers in a state is enough to be susceptible to legal action. For instance, your online business may be in Ohio. Still, a customer in New York State can file a claim in New York for your website having web accessibility barriers. Your location has no bearing.

But what if you are just a small online business? You should be safe, right?

What Industries Are Most at Risk?

eCommerce websites are more likely to be sued than other industries, such as Food Service and Education. In fact, 80% of all lawsuits are against eCommerce websites, with the majority of cases filed by visually impaired or blind individuals. This is because more and more businesses are selling online than ever before. eCommerce websites constantly change and frequently have complex functionality, making them more susceptible to legal issues.

Want to know more about eCommerce ADA litigation? In that case, check out our article, “Retail is the Prime Target for ADA Web Accessibility Lawsuits.“

Suppose you have already been sued for web accessibility, you should be safe from subsequent lawsuits, right? Unfortunately, the data says otherwise.

Copycat Accessibility Lawsuits Are On the Rise

It is not surprising that 25% of web accessibility lawsuits in 2023, more than 700, were filed against businesses that have previously been involved in ADA digital lawsuits. This highlights the prevalence of legal issues related to accessibility.

Why the Surge in Copycat Lawsuits?

Unfortunately, the ADA does not protect a company with an inaccessible website, regardless of how often they have been sued, when the lawsuits occurred, or whether they settled to make improvements.

Any new user who encounters barriers on a website can file a lawsuit against that website or any other websites or apps owned by the same company. This may lead to copycat lawsuits from new plaintiffs.

The bottom line? If digital content is not accessible, the risk of legal repercussions is substantial. But how should online businesses protect themselves against ADA claims in 2024? Web accessibility widgets and overlays?

Web Accessibility Widgets and Overlays

Many companies that offer accessibility widgets claim to be the ultimate solution for overcoming barriers and even promise legal protection from ADA cases. If you search on Google for web accessibility solutions, you’ll find numerous companies competing for your attention. However, these widgets fall short of being the magical fix many hoped for.

In 2023, 933 businesses using accessibility widgets faced lawsuits, a 62% increase from the previous year. These legal actions often point out the widget features and functionality as causes of accessibility barriers, along with common WCAG failures. But why is that the case?

The Pitfalls of Web Accessibility Widgets and Overlays

One major issue with accessibility widgets is that they don’t address the fundamental access barriers on websites. Although these issues are not visible to most users, they pose significant challenges for people with disabilities.

Furthermore, overlays can only identify 30% of web accessibility errors. Unfortunately, overlay tools struggle to handle the complexity of WCAG guidelines and cannot make the comprehensive changes necessary. The remaining 70% of issues can only be identified through manual testing.

The trend of filing ADA complaints and lawsuits against companies using accessibility widgets will continue into 2024. Achieving complete ADA or WCAG compliance requires more than just overlays or widgets. So, what should you do?

How to Keep Your Online Business Safe

It’s crucial to make sure that your website and online applications follow ADA web accessibility rules to lower the risk of getting sued. This might mean teaming up with web accessibility experts to review your site and make any necessary changes.

To avoid ADA web accessibility litigation, online businesses should take the following steps:
1. Review your website: Conduct a comprehensive web accessibility audit to identify all barriers.
2. Make a plan: Once you find the barriers, address the issues identified in the audit. Start with the most critical issues first.
3. Train Staff: Show your team how to follow the best practices for web accessibility and keep things accessible in the future.
4. Use helpful tools: Frequently test your websites or apps for accessibility with tools like web accessibility monitoring services.
5. Accessibility Partner: Get support from experts who focus on accessibility to make sure you’re following ADA requirements.
6. Stay Updated: Stay updated on WCAG standards and update your websites and apps when needed.
Conclusion

In today’s digital age, web accessibility is non-negotiable. Whether you aim to protect against ADA lawsuits or strive for WCAG 2.2 AA compliance, taking immediate and comprehensive action is vital. At 216digital, we understand the nuances of ADA lawsuits and can help develop a strategy to integrate accessibility into your development roadmap.

Schedule a complimentary ADA Strategy Briefing today to learn more about securing ongoing, real-world accessibility on your terms.
Greg McNeil

January 23, 2024

ADA Compliance, ADA Web Accessibility, Website Accessibility

ADA Compliance, ADA Lawsuit, ADA Web Accessibility, ADA Website Compliance, Web Accessibility, web accessibility lawsuits
Unwrap Web Accessibility: A Gift for All Shoppers
‘Tis the season of joy, laughter, and, of course, holiday shopping! As the holiday spirit fills the air, retailers are gearing up to capture their share of the holiday shopping extravaganza. But in the midst of the twinkling lights, festive decor, and holiday cheer, there’s an aspect you may be overlooking – web accessibility.

To add an extra dose of cheer to this season, our team at 216digital has put together a list of simple and immediate steps that every online retailer can take to ensure their online content caters to all shoppers.

‘Tis the Season for All Shoppers

The holiday season is when people actively hunt for gifts and turn to online shopping in their quest for the perfect presents. However, many website owners are missing out on a massive, often overlooked market share: people with disabilities.

According to the World Health Organization, roughly 16% of the world’s population has some form of disability. When your website isn’t accessible, you’re closing the door on this large group of potential consumers.

To put this into perspective, let’s consider some statistics:
- In the United States, approximately 27% of adults have some form of disability. That’s more than 61 million people who could become your future customers.
- Shoppers with disabilities have a combined disposable income of about $490 billion. By neglecting their needs, you are missing out on a substantial source of revenue.
- Research has shown that 71% of disabled customers will leave a website if they find it difficult to use. Therefore, improving web accessibility can have a direct impact on your conversion rates.
Holiday Shopping Challenges

For people with disabilities, shopping online can pose challenges. According to WebAIM’s 2023 analysis of the top 1 million websites on the internet, a staggering 96.3% of them had severe accessibility issues. These issues included the inability to view product descriptions, make a purchase, or book an appointment.

During the holiday shopping season, people with disabilities may face even more challenges while shopping online. For instance:
- Most holiday promotions are shared through email or social media, which can be challenging to access for some people with disabilities.
- Each website update, which often includes fresh branding, promotional banners, and product pages, presents an opportunity to introduce new accessibility barriers
- The holiday rush can overwhelm customer service teams, making it more challenging for people with disabilities to receive the assistance they may need.
So, how can you make your website accessible to all holiday shoppers?

Understanding Web Accessibility

Web accessibility is about making your website usable and navigable by people with disabilities. That means designing and developing your holiday content in a way that allows everyone to access and use your site effectively.

Here are a few key aspects of web accessibility you should focus on this holiday season.

Paint a Clear Picture with Alt Text

During the holiday season, visuals play a significant role in attracting shoppers to your site. In fact, 75% of online shoppers rely on product photos when purchasing. However, some users may have visual impairments and rely on screen readers to navigate your website. To make sure they don’t miss out on your visually appealing content, it’s crucial to use image alternative text or alt text.

What is Alt Text?

Alt text is a description added to an image’s HTML code. It provides a textual alternative to the image, allowing screen readers to convey the image’s content and function to users who cannot see it.

When done right, it can help paint a picture of your products and services. Unfortunately, many businesses forget to provide alt text, or they treat it like a file naming system. For example, an image of a size chart with alt text that says “size chart.” It might as well not be there.

You can write more helpful alt text by following these best practices:

Be Descriptive

When adding alt text to your images, be descriptive but concise. For instance, if you’re selling a holiday-themed sweater, the alt text could be “Cozy red holiday sweater with reindeer patterns.” This way, users with visual impairments understand the image’s content.

Avoid Redundancy

It might seem helpful but do not include phrases like “picture of” or “image of” in your alt text. Screen readers will know from the preceding HTML tag to announce the alt text as an image. Including these phrases in your description will only disrupt the user’s experience.

Write for People, Not Search Engines

It’s important to remember not to treat alt text as an SEO tool. Many content creators make the mistake of trying to include keywords in their site’s alt text. But while alt text can contribute to SEO, your priority should be accessibility and user experience. Remember, at the end of the day, you’re trying to sell a product to a person, not Google. So, focus on creating descriptive and concise alt text that helps users with visual impairments understand the image’s content.

For more information on alt text, check out our article “Understanding Image Alt Text Descriptions.”

Design for Sound Off Videos

Videos are an engaging way to showcase your holiday products or promotions. However, videos often rely on visual and auditory elements, which can be problematic for those with hearing impairments. To make your videos more inclusive:
- Invest in High-Quality Audio: If you use VoiceOvers or soundtracks in your videos, ensure that the audio quality is top-notch. Clear audio is essential for users who rely on sound to understand your content.
- Use Audio Descriptions: For videos with crucial visual content, provide audio descriptions. Audio descriptions are narrations that explain what’s happening in the video. This helps users with visual impairments understand the context and content of the video.
- Proof Captions by Hand: Automatic captioning can be unreliable, and errors in captions can lead to misunderstandings. Take the time to review and edit captions to ensure they accurately reflect the spoken content.
Make Your Email Campaigns Web Accessible

Email marketing is a powerful tool during the holiday season. However, most of the images used in email marketing lack accessibility.

For instance, in many promotional emails, you’ll find special offers, product names, sale prices, and other important information. If all of this information is only presented in images, it excludes people who rely on screen readers.

As a general rule, businesses should avoid using images as the sole content of their emails. And when images are used, they must include descriptive alt text. However, there’s more to email accessibility than just alt text.

To ensure that your emails reach and resonate with all potential customers, consider the following:
- Set the Role Attribute of Every Table to “Presentation.”: Tables in emails can be challenging for screen readers to interpret. By setting the role attribute of every table to “presentation,” you tell assistive technologies that the table is for layout purposes only, making the email easier to navigate.
- Underline Inline Links: When creating links in your emails, use descriptive link text. For example, instead of “Click here,” use “Shop our holiday collection now.” This provides clarity and context to users.
- Make Sure Links are Descriptive: When creating links in your email content, use descriptive anchor text that indicates where the link leads. Avoid generic terms like “click here” and instead use specific text that tells users what to expect when they click.
Heading Towards Holiday Content

It’s that time of year when new content and blog articles are in full swing, highlighting future sales and this year’s latest products. However, the essential element of all good content is using headings. Headings aren’t just big, bold, decorative text. They’re the signposts that guide readers through your content from most to least important.

For instance, just like a tree has a trunk, main branches, and smaller branches, your content should have a main heading, subheadings, and further divisions if necessary.
- Here are a few pointers when you are generating your online content:
- Write concise, meaningful headings that provide insight into the content.
- Elements that are repeated across different pages within a site should maintain a consistent order. That one bold font may be more eye-catching, but that doesn’t mean you need to use it.
- Headings and labels should aid shoppers in navigating content and understanding their current location by clearly describing the topic or objective.
Don’t Let Web Accessibility Be Your New Year’s Resolution

The holiday season is the perfect time to implement these changes and make your website more accessible. So, don’t let web accessibility be your New Year’s resolution; make it a top priority for your online business now, and watch your holiday sales soar.

Ready to get started? 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

December 8, 2023

ADA Web Accessibility, Digital Marketing, Website Accessibility
Web Accessibility: The Wayfair Example
Wayfair, one of the internet’s leading home goods and furniture retailers, was hit with another class action lawsuit in June. The lawsuit alleged that the company’s website was not accessible to legally blind customers.

In this legal action, Seana Cromitie, a visually impaired woman, claimed that she encountered accessibility issues while attempting to purchase a shoe rack from Wayfair’s website. These issues, she argued, denied her the same level of access to Wayfair’s online products, content, and services as sighted customers.

Cromitie’s lawsuit is part of a growing wave of web accessibility litigation filed under the Americans with Disabilities Act (ADA). But what can business owners learn from Wayfair’s recent allegations and the dangers of ignoring web accessibility?

Below, we’ll discuss the plaintiff’s claims, providing tips for avoiding and responding to ADA demands.

The Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is a civil law designed to protect the rights of people with disabilities in all areas of public life. While it doesn’t specifically mention websites, the courts have made it clear that the ADA applies to websites, whether they’re owned by government agencies or private businesses.

In July 2023, the Department of Justice (DOJ) suggested a new rule to ensure that online services provided by state and local governments become more accessible under Title II of the ADA. Although Title III, pertaining to privately owned businesses, has yet to see changes, the DOJ published guidance in 2022 confirming its position that the ADA does apply to websites, stating:

“…the Department has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”– US Department of Justice | Guidance on Web Accessibility and the ADA (2022)
– US Department of Justice | Guidance on Web Accessibility and the ADA (2022)

Failure to do so can result in legal action, as Wayfair’s recent case demonstrates. But what are the legal standards for ADA compliance?

For an in-depth look at the proposed changes to Title II of the ADA, check out our article “The ADA’s New Shift Towards Web Accessibility”

Title III and WCAG

Due to the DOJ’s delay in releasing technical standards for web accessibility, confusion has emerged among businesses and website owners about what is required for ADA compliance.

As a result, the DOJ often refers to the Web Content Accessibility Guidelines (WCAG) as the standard for ADA web compliance. The DOJ has even joined lawsuits against businesses and organizations that have failed to meet the WCAG standards.

However, Title III of the ADA has no legal standard for web accessibility— even achieving WCAG 2.1 AA conformance does not fully protect you from lawsuits.

So, how can businesses close the door to potential litigation? Let’s take another look at Wayfair’s June court case.

Background to the Wayfair’s 2023 ADA Case

The plaintiff, Seana Cromitie, asserts that Wayfair’s website falls under the definition of a public accommodation in Title III of the ADA. Therefore, it is considered discriminatory and illegal to deny people with disabilities access to the same products and services offered to others.

The 2023 court case centers on issues that made Wayfair’s website challenging for screen reader users. Screen readers are essential tools for users with visual impairments, as they provide an auditory interpretation of the website’s content. However, Wayfair’s website lacked the necessary features to accommodate these users.

Wayfair’s Web Accessibility Barriers

The class action complaint cites several specific issues with Wayfair’s website. These key issues include:
- Missing alternative text (or alt text): Alt text is vital for users to understand what an image looks like and its function on a website. Wayfair’s website had numerous images without meaningful alt-text, making them incomprehensible to visually impaired visitors.
- Incorrectly Formatted Lists: Screen readers rely on well-structured lists for proper navigation. When the lists aren’t correctly formatted, the screen readers might read items in the wrong order or convey the list incorrectly, making it challenging for users to understand the content and move around the site.
- Unannounced Pop-ups: Pop-up windows on the website without proper announcements caused confusion for screen reader users, hindering their navigation and comprehension.
- Broken and “empty” hyperlinks: Broken links can disrupt the user’s experience by not explaining where the link or image will lead. This can frustrate users and make accessing various parts of the website challenging.
- Missing Keyboard Navigations: Requiring a mouse for specific actions creates barriers for people with motor impairments or those who rely on keyboards or other assistive tools.
Unfortunately, these barriers are widespread, leaving millions of businesses unknowingly open to frivolous lawsuits.

Common Web Accessibility Barriers

In their annual analysis of the top 1 million website home pages, WebAIM (Web Accessibility In Mind) found that 96.3% of home pages had detectable failures of WCAG.

According to their finding, many of the same barriers cited in Wayfair’s case appear in their top WCAG 2 failures, including 58.2% of homepages missing alt text for images, while 50.1% had empty links. However, both of these barriers can take seconds to remove.

Suppose businesses recognize their mistakes early and make immediate changes. In that case, the cost to correct these barriers won’t accumulate or cost as much later. Remediating thousands of issues on an e-commerce website will require a substantial investment while building for accessibility will cost much less over time.

No Business is Too Small

While Wayfair is a major retailer, small businesses are also covered by Title III of the ADA. They are responsible for providing web content that works for all users, regardless of their abilities.

In fact, smaller companies with revenues under $25 million have been frequent targets. They accounted for 77% of ADA non-compliance cases in the first half of 2023, and many plaintiffs allege the same issues cited in the Wayfair class action case.

So, what steps can your website take to ensure ADA compliance?

A Step Towards Web Accessibility

Making sure your website is web-accessible is not only a legal requirement but also a moral and business imperative. This may involve working with web accessibility experts to conduct an audit and any necessary changes.

Here are some steps you can take to improve your web accessibility:
1. Conduct a web accessibility audit: Conduct a comprehensive web accessibility audit to identify all web accessibility barriers.
2. Make a plan: Familiarize yourself with WCAG’s guidelines and work to meet or exceed their standards. Address the issues identified in the audit, prioritizing the most critical issues first.
3. Consider a dedicated accessibility team: Partner with an accessibility team to oversee ongoing web accessibility efforts and ensure compliance with ADA requirements.
4. Train and Education: Educate staff on WCAG best practices and how to maintain accessibility standards moving forward.
5. Regular Monitoring: Continuously monitor your website for accessibility issues and address them promptly.
6. Stay up-to-date: Stay informed about ADA web accessibility requirements and update websites and apps as needed.
Start Your Journey to ADA Compliance

The recent lawsuit against Wayfair is a stark reminder of the importance of web accessibility under the Americans with Disabilities Act (ADA). It’s not just a legal requirement; it’s a moral and business imperative—no matter the size of your business, accessibility matters. The case of Wayfair demonstrates the very real risks of ignoring web accessibility and the potential for costly legal action.

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.

Don’t wait for a lawsuit to push you into action. Schedule a Complimentary ADA Strategy Briefing with 216digital to take the first step towards website accessibility.
Greg McNeil

October 26, 2023

ADA Web Accessibility

Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
What Is An Accessibility Statement?
You are making your website’s content accessible to all users, including those with disabilities. But how do you let them know?

An accessibility statement is a way to show your commitment to web accessibility. It provides your users with information about your accessibility plans, letting them know what to expect and what steps they can take if they encounter problems with your online content. But what is an accessibility statement — and does your website need one?

Below, we explore the key components of an effective web accessibility statement, why they are crucial, and how to create one for your website.

What Are Accessibility Statements?

An accessibility statement is a document or webpage on your site that shows your dedication to making the web inclusive for everyone. It’s like a formal promise to ensure that all users, no matter their abilities, can easily use your online content.

In general, it states that your website follows specific standards for accessibility, like the Web Content Accessibility Guidelines (WCAG). It provides detailed information about your website’s accessibility goals and the steps your company is taking to achieve them.

Think of it as a way to bridge your efforts to make your website accessible and your users’ understanding of those efforts. It’s like a virtual handshake, showing your users that you care about their experience on your site and that you’re working hard to improve it.

Why are Accessibility Statements Important?

Accessibility statements offer a range of benefits, not only for users but also for website owners.

Here are some of the benefits:

Your Commitment to Diversity and Inclusion

An accessibility statement is a tangible way to show your users that you care about their needs — providing them equal access to products, services, and company information.

By proactively communicating your company’s commitment to accessibility will foster trust and loyalty among your potential and existing customers. This can create new opportunities for those who may otherwise not be able to enjoy certain products or services due to a disability.

Encouraging Feedback

Accessibility statements provide users with contact information they can use if they encounter problems. This feedback can be invaluable in addressing specific issues and making your website more user-friendly.

Legal and Ethical Compliance

In many countries, there are legal requirements to make digital content accessible. Publishing an accessibility statement is a step toward compliance. It can be used as evidence of your commitment should the need arise.

Reduce Legal Risk

To the potential plaintiff firm, an accessibility statement serves as a flag to say, “We’re on this. Move along”. There is so much ripe low-hanging fruit that most will skip to the next website on the list.

Transparency

Transparency is key to building trust with your audience. Your accessibility statement should reflect your efforts, showcasing your organization’s values and ethics.

Writing an Accessibility Statement

Writing a solid web accessibility statement comes down to the chosen language, structure, and content.

Language

Accessibility statements are for users of your content — not lawyers or web developers. It is important to make your accessibility statement easy to understand for everyone, regardless of their background or expertise. This means avoiding technical jargon and using clear, simple language while providing useful information.

If you need to refer to a specialized term or phrase, clearly define its functionality and known limitations so readers understand them. For example, words like “WCAG Success Criterion 1.2.2 was not met” may not be familiar to everyone. Instead, it’s essential to explain them in a way that is easy to comprehend, such as “videos do not have captions.”

Tone

Language should also be clear and avoid assumptions about a person’s abilities. Therefore, statements should be written from a third-person perspective and in a professional tone.

Use words that are matter-of-fact and avoid language that could be seen as condescending or patronizing. This will help ensure that all users feel respected and valued and that your commitment to accessibility is communicated in a positive and inclusive way.

Format

Accessibility statements should follow this format:
- Use bold fonts or highlighted phrases to emphasize important parts of the statement. This will make it easier for readers to understand the message.
- Usually, italics are used to highlight technical terms or words related to the WCAG standards mentioned in the statement.
- Instead of long paragraphs, use lists with bullets or numbers to organize and present the main points.
- Add alt text to meaningful images if they are relevant.
Content

The content in an accessibility statement needs to be checked and kept current to make sure it stays accurate and reflects any changes or enhancements made to a website as time goes on.

The W3C-WAI offers a set of details to put in an Accessibility Statement. Normally, these statements include the following:
- Clearly state your commitment to making your website accessible to all users.
- Make it clear what accessibility standard is applied, such as WCAG 2.2
- Provide contact information, like a phone number or email address, for users to reach out if they face any issues.
Depending on your content, you may also want to include other relevant information:
- Summarize your efforts toward web accessibility.
- Environments in which the content has been tested to work, such as specific web browsers or operating systems
- Identify any known barriers or accessibility limitations. Explain the steps you plan to take to improve accessibility, such as ongoing audits, training, and user testing.
- Include a disclaimer that addresses your 3rd party plug-ins or social media sites.
- List the date the accessibility statement was last updated.
You can include as much information as you want, but remember that people will read your Accessibility Statement to find out how accessible your content is. Avoid adding irrelevant content, such as promoting products or services.

Do I Need an Accessibility Statement to be Compliant?

In most cases, the answer is yes. Conformance with accessibility standards, like WCAG, is essential for ensuring an inclusive online experience. While WCAG doesn’t require websites to publish an Accessibility Statement, some non-discrimination laws do.

For example, the European Union’s Web Accessibility Directive requires public websites in the EU to publish Accessibility Statements that follow an established format.

However, suppose one of your goals is compliance with the Americans with Disabilities Act (ADA). In that case, it’s still best to publish an Accessibility Statement even if it isn’t legally required.

An accessibility statement serves as proof of your compliance and your dedication to meeting these standards. A well-written statement can help you show that you value users and your commitment to web accessibility.

What If Our Website Isn’t Accessible Yet? Should We Still Publish a Statement?

Having an accessibility statement on your website is essential, even if your website is not yet fully accessible. It shows your users that you acknowledge the issue and are committed to making your website more accessible.

If your site has not been fully audited and remediated, then to start, you’re going to want to express your intent…. “we are in the process of…. our goal is to…” Your statement should convey your plans to improve and address accessibility issues. Being transparent about the areas where your site falls short and your dedication to improvement can help build trust with your users and demonstrate your commitment to accessibility.

Where to Publish an Accessibility Statement?

Your accessibility statement should be easy to find on your website. Consider placing it in the footer, help menu, and other prominent areas where users can readily find it. Additionally, you should use consistent link names for your accessibility statements to help users recognize them. For example, if the link in your footer is labeled “Accessibility Statement,” so should the link in your help menu.

Make a Statement with 216digital

Accessibility is not just a checkbox; it’s an ongoing journey that requires transparency, communication, and dedication to ensuring a more inclusive online space.

At 216digital, our team is committed to helping you take the steps towards web accessibility on your terms by developing a strategy to integrate WCAG 2.2 compliance into your development roadmap. We offer comprehensive services that not only audit your website for accessibility but also provide solutions to meet ADA compliance requirements.
To learn what more you should do to achieve and maintain accessibility for your terms, schedule a Complimentary ADA Strategy Briefing with the experts at 216digital.
Greg McNeil

October 26, 2023

ADA Web Accessibility

Accessibility, Accessibility Statment, ADA Compliance, ADA Website Compliance, Website Accessibility
Creating Web Accessible Links
The Internet has always been about connectivity. The links that crisscross every site play a vital role in guiding users as they explore the online realm. As one of the most basic elements of web accessibility, hyperlinks help users navigate to another page to access different types of digital content. While creating hyperlinks is easy, making them web accessible takes careful consideration. But how can we make sure they are accessible to everyone?

What are Descriptive Links?

A descriptive link provides clear information about where the link will take the user. Instead of generic terms like “click here” or “read more,” a descriptive link might say “learn about our sustainability practices” or “view our summer collection.”

Why Use Descriptive Links?

People using screen readers either tab through links or bring up a list. This can take the link out of the context of the surrounding text. However, descriptive link text provides clarity, aiding users with assistive tools in grasping the destination of a link without additional information. By ensuring links are descriptive, users can confidently know the link’s destination, allowing those using assistive technologies to navigate more efficiently.

Types of Links That Need to Be Accessible

There are three types of links that need to be accessible:

Anchor Text

Anchor text is clickable text linking to another page or file. The best practice is to ensure it’s descriptive. For example, instead of “Click here for more information about web accessibility,” use “Learn more about web accessibility.”

Image Links

Images links are clickable images or call-to-action buttons that link to another page or file. When using an image or button, an alternative text (alt text) must describe its purpose. This helps screen readers in conveying the link’s purpose to the user.

Adjacent Links

Adjacent links are two links next to each other that point to the same destination—for example, an image with text beneath it both linking to the same page.

Creating Valid and Accessible Links

Start with Valid HTML

The foundation of any accessible website is its underlying code. Think of your site’s HTML as the skeleton, providing structure and meaning. Just as a well-built house begins with a solid foundation, a fully accessible website starts with clean, valid HTML.

When crafting links, it’s essential to use the correct tags and attributes. The <a> (anchor) tag is the standard for creating links.

Here’s a basic example:
```
<a href="https://www.example.com">Visit our homepage</a>
```
This link is valid and clear, ensuring that screen readers and other assistive devices can interpret and present it correctly to the user.

To be a valid link, it must have the following:
- A href Attribute: The location or URL of the anchor, page, or resource. Without the href attribute, the <a> tag won’t work.
- Link Content Text describing where the link is going. This could be plain text or the alt attribute of an image.
- Opening and closing tags: An opening tag begins the link, and a closing tag ends it. A closing tag always precedes the element with a /.
Write Helpful Link Text

The actual text of your link is crucial for web accessibility. Avoid generic terms like “click here” or “read more.” Instead, aim for descriptive, context-rich text that clearly indicates the link’s destination or purpose.

For example:

Instead of using
```
 <a href= "#">click here</a>.
```
Use:
```
 <a href="#">View our comprehensive guide</a>.
```
This approach benefits those using assistive technologies and improves the user experience for everyone, making your content more intuitive and navigable.

What About the Title Attribute?

The title attribute can provide additional information about a link. However, not all browsers present the title attribute accessibly, so individuals using keyboards or touch-only devices might not see this information. Therefore, using the title attribute on <a> elements is not recommended.

Focus State and Keyboard Navigation

Web accessibility isn’t just about screen readers. Many users use keyboards for navigation due to motor disabilities or personal preferences. It’s essential to ensure that all links are navigable and clearly highlighted when accessed via a keyboard.

This is where the WCAG’s success criteria 2.4.7, focus visible, comes into play. Essentially, when someone tabs through a website using the keyboard, the “focused” element (like a link) should have a clear visual indicator, such as a border or a change in background color.

If you’re using CSS, you might apply a focus style like:
```
a: focus { 
outline: 2px solid black; }
```
This will give a black outline to any link that’s currently selected via keyboard navigation.

Moreover, make sure that the tab order (the sequence in which elements are selected when tabbing through) is logical and follows the flow of your content.

When Should You Use a Button Instead?

Links and buttons are often used interchangeably on the web. However, they serve distinct purposes:
- Links: Primarily navigate users from one page or resource to another.
- Buttons: Used for actions like submitting a form, opening a popup, or toggling content.
From an accessibility standpoint, it’s essential to use them appropriately. Screen reader users, for instance, might need clarification if a link behaves like a button or vice versa.

So, if you’re leading users to a different resource, use a link. Consider using a button if you’re prompting an action on the same page.

Designing Accessible Buttons and Linked Images

Design plays a significant role in digital accessibility. For buttons and linked images:
1. Clear Labels: Ensure every button or link has a clear label. This assists not just visually impaired users but everyone. “Read more” is often ambiguous. Instead, be specific, like “Read more about web accessibility.”
2. Contrast: Make sure there’s enough contrast between the button’s link text and its background. This helps people with visual impairments and disabilities easily identify and read content.
3. Descriptive Alt Text for Linked Images: If an image acts as a link, ensure it has descriptive alternative text. This allows screen reader users to understand the purpose of the link. For instance, instead of “image1.jpg”, use “Click to view our accessibility guide.”
4. Focus Indicators: Ensure links and buttons have a visible focus indicator. This helps keyboard-only users identify which element is currently in focus.
Understanding Touch Target Size Accessibility

Touch target is the area that responds to a user can press or click. It’s especially vital for touchscreen devices. Here’s what you should consider:
1. Minimum Size: According to many WCAG guidelines, the touch target size should be at least 24×24 pixels. This ensures even users with motor disabilities can easily tap the element.
2. Spacing: Ensure there’s enough space between tappable elements. Crowded links or buttons can lead to mistaken taps or clicks, frustrating users.
3. Visual Feedback: When a user taps a link or button, provide visual feedback, like a color change, so they know their tap was successful.
4. Font Size: The smallest acceptable font size is 14 points, but anything between 14 to 18 points, or equivalently 18.5 to 24 pixels, is considered compliant by WCAG.
Take the Next Steps Toward Web Accessibility

The digital realm has evolved, and web accessibility has emerged as a fundamental right, not just a trend. Making your website accessible isn’t just about compliance but inclusion. It’s about ensuring everyone can access and enjoy the content you’ve painstakingly created, regardless of their abilities. And while the nuances of accessibility can seem daunting, there are experts available to assist you.

216digital has been at the forefront of web accessibility, armed with the tools, knowledge, and experience to make your online space both compliant and welcoming for all. We will help you take the steps towards web accessibility on your terms by developing a strategy to integrate WCAG 2.1 compliance into your development roadmap.

So, if you’re committed to creating a digital space where everyone feels valued, don’t leave it to chance. Schedule a Complimentary ADA Strategy Briefing with the experts at 216digital, where web accessibility is more than just a checklist—it’s a mission.
Greg McNeil

October 10, 2023

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

Accessibility, ADA Compliance, ADA Website Compliance, Links, Web Accessible Links, web development, Website Accessibility
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
Understanding Image Alt Text Descriptions
Even though digital transformation is progressing rapidly, many online businesses still lag behind in making their websites accessible to people with disabilities. This is partly due to a lack of awareness or technical knowledge of different accessibility issues and how to solve them.

In this article, we will cover one of the most common accessibility barriers — providing alternative text descriptions for images. When done correctly, alt text can paint a complete picture for people who cannot perceive images visually. Unfortunately, many content creators and developers forget to provide alt text or write something that doesn’t quite hit the mark.

So, what exactly is Image Alt Text, and how should you integrate it into your website?

What is Alt Text?

Image alt text, also called image alternative text descriptions, is the written copy that appears in place of an image on a website if the image fails to load on a user’s screen. This text can also help screen-reading tools describe images to visually impaired users and allows search engines to better crawl your website.

Alt text should be brief but vivid enough to clarify the image’s content to someone listening to the description. This includes any information contained within graphs or charts. Well-written alt text doesn’t just describe a photo but also communicates its purpose and context.

But how do you add alt text to images?

How to Add Alt Text to Your Images?

Image Alt Text is the descriptive text that is included in a website’s foundational HTML code to describe an image on a webpage.

However, adding Alt Text to images varies slightly depending on your web-building platform. Generally, when you upload a photo, there should be an ‘Alt Text’ or ‘Alt Description’ field where you can input your description.

For HTML users, you can add Alt Text to an image by including the ‘alt’ attribute within the ‘img’ tag:
```
<img src="example.jpg" alt="A description of the image">
```
Suppose you use a Content Management System (CMS) like WordPress. In that case, there’s a designated field for image optimization where you can create and change the image’s alt text.

When Should I Use Alt Text?

According to the World Wide Web Consortium (W3C), all images must have a text alternative that describes their function or the information they represent. However, that doesn’t mean every image should be treated the same.

Follow these rules when writing alt text:

1. Images of Text

Does the image contain text?

If readable text is presented within an image, the text alternative must contain every word in the image. However, it’s essential to mention images with text should be avoided, except in the case of logos.

2. Functional Images

Is the image used in a link or a button, and would it be hard to understand the function if it wasn’t there?

Suppose an image is used as a link or button. In that case, the alt text must describe the functionality and destination, if it doesn’t already from the text or graphical content. For instance, a button to “download in App Store” image link would have an alternative text description stating: “Click here to download the Bittrex app on the App Store.”

3. Informative Images

Does the image contribute meaning to the current page or context?

Informative images are images or illustrations that convey vital information to the context of information surrounding them. The text alternative for these images should include the image’s essential information. The description should be colloquial as if you are explaining it to someone sitting next to you. For example, suppose an image is of a truck driving. In that case, the alternative text should state: “A truck driving over rough terrain”.

However, complex images such as infographics or diagrams used to convey data or detailed information should have a complete text equivalent to the data or information provided in the infographic or chart.

4. Decorative Images

Is the image purely decorative or not intended for the user?

If an image’s only purpose is to add visual decoration, it does not require alt text. However, the image must then be explicitly marked as presentational so that it is ignored by screen reading software. It must still have an alt attribute, so give it “null” alt text, which is an alt attribute with no value, as seen below:
```
<img src=”../img.jpg” alt=”” />
```
Need help with how to treat a specific image? The W3C has developed an alt text decision tree to help you determine the right approach depending on the image’s purpose.

Image Alt Text Best Practices

Ultimately, image alt text needs to be specific and representative of the topic it supports. Just adding alt text isn’t enough. It’s essential to ensure it’s effective.

Here are some best practices to follow:

Describe an Image and Be Specific

Alt Text should accurately represent the content and function of an image. Use both the image’s subject and context to guide you. For example, instead of writing “dog” for an image, use a more specific description such as “A golden retriever playing fetch in the park.”

Avoid Redundancy

It might seem like a helpful cue, but remember not to include phrases like “picture of” or “image of” in your alt text. Screen readers and Search Engines will know from the preceding HTML tag to announce the alt text as an image. Including these phrases in your description will only disrupt the user’s experience and waste valuable characters.

Write for People, Not Search Engines

Many content creators make the mistake of trying to stuff keywords into their site’s alt text. While it’s true that alt text can contribute to SEO, your priority should be accessibility and user experience. If you can naturally fold a keyword into your alt text, excellent. But don’t fall into the trap of treating alt text like an SEO tool.

Review for Spelling Errors and Punctuation

Like all website content, proper punctuation makes information easier to understand. Ensure that your alt text is free of mistakes for a professional and clear description.

In addition, when hiding decorative images, you should be aware of spacing when using a null or empty alt text. If there is a space between the quotes, assistive technologies may still pick it up as alt text, confusing the user.

Image Alt Text Example

Alt text that doesn’t appropriately describe the image and its purpose could prove detrimental or puzzling to website users relying on assistive technology.

Follow alt-text best practices, and you’ll get a feel for what needs to be said. A more detailed description may be beneficial. However, there are instances when it can be redundant. Consider the example below.

Bad Alt Text
```
<img src= "example.jpg" alt="a city's bridge at night">
```
The line of alt text above is technically descriptive — but it does not describe the image in a meaningful way for the user. Yes, the photo above shows a city’s bridge, and it is night. But this is also a picture of Cleveland, Ohio — and the Detroit-Superior Bridge. These are essential specifics that your users might need to comprehend the image if it’s on, say, a blog post about Cleveland landmarks.

Good Alt Text

With context in mind, a better alt text for this image might be:
```
<img src= "example.jpg" alt="Cleveland Ohio's Detroit-Superior Bridge at night">
```
Why is Image Alt Text Important?

We’ve already alluded to several reasons why image alt text is essential. However, understanding these reasons will help you write the best alt text possible for your users. Below we’ll look at the significant reasons image alt text is essential.

Web Accessibility and User Experience

Image alt tags allow screen reader users to understand what is happening on a webpage besides the written basic text. Images may be the only form of instruction for some websites or other digital assets. Without alt text, these users may miss out on the information conveyed through images, affecting their overall site experience. It is, therefore, a key component in meeting the World Wide Web Consortium (WCAG) success criteria for image alternative text descriptions.

Ignoring these standards could lead to potential legal consequences due to non-compliance with the Americans with Disabilities Act (ADA). Such non-compliance limits your website’s audience reach and could result in lawsuits or hefty fines. Hence, incorporating alt text in your website design is an inclusive practice and a legal imperative.

Search Engine Optimization

Search engines like Google, unable to visually understand images, rely on Alt Text to determine their content. This information helps them provide relevant results for image searches, significantly boosting your website’s visibility.

However, while Alt Text can contribute to SEO, it should not be used to manipulate search rankings by overstuffing keywords. Google can penalize such practices, leading to a decrease in your overall SEO performance.

Learn more about Web Accessibility and SEO Optimization: A Powerhouse Combination.

Take the Next Steps Toward Accessibility

In a digital era where inclusivity and accessibility are of utmost importance, alt text is a vital tool for website owners and developers. If, until now, you were not aware of the importance of image alt text, don’t stress! You can add these elements at any time to increase the accessibility of your website.

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 web accessibility on your terms by developing a strategy to integrate WCAG 2.1 compliance into your development roadmap.

Remember, alt text is not just an option—it’s an essential step in building a successful and accessible online presence.
Greg McNeil

July 10, 2023

216digital, ADA Compliance, ADA Web Accessibility

Accessibility, ADA Compliance, ADA non-compliance, ADA Website Compliance, Alt text, Image Alt Text, Website Accessibility, Website Accessibility Tools
Understanding WCAG for Better Digital Compliance
The World Wide Web is an interconnected network of knowledge accessible to anyone with an internet connection. However, the term ‘anyone’ isn’t always accurate. Some individuals, particularly those with disabilities, may find it challenging to access information and services online.

Fortunately, the Web Content Accessibility Guidelines (WCAG) are here to change this. WCAG can help websites follow the best practices of accessible design and eliminate accessibility barriers that could expose your business to the risk of legal action.

But what is WCAG — and how does it apply to your online business? In this post, we answer these questions and provide a few tips for making your web content WCAG-compliant.

The World Wide Web Consortium

The World Wide Web Consortium (W3C) is an international organization committed to improving the web. In 1997, the W3C launched the Web Accessibility Initiative (WAI) with the goal of providing strategies, guidelines, and resources to make the web accessible to people with disabilities. This initiative includes technical specifications for HTML, CSS, XML, and other technologies used to build websites.

Out of the WAI was born the Web Content Accessibility Guidelines or WCAG.

What is WCAG?

The Web Content Accessibility Guidelines, commonly known as WCAG, are a set of recommendations designed to make web content more accessible, primarily for people with disabilities. However, following these guidelines can also make your web content more accessible to all users, regardless of the device they’re using or their internet access circumstances.

The initial version of WCAG, WCAG 1.0, was released in 1999 with 14 guidelines. Since then, it has undergone significant revisions to better address the needs of various users and keep pace with rapidly evolving technologies. The most recent version at the time of this writing, WCAG 2.1, was published in 2021. However, the WAI plans to introduce WCAG 2.2 in the fall of 2023. Learn more about WCAG 2.2 and the future of accessibility standards.

WCAG Structure

WCAG is organized around four fundamental principles, which state that all content must be Perceivable, Operable, Understandable, and Robust (POUR). These four principles are expanded upon by supporting guidelines and further divided into distinct Success Criteria. These Success Criteria serve as precise and verifiable requirements for accessibility.

An Example of WCAG Success Criteria

Success Criterion 1.1.1 Non-text Content states: “All non-text content presented to the user has a text alternative that serves the equivalent purpose, except for the situations listed below…”

This Success Criterion is one of the Success Criteria under Guideline 1.1 Text Alternatives: “Provide text alternatives for any non-text content so that it can be changed into other forms people need, such as large print, braille, speech, symbols, or simpler language.”

This Guideline is one of the Guidelines under Principle 1. Perceivable: “Information and user interface components must be presentable to users in ways they can perceive.”

WCAG Conformance Levels

WCAG success criteria are organized into three levels of conformance: Level A, Level AA, and Level AAA. Each Success Criterion is assigned a conformance level of A, AA, or AAA, with each Level including all success criteria from the lower levels.

For instance, Level AA includes all Level A success criteria, while Level AAA includes both Level A and AA success criteria. To qualify as meeting a certain conformance level, all content on a website must fully meet at least that Level.

While Level A conformance makes a website accessible, Level AA conformance of WCAG 2.0 or 2.1 is the most common. Websites that meet the Level AA requirements of the current version of WCAG are generally considered reasonably accessible to most users with disabilities.

Achieving Level AA conformance means satisfying all Level A and AA Success Criteria. However, it’s important to note that meeting Level AAA is optional as it’s impossible for some content to meet all Level AAA Success Criteria.

Understanding How WAI Maintains and Updates WCAG

The WAI regularly updates the WCAG to keep up with advancements in technology and user needs, ensuring the guidelines remain relevant and effective.

The WAI organizes this process through milestones, which are as follows:
1. Working Draft: The WAI team publishes the document as a Working Draft to ask for review and input from the community. The team updates the draft based on feedback. Usually, multiple Working Drafts of a technical report are published.
2. Wide Review Working Draft: Once all the comments and technical requirements have been addressed, it provides the complete document for community review. At this stage, members of the public are invited to leave comments.
3. Candidate Recommendations: The main purpose of the Candidate Recommendation is to ensure that the technical report can be implemented. At this stage, developers are encouraged to use the new version of WCAG in their projects.
4. Proposed Recommendation: After implementing each feature of the technical report, the W3C announces it as a Proposed Recommendation for W3C membership endorsement
5. W3C Recommendation: Once there is significant support for a new version of WCAG from the W3C Members, the W3C Director, and the public, it becomes an official W3C Recommendation.
It’s important to understand that WCAG is a living document, consistently updated to meet changing technology and digital accessibility needs. Hence, reaching each milestone takes time. WCAG needs to apply to different types of digital content and be reasonably future-proof.

But which version of WCAG should you use to test your content?

Which Version of WCAG Should I Use To Test My Content?

WCAG offers businesses a straightforward way to test their web content for accessibility issues. Each version of WCAG is designed for backward compatibility, including all previous guidelines and adding new ones. While recent versions of WCAG extend the requirements of older versions, the old standards still apply.

But which version of WCAG should you use for testing? When deciding which version of WCAG to use for testing your content, it’s generally recommended to use the latest version. Using the most recent version will ensure your website complies with the Americans with Disabilities Act (ADA) and other nondiscrimination laws, mitigating the risk of frivolous ADA lawsuits.

Is WCAG a Legal Requirement?

While WCAG is not legally binding in every country, many governments require compliance with its guidelines to ensure digital accessibility. For instance, in the US, federal websites must meet WCAG 2.1 Level A and AA requirements under Section 508 of the Rehabilitation Act.

Similarly, Title III of the ADA applies to private businesses but doesn’t explicitly mention WCAG or provide technical standards for online content. However, the Department of Justice (DOJ) published guidance in 2022 confirming its position that the ADA applies to business websites, stating:

“…the Department has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”
– US Department of Justice | Guidance on Web Accessibility and the ADA (2022)

The Rise of ADA Web Compliance Lawsuits

Failure to meet these standards can expose businesses to legal challenges, as was the case with Domino’s Pizza in 2019. More recently, 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. This number doesn’t include the rising number of ADA legal complaints and ADA compliance demand letters sent to businesses with non-accessible websites.

While WCAG conformance might not be legally required elsewhere, it’s still considered a best practice and can significantly improve the user experience for all visitors.

Understanding What Conformance Means

WCAG conformance means that your website meets the criteria set by the WCAG guidelines. This involves more than just ticking off a list of guidelines; it means ensuring your website is accessible and usable for people with various disabilities.

W3C’s Understanding Conformance explains: “Conformance to a standard means that you meet or satisfy the ‘requirements’ of the standard.”

There are five requirements for conformance, per W3C:
1. Conformance Level: Websites must fully meet Level A, AA, or AAA levels.
2. Full Pages: Conformance and conformance levels account for the entire website or web page. It does not exclude a part of the website or a web page or evaluate each page individually.
3. Complete Process: If a web page is part of a multi-page process where a sequence of steps must be completed to accomplish an activity, all web pages must conform at the specified Level or better. Conformance can only be achieved if all pages in the sequence of steps conform at that Level or better.
4. Only Accessibility-Supported Ways of Using Technologies: Accessibility-supported technologies must be used to satisfy the success criteria. Any information or functionality not supported must also be available in a way that is accessibility supported.
5. Non-interference: If technologies are used in a way that is not accessibility supported, or if they are used in a non-conforming way, they must not prevent users from accessing the rest of the page. Additional requirements may also apply.
For more information, review W3C’s Understanding Conformance.

Building a Strategy for WCAG Conformance

Every online business should commit to web accessibility. Thankfully, WCAG makes this process more manageable. By planning to test your content against WCAG Level AA, you can find and address barriers affecting your users.

At 216digital, we’re dedicated to helping businesses achieve WCAG conformance. We can help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms so you can focus on your other tasks.

Would you like to know where your business stands today? Schedule a complimentary ADA Strategy Briefing with 216digital to get a free scan of any URL and uncover accessibility issues on your site.
Greg McNeil

July 10, 2023

216digital, ADA Web Accessibility, Website Accessibility

Accessibility, ADA Compliance, ADA non-compliance, ADA Website Compliance, WCAG, Website Accessibility
AI for ADA Web Remediation: Is It the Right Choice?

The web, a vast and sprawling network of information, has become a fundamental part of our lives. From education to work, communication to commerce, it shapes how we interact and learn. However, it’s not always as accessible as it should be for everyone. Web accessibility is a pivotal matter that guarantees everyone, including people with disabilities, can perceive, understand, navigate, and interact with the web. But what role does powerful artificial intelligence (AI), like Accessibe, UserWay, and ChatGPT, play in this realm? And, is it suitable for web remediation?

What is AI?

Artificial Intelligence (AI) is a field of computer science that aims to create systems capable of performing tasks that usually require human intelligence. This includes learning, understanding language, recognizing patterns, solving problems, and making decisions.

AI uses various techniques, most commonly machine learning (ML), where machines are programmed to learn and improve from experience. ChatGPT is, of course, a famous example.

ChatGPT

ChatGPT is a state-of-the-art AI language model developed by OpenAI. It leverages machine learning to understand and generate human-like text based on the inputs it receives. ChatGPT and similar machine learning models have vast potential in their applications. Its applications include coding, composing music, writing emails or essays, and playing complex games like Chess.

While some worry that the mass adoption of AI might take away jobs or make it easier for people to cheat or plagiarize, it has made others question if AI could help with ADA web remediation. While AI has shown tremendous potential in various fields, there are reasons why it may not be the best solution for ADA web remediation.

AI and Machine Learning in Web Remediation

AI and machine learning shows great promise in various fields, including web accessibility. Common AI web accessibility solutions include tools like Accessibe, UserWay, and AudioEye. However, even the most sophisticated AI, like ChatGPT, has limitations. Let’s explore how AI and ML can be applied to web accessibility.

AI Testing for ADA Web Compliance

AI systems can be trained to recognize certain patterns, enabling them to evaluate websites against Web Content Accessibility Guidelines (WCAG) criteria. However, this method is not foolproof.

Many WCAG requirements, such as ensuring content makes sense when read out of context or assessing whether a site is easy to navigate, require a nuanced understanding of human interaction that AI currently lacks. In fact, AI can only identify 30% of WCAG 2.1 A and AA success criteria.

David O’Neill, a well-known figure in accessibility and technology, says, “[AI] can identify accessibility issues, but it cannot replace a human being in terms of applying the necessary context or making the relevant decisions.”

AI Remediating Accessibility Issues

When it comes to fixing accessibility issues, AI may fall short. AI can automate some remediation tasks, like adjusting elements on a webpage, such as text size, color contrast, or page navigation. However, this automatic correction can also introduce new accessibility issues. AI algorithms can misinterpret complex web page elements, leading to flawed solutions that don’t fully address accessibility needs or might cause more barriers.

AI Creating Alternative Text Descriptions

AI has made significant strides in image recognition, leading to the idea that it could be used to generate alternative text descriptions for images. However, though AI can identify the objects in a photo, it still struggles to provide meaningful context. For example, an AI might recognize and describe an image as “a person standing in a room,” but a human could provide more context, like “John, laughing while decorating the Christmas tree.”

Predicting and Prioritizing Accessibility Issues

AI and ML algorithms can predict common accessibility issues based on patterns from past data. However, predicting is one thing; prioritizing and rectifying these issues is the real challenge. AI lacks contextual understanding, which is often vital in prioritizing and addressing barriers. For instance, AI might deprioritize fixing small font sizes based on frequency. Still, for an elderly user or someone with visual impairments, this is a critical issue.

So, at a glance, AI offers some promising solutions. But should we entirely trust AI for web remediation?

Limitations of AI for ADA Remediation

While AI and ML have made strides in web accessibility, it is clear they can’t replace the expertise and experience of a web accessibility agency.

AI can certainly help identify some common accessibility issues. But to thoroughly evaluate the accessibility of a website and remediate potential problems, you need a detailed understanding of how people with disabilities interact with digital content. This level of insight requires human empathy, contextual understanding, and years of experience, something AI currently lacks.

AI cannot comprehend the intent of a web page or the nuance behind the design. It can’t understand the user journey in the same way that a professional with experience in web accessibility can.

Manual Auditing: The Gold Standard

While automating the process might be tempting, manual auditing remains the gold standard for ADA web remediation.

A manual audit offers depth and understanding that AI currently cannot match. With a comprehensive understanding of user experience from various perspectives, human auditors can identify barriers to accessibility that AI might miss. This is because professional auditors are experienced in recognizing how individuals with disabilities navigate and interact with web content.

By leveraging the expertise of professionals, you can ensure that every aspect of your website meets WCAG standards. They can understand the unique context and nuances of your website, something which even the most advanced AI, like ChatGPT, cannot fully emulate.

Partner with 216digital for ADA Web Remediation

When it comes to ADA web remediation, consulting professional web accessibility agencies like 216digital provides a distinct advantage. Our team of experts understands the intricacies of web accessibility and how to make your website more accessible and compliant with ADA and WCAG guidelines.

Unlike AI, 216digital offers customized strategies based on a comprehensive understanding of your website and its users. We don’t just look for issues; we also devise the best ways to remediate them in light of your site’s purpose and design.

As David O’Neill points out, “There is a role for automation in accessibility… [But] there is also a clear need for manual testing.” At 216digital, we combine the best of both worlds, using technology to aid in identifying issues while relying on our human expertise for effective remediation.

For comprehensive ADA web remediation, trust the experts at 216digital. Schedule a complimentary ADA Strategy Briefing today.

Greg McNeil

June 15, 2023

216digital, ADA Web Accessibility, Website Accessibility

Accessibility, ADA Compliance, ADA non-compliance, ADA Website Compliance, Website Accessibility, Website Accessibility Tools
What is Manual Testing and Remediation?
Are you a website owner striving to make your site more accessible? If so, you’re already ahead of the curve, recognizing the critical role of web accessibility in our digital age. So far, you might have relied on automated tools for testing web accessibility. While these are useful, they have limitations. That’s where manual testing and remediation come into play.

But what is manual testing? If you’ve heard of the term but aren’t quite sure what it means, don’t worry! We’ve got you covered. This article will give you an in-depth understanding of manual audits and how to use them to make your site more inclusive. Let’s dive in!

The Current Limits of Automation

Automated tools have made testing websites for accessibility issues a breeze, detecting common problems quickly and efficiently. However, they can’t replicate the intuition, judgment, and understanding of real human users. While automated tools can detect clear-cut technical issues, they miss out on nuances only a trained professional can spot.

In fact, 70% of accessibility issues require a human review to correctly interpret standards and navigate gray areas outside automation’s grasp. The limited scope of even the most advanced automation will leave many compliance issues unresolved and your company at risk for a frivolous ADA lawsuit. That’s because web accessibility isn’t just about ticking boxes or passing tests; it’s about creating an enjoyable user experience for everyone. And this is where manual testing excels.

What is Manual Testing and Remediation?

Manual testing and remediation is a hands-on approach to web accessibility. Accessibility experts will navigate through your site, examining each element to ensure it meets the Web Content Accessibility Guidelines (WCAG).

It’s a meticulous process that requires experts to use a variety of browsers and assistive technologies, such as screen readers or voice recognition software, to help diagnose subtle hindrances to accessibility. This thorough testing method often helps to find accessibility issues caused by code that technically conforms to WCAG. However, these issues will cause unexpected problems for some or all users with disabilities.

Once the manual audit is complete, the experts will deliver a report providing recommendations for remediation. A developer will then use that report to analyze and fix the site’s source code.

Why Choose Manual Testing?

It’s the human touch! Computers are great for many things, but they can’t replicate the intuition, judgment, and understanding of real human users. While automated tools can detect clear-cut technical issues, they miss out on nuances only a trained professional can spot. Some of these include:

Functionality

Imagine trying to navigate your site without a mouse. Sounds challenging, right? Yet, this is a reality for many users. Some people may use only a keyboard or switch devices to navigate the web due to physical impairments or personal preference.

Manual audits involve navigating your website using only a keyboard to ensure that all interactive content and functionalities are reachable and usable. Basic keyboard controls include the Tab and arrow keys to navigate through links, buttons, and form fields and Enter to select. Your site should allow users to skip to main content areas or navigation menus with keyboard shortcuts to prevent ‘Tab fatigue.’

While automated audits can detect some critical features for functionality, they are not able to test for the following:
- Contains focus outlines, highlighting focused elements such as form fields or button
- Navigating header menus and links
- Navigating through one and or multiple pages
- Keyboard traps (Users are unable to move away from a selected element)
Screen Reader Compatibility

Screen readers are assistive tools that convert on-screen text into spoken words or braille output. Low-vision users most commonly utilize this tool, and it can be challenging to replicate through automated testing.

During manual testing, however, professionals can use screen readers to navigate the website to ensure that all visual information is read aloud accurately, allowing low-vision users to interact effectively with all elements. This includes images, links, form fields, buttons, and more.

For example, if you have an image on your site, that’s essential for understanding the content. Automated tools might recognize the existence of the image and its associated text description. Still, they won’t be able to judge if the alt text accurately represents the image’s content.

Content Review

The content of your website is its bread and butter. Without your content functioning as intended, you could leave your users scratching their heads.

While it’s not difficult for an automated scanner to detect if pages have missing content, such as alt text or page header, it can’t notice if they are used in the correct context or if it makes sense for the user. Utilizing a manual audit will ensure that content is readable and makes sense not just for the user but for search engines, which can directly lead to more business opportunities for a company.

A content review includes ensuring text is clear and readable, images have alternative text descriptions (also known as ‘alt text’), and information is presented logically and in understandable order.

When a Manual Audit is Needed

A manual audit must be conducted on a website instead of just an automated scan. Automated audits can’t account for the nuances of human consciousness, and it’s essential that all users have the same experience regardless of their disability. For people with disabilities, navigating online is a personalized and delicate process, as should the auditing process.

Facing an ADA Web Accessibility Lawsuit

Under more severe circumstances, if you’re facing a lawsuit, you must fix any issues cited in the complaint. The biggest problem with these complaints is that they’re vague, and this is usually done on purpose for two reasons:
- Easier to justify the lawsuit
- Allows enough wiggle room to allow plaintiffs to file a copycat lawsuit or sue again for a different issue, claiming that the problems were never fixed.
So getting a manual audit and taking your website through some digital remediation is significantly less than the cost of a lawsuit because not only do you have to pay for the suit, but you’ll also be paying legal fees and your chances of actually getting out of a lawsuit are slim to none as 95% of them are settled outside court.

What Components Make A Good Manual Audit?

All audits are not created equal, but a good audit report will be very detailed and thorough. It starts with the scope of the audit in conjunction with the detail and clarity in which it is conveyed to you and your web developer.

Your audit serves as a blueprint that needs to be followed step-by-step to fix the problems on your website and make it accessible. So having a report that is too broad can cause you to miss important details or, if they’re too vague, you could still be missing vital information.

In every report that we conduct at 216digital, we include the steps needed to recreate non-compliant issues, including:
1. A detailed list of issues: The report will specify what WCAG criteria were violated, their location on your website, screenshots and code snippets for clarity, and how severe they are.
2. Recommendations for remediation: The report will offer practical solutions to remediate issues, the urgency to fix them, and the link to exact WCAG guidelines
3. Compliance level: It should indicate how compliant your website is with established accessibility standards, like the WCAG.
4. User-focused insights: It should include feedback from users with disabilities, offering a real-world perspective on how accessible your website is.
5. Ongoing Web Accessibility: Suggest tools or practices for maintaining accessibility in the future.
We use an Excel Spreadsheet with multiple tabs detailing these issues comprehensively to ensure that you or a developer can clearly understand the problems and methodically go through the audit to implement the required changes.

What You Should Look for in an Accessibility Partner

When choosing an accessibility partner, you should first look for expertise and experience. Website accessibility is both a confusing and highly litigious process that requires experts to guide clients through and resolve these problems.

A good measurement of whether you have a qualified accessibility partner is by asking:
- How many audits have they done?
- What are the professional credentials?
- How many years have they been in business?
- What is their process to find non-compliant issues?
- Do they offer remediation services or guidance for identified issues?
- Do they provide aftercare training or tools to maintain accessibility in the future?
Every website is different, so having professionals that are thorough and will check every non-compliant finding is critical.

Bring Your Site to a New Level of Accessibility

Enhancing your website’s accessibility is an ongoing process. While automation is an excellent starting point, manual testing, and remediation are indispensable for comprehensive web accessibility. By going beyond the capabilities of automated tools, you’ll create a site that meets legal requirements and a platform that truly resonates with your entire audience, opening doors to even greater user engagement and broader markets. So, make the move and bring your site to a new level of accessibility today with 216digital!

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 an ADA Strategy Briefing.
Greg McNeil

June 15, 2023

216digital, ADA Web Accessibility, Website Accessibility

Accessibility, ADA Compliance, ADA non-compliance, ADA Website Compliance, manual audit, Manual Testing, Website Accessibility
A Comprehensive Guide to ADA Web Compliance
As a business owner, you are likely aware that the Americans with Disabilities Act (ADA) is a federal law mandating inclusion for people with disabilities in all areas of public life. Did you know, however, that these protections also extend to websites? The number of website accessibility lawsuits has steadily risen — from 2,314 in 2018 to 4,061 in 2022.

But don’t worry. We’ve got you covered! In this guide, we’ll take a look at what you need to know as an online business owner about the ADA and its implications for your website, including:
What is the ADA?

The ADA, or the Americans with Disabilities Act, is a federal law that prohibits discrimination against people with disabilities in all areas of public life. The primary goal of this law is to ensure that people with disabilities have the same rights and opportunities as everyone else.

The ADA draws on the precedent set by Section 504 of the Rehabilitation Act, which guarantees certain rights to people with disabilities. However, the Rehabilitation Act was very limiting, only applying to the government sector (later amended and updated by Section 508).

What Does the ADA Cover?

ADA is a very broad piece of legislation that is divided into five titles. The part of the ADA that affects the way that businesses serve customers and employees is called “Title III.”

Title III of the ADA, which affects how businesses serve customers and employees, prohibits discrimination in “places of public accommodation.” These “public accommodations” refer to privately owned entities such as restaurants, schools, recreation facilities, and retail stores.

The ADA necessitates two main things:
1. Employers must provide necessary accommodations for employees with disabilities to perform their job duties, which may involve accessible restrooms and appropriate office equipment.
2. Businesses must ensure that their services are accessible to customers with disabilities. This requires features such as wheelchair ramps for building entrances, American Sign Language (ASL) interpretations, and accommodations for service animals.
Who Has To Be ADA Compliant?

There’s a common misconception that ADA only applies to large corporations or physical brick-and-mortar stores. Any business with 15 or more employees or any that operates publicly must comply with the ADA. However, this rule does not apply to websites—businesses of all sizes may be served with ADA non-compliance litigation.

That means that ADA affects:
- Places of entertainment such as theaters and concert halls
- Restaurants
- Retail stores
- Doctors’ offices
- State and local government offices, employment agencies, and labor unions
- Schools and daycare facilities
Is ADA Compliance Mandatory for Websites?

While it was clear from the beginning that the ADA would affect brick-and-mortar stores, it was less obvious if it would cover websites and online applications. As the internet and websites started to play a bigger role in how consumers interact with businesses, the way the ADA is applied to web accessibility had to change.

In 2010, the Department of Justice (DOJ) began rulemaking activity to assert that all business websites are “places of public accommodation” under Title III of the ADA. The final Notice of Proposed Rulemaking, however, has been postponed by the DOJ multiple times.

It wasn’t until late 2021 and early 2022 that the DOJ entered into multiple settlement agreements concerning the accessibility of websites used for COVID-19 vaccines. These emphasized that the DOJ “…has consistently maintained that the ADA’s requirements apply to all goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”

Today, US courts apply ADA accessibility requirements to all online domains, including websites and other web-based applications. Consequently, businesses should strive to comply with ADA rules.

How Does the ADA Assess Web Accessibility?

Due to the DOJ’s delay in releasing technical standards for web accessibility, confusion has emerged among businesses and website owners about what is required for ADA compliance. As a result, the DOJ often refers to the Web Content Accessibility Guidelines (WCAG), developed by the World Wide Web Consortium (W3C), as the standard for ADA web compliance.

WCAG 2.1 Level AA has become the benchmark for ADA web compliance, even referenced in many joint lawsuits with the DOJ. However, it is important to note that there is no legal standard— even achieving WCAG 2.1 AA conformance does not fully protect you from lawsuits.

WCAG 2.1 consists of 78 success criteria written as pass-or-fail statements that address common accessibility issues, such as miss or non-descriptive alternative text and keyboard navigation.

The Rise of ADA Web Compliance Lawsuits

An ADA web accessibility lawsuit can be filed by anyone who feels they have been discriminated against due to a website’s inaccessibility.

The ADA’s relevance to websites and online applications is more than just theoretical. Since 2017, ADA Title III related lawsuits have skyrocketed, with 2,314 lawsuits filed in 2018 and over 4,061 cases in 2022. Overall, web accessibility lawsuits have increased by 175% over the past five years. Furthermore, these figures don’t include the rising number of ADA legal complaints and ADA compliance demand letters sent to businesses with non-accessible websites.

In 2022, 1,500 demand letters were sent per week. This represents a steep incline in legal actions pursued following the notice of non-accessible websites on the internet.

As an online business or website owner, it’s critical to ensure your website is accessible to everyone, regardless of their disability. Doing so not only helps avoid legal action but also broadens your audience.

What Are the Most Common Accessibility Issues Cited In Legal Claims?

Most ADA website compliance lawsuits center around a few recurring issues, including:
1. Missing Image Descriptions or Alt Text: Images should have descriptive alt text that provides context or meaning for those who can’t see them.
2. Empty Links and Buttons: All links and buttons should have descriptive labels or text to inform users about their purpose.
3. Info and Content Structure: Information should be organized logically, and the content structure should be easily navigable by assistive technologies.
Why You Need to Take ADA Web Compliance Lawsuits Seriously

Web accessibility cases against large companies like Domino’s, Netflix, and H&R Block made headlines. However, most lawsuits are against small to medium-sized businesses. In 2022, 72% of ADA non-compliance lawsuits involved companies with less than $50 million in annual revenue.

These lawsuits can lead to stiff penalties. For example, businesses that violate Title III of the ADA may face a maximum civil penalty of $75,000 for a first violation. Subsequent violations have been seen with up to a $150,000 fine. Since the court would inevitably favor the plaintiff, small business owners often feel they have no choice but to settle out of court. But even the average ADA website lawsuit settlement still comes to $35,000.

The implications are clear: a non-accessible website is a significant liability for any company operating on the web today.

Find Out If Your Website is ADA Compliant

As a website owner, you must ensure your site is accessible to all, including those with disabilities. Understanding ADA Title III is a crucial step toward achieving this goal. Although the process may seem daunting, it’s a worthy investment that helps you avoid legal complications and improves your website’s usability and reach. So, why not start reviewing your website’s accessibility today?

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

June 15, 2023

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

Accessibility, ADA Compliance, ADA non-compliance, ADA Website Compliance, Website Accessibility, Website Accessibility Tools
Mitigating ADA Lawsuit Risk: Affordable Solutions for Online Businesses
Are you worried about your ADA compliance as an online business owner or website manager? If so, you may be aware that many companies have faced lawsuits due to non-compliance with the Americans with Disabilities Act (ADA). These guidelines protect people with disabilities and provide barrier-free access to web content. Failing to comply with these guidelines could lead to costly legal battles. However, achieving full ADA compliance might appear daunting and costly.

The good news is that there are several steps you can take to mitigate the risk of an ADA lawsuit without breaking the bank. In this blog, we will discuss practical and budget-friendly solutions to enhance your website’s accessibility.

The Americans with Disabilities Act

The Americans with Disabilities Act is a civil law that protects the rights of people with disabilities in all areas of public life. While the ADA does not explicitly mention online content, the courts have clarified that the law does apply to websites, specifically Title III. Title III of the ADA prohibits the discrimination of those with disabilities in places of public accommodation.

In fact, in 2010, the Department of Justice (DOJ) stated that websites are public places subject to the ADA’s requirements. Unfortunately, this ruling has exposed millions of online businesses to the risk of a frivolous ADA lawsuit.

What is an ADA Web Accessibility Lawsuit?

An ADA Web Accessibility Lawsuit can be filed by anyone who feels that they have been discriminated against due to the inaccessibility of a website. The consequences of such a lawsuit can be severe, including hefty fines, legal fees, and damage to the business’s reputation.

In recent years, there has been an increase in lawsuits filed against website owners for failing to comply with ADA. In 2022, 2,387 web accessibility lawsuits were filed in Federal and California State Courts under the Unruh Act. However, 97% of demand letters are settled and never evolve into a case. This means plaintiffs sent more than 1,500 demand letters per week in 2022.

As an online business or website owner, it is essential to ensure your website is accessible to everyone, regardless of their disability. By doing so, you can not only avoid legal action but also open yourself up to a wider audience and improve the overall user experience for your customers.

How to Mitigate the Risk of a Website Accessibility Lawsuit

The best way to avoid an ADA lawsuit is to ensure your website is accessible to all users, including those with disabilities. You may not have the time or money to make your site fully compliant, but fear not! There are steps you can take to make your website more accessible:

Conduct a Self-Evaluation

The first step is understanding your website’s current level of accessibility. Conduct a self-evaluation of your website to identify areas where it may not comply with the ADA. This can involve using automated testing tools or manual testing with assistive technologies such as screen readers.

Many free tools are available online to help with this process, such as WAVE (Web Accessibility Evaluation Tool) and Google Lighthouse. These tools will generate reports highlighting areas of your website that need improvement, making it easier to prioritize the most critical issues.

Prioritize High-Impact Issues

Not all accessibility issues carry equal weight. To make the most of your limited time and resources, focus on the high-impact issues that will benefit the most users. These may include:
- Ensuring your website is keyboard-accessible
- Providing alternative text descriptions for images
- Offering clear and concise labels for forms and buttons
- Navigational menus and links
Addressing these areas will significantly improve the user experience for those with disabilities, reducing the likelihood of complaints and lawsuits.

Develop a Plan

Now that you’ve identified and prioritized your website’s accessibility barriers, develop a plan to address them. Break your plan into manageable steps, set realistic deadlines, and allocate resources accordingly. While it might not be possible to address all issues immediately, demonstrating a commitment to improving accessibility can help mitigate legal risks.

Add an Accessibility Statement and Contact Information

Include an accessibility statement to demonstrate your commitment to web accessibility. This can be an essential part of your defense in an ADA lawsuit. Your statement should include information about your commitment to accessibility, steps taken to improve accessibility, and how users can report issues or request accommodations.

Make sure your contact information is easily accessible on your website, allowing users with disabilities to reach out to you with concerns or suggestions.

Be Responsive to Complaints

Addressing accessibility complaints promptly and effectively can demonstrate your commitment to making your website more accessible. If a user reports an issue, take the time to understand their concerns and work to resolve the problem as quickly as possible. In addition, documenting your responsiveness to complaints can be invaluable in case of a legal challenge.

Keep an Eye on Updates

Web accessibility standards and best practices are constantly evolving. Stay informed about updates to the Web Content Accessibility Guidelines (WCAG) and other relevant resources, such as the ADA‘s website. Regularly reevaluate your website to ensure that it remains compliant with current standards.

Get an ADA Lawsuit Risk Audit

Finally, consider investing in a professional ADA lawsuit risk audit. While it may be an additional expense, a professional audit can provide valuable insights into your website’s accessibility status and potential legal risks. An audit can help identify areas that need improvement and provide guidance on how to address them.

Prevent an ADA Website Lawsuit

Achieving full ADA compliance can be challenging, especially for small businesses with limited time and resources. However, it’s essential to keep in mind that, even if you take these steps, it is still possible to be sued for having a website that is not fully compliant with the ADA. But, by taking these steps, you can demonstrate that you are taking the matter seriously and making a good-faith effort to comply with the law. Remember, the key is to be proactive, prioritize high-impact issues, and demonstrate a commitment to accessibility. By doing so, you’ll protect your business from legal exposure and create a more inclusive online experience for all users.

216digital Specializes in Web Accessibility

If you would like to learn more about your risk of an ADA lawsuit and the steps you can take to protect your website against frivolous ADA lawsuits, schedule a complementary ADA Strategy Briefing with 216digital.

216digital’s can let you know whether your website is at risk of an ADA lawsuit and provide professional services dedicated to ensuring your website stays off of the radar of predatory law firms so you can continue focusing on what matters most, running your business.
Greg McNeil

April 28, 2023

216digital, ADA Web Accessibility

Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Web Accessibility, ADA Website Compliance, Website Accessibility
5 Types of Assistive Technology Tools
The Internet is an essential resource for people worldwide. It provides access to information, entertainment, and services that make daily life easier. However, for people with disabilities, navigating the web can be a daunting task. That’s where assistive technology comes in. They help to bridge the gap and make the web more accessible for everyone.

So, what does your online business need to know about assistive technologies, and how can you make sure your website is compatible? In this post, we’ll break down the following:
- What Is Assistive Technology?
- What are 5 Types of Assistive Technology Tools?
- How Can I Make My Website Accessible?
What Is Assistive Technology?

Assistive technology(AT) is any tool or device that helps individuals with disabilities to access, navigate, and interact with web content. These tools can be hardware or software solutions that make it easier for people with various impairments to access and use websites and other digital resources. For example, a switch device using blinking or tapping can replace the need for a keyboard or mouse.

Typically, four main types of disabilities need to be considered.
- Visual: People who are blind, have low vision, or are color blind.
- Auditory: People who are hard of hearing or deaf.
- Motor: People who have limited fine motor control, muscle slowness, or tremors and spasms
- Cognitive: Cognitive disabilities hinder the behavior and intellectual development of a person. This includes a broad range of disabilities, from mental illnesses to learning disabilities or old age.
Different types of ATs are built to help each of these groups access web content. These tools are designed to bridge the gap between the users’ abilities and the demands of websites, making the web more accessible and inclusive.

What are 5 Types of Assistive Technology Tools?

With so many different types of assistive technology, it can be challenging to know where to start. So here are five of the most common types and how they help support people with disabilities browse the web:

1. Screen Magnification Software

Did you know that over 200 million people worldwide have a visual impairment that makes it difficult to read standard-sized text on a screen? Users with low vision often rely on magnification tools, such as screen magnifiers or browser zoom features, to make content legible or to reduce eye strain.

Most web browsers can “zoom in” on content, but screen magnification software works differently. Tools like MAGic, Windows Magnifier, and Apple’s Zoom magnify a part of the screen at a time, preserving the web page’s layout.

However, many users prefer to use the zoom function on their browsers. So don’t assume anyone with a visual impairment will only use screen magnification software when accessing your website.

The Web Content Accessibility Guidelines (WCAG) are a set of intentionally shared standards for website accessibility. For example, WCAG’s “Resize Text” guideline requires content to be zoomed in at least 200% before losing content or functionality.

2. Screen Readers

Screen readers are essential for users who are blind or have severe visual impairments. These software programs convert on-screen text into spoken words or braille output. As a result, users can navigate and interact with your website using only auditory feedback.

Popular screen readers include JAWS (Job Access With Speech), NVDA (NonVisual Desktop Access), and VoiceOver (for Apple devices). Each screen reader has its capabilities and limitations for carrying out tasks. However, screen readers only work if websites are compliant.

Here are a few examples of WCAG guidelines that are essential for screen readers:
- Providing all non-text content (images, form fields, video, audio, etc.) with alternative text descriptions. For example, images should have a text description that explains the image’s purpose on the page.
- Websites should use clear, descriptive headings and labels.
- Websites can be navigated with a keyboard or an alternate keyboard only.
3. Voice Recognition

One of the growing advances in AT is voice recognition. Voice recognition technology lets users control their browsers, dictate text, and interact with websites using only their voices. By enabling voice commands, users can navigate, click on links, fill out forms, and perform other tasks without using their hands.

Users should be able to use common commands such as “go to the homepage” to operate websites in predictable ways. However, web content must be designed and coded for users to use voice recognition tools.

Here are a few WCAG guidelines that can help improve the browsing experience for speech recognition users:
- Provide users with a clear visual indicator of which element is the current focus. Without focus indicators, users might not know what they’re controlling.
- Use labels and identifiers for interactive elements. Each element’s programmatic label should match its visual presentation. For instance, if a user sees a “submit” button on a page form, they should be able to say “submit” to activate the control and complete the form.
- Remove any keyboard traps that would prevent users from navigating your site after focusing on a certain element.
4. Switch Devices

A switch device is a specialized input tool that replaces the need for a keyboard or mouse. It is used by people with physical disabilities or fine motor impairments to access and control computers, smartphones, and other communication devices.

However, switch devices vary based on the user’s mobility, preferences, and settings. This can include pressing a button, blowing into a tube, or even moving an eyebrow. For example, users can press a large, round button with their hand, foot, or whatever is most comfortable. Then, on the screen, a focus indicator will automatically cycle through different elements on the site, and the user can click to activate the switch.

Like voice recognition AT, switch devices require similar WCAG standards to be implemented on a website for users to engage in the content.

5. Closed Captioning Services

Most of us are more familiar with closed captions, from streaming services and YouTube to video calls with Zoom. However, although it’s one of the more popular ATs, it is often overlooked.

Closed captioning services provide on-screen text corresponding to video and multimedia presentations’ audio content. By providing accurate and synchronized text captions for your multimedia content, you’re allowing users who are deaf or hard of hearing to understand and engage with your website. For this reason, WCAG requires all pre-recorded audio content to be clearly labeled, except for media with an alternative text option.

However, while automatic caption tools are available, they are far from perfect. For instance, we have all watched a YouTube video where captions do not always align with the speaker’s words. If it was not for our ability to hear, the message’s meaning would be different based on what the auto caption filled in. Therefore, it is highly recommended to use closed captioning services that employ human transcribers to make captions and transcripts more accurate.

How Can I Make My Website More Accessible?

With so many different types of AT available, it can be hard to know where to start. But regardless of where you are on your accessibility 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. Providing an accessible browsing experience to all your users, including those with disabilities.

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

April 28, 2023

216digital, ADA Web Accessibility, Uncategorized

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
What to Expect from WCAG 2.2
Are you an online business or website owner? If so, you must be aware of the critical changes in the Web Content Accessibility Guidelines (WCAG) 2.2! The World Wide Web Consortium (W3C) is expected to release the latest version of WCAG in May 2023. So stay ahead of the curve and ensure your website remains accessible to all users, including those with disabilities. Here’s what you need to know about the proposed changes — and how they will affect your current WCAG compliance. And remember, when WCAG 2.2 goes live, 216digital will be here to help.

Why is WCAG Changing?

WCAG is a set of guidelines designed to help make web content more accessible to people with disabilities. However, as technology and user preferences change, so must WCAG’s standards. Each new standard introduced is developed by the Web Accessibility Initiative (WAI). In 2021, WAI announced they were starting to work on the draft for WCAG 2.2, which is finally expected to be released sometime next month.

WCAG can be changed to add new success criteria or to change a current guideline’s conformance level. But, it will not remove any guidelines or change any language. Currently, WCAG 2.2 is based on the same three conformance levels as the previous versions: Level A, AA, and AAA.

Level A

Level A is the lowest level of conformance and the easiest to achieve with minimal impact on a website’s structure or design. It allows websites to be broadly accessible as it addresses the most basic access issues.

Level AA

By meeting the success criteria for Level AA, websites are considered reasonably accessible as they offer a higher level of conformity than Level A. AA is most often used as the compliance standard in lawsuits and is usable for most people.

Level AAA

Level AAA is the highest level of conformance and the most difficult to achieve. It is not often used as a goal to strive toward since it is not feasible for most websites to have the resources to meet this level.

What’s Changing In WCAG 2.2?

WCAG 2.2 introduces nine new success criteria along with minor changes to the instructions accompanying several established guidelines. However, each of these criteria is still up for feedback and changes, so there’s no guarantee that all of them will make it into the final version of WCAG 2.2.

Here’s a quick overview of the new guidelines — and how each one can help address web accessibility issues:

Guideline 2.4 Navigable

2.4.11 Focus Appearance (Minimum)

Level AA

Focus Appearance builds on two existing WCAG criteria, specifying the minimum requirements for focus indicators. The new guideline ensures that keyboard focus indicators are visible and easily distinguishable. They must have a clear border, are not obscured by other content, and have at least a color contrast ratio of 3:1 against the unfocused state and all adjacent colors.

The intent of WCAG 2.4.11 is to help low-vision users who use a keyboard for navigation. Users can quickly tell where they are on a page by ensuring the current focus point is visible.

2.4.12 Focus Not Obscured (Minimum)

Level AA

Knowing the current focus point is essential for sighted users who use a keyboard or keyboard-like device. However, sticky headers, pop-ups, and other content can sometimes obscure focused elements while a user is browsing.

However, Criterion 2.4.12 requires user interface components not to be entirely hidden from other content on the page. This lets users easily track the current focus point and avoid confusion.

2.4.13 Focus Not Obscured (Enhanced)

Level AAA

Similar to 2.4.12, 2.4.13 requires that no part of the focus indicator is hidden by other content.

Guideline 2.5 Input Modalities

2.5.7 Dragging Movements

Level AA

Drag and drop movements can be difficult and error-prone for many website users. Therefore, WCAG 2.5.7 requires that any functionality that uses a dragging movement for operation can also be achieved in other ways, like clicking. For example, a user could use a single tap, double tap, long presses, or path-based gestures instead of dragging an item. However, a dragging action is allowed when it is essential to the functionality of the content.

2.5.8 Target Size (Minimum)

Level AA

When buttons and other clickable elements are small, they can be challenging to interact with for people with fine motor impairments. The purpose of 2.5.8 is to ensure that when users select a target with a mouse or other device, they can do so easily without activating other nearby targets. Therefore, all clickable elements, such as links, must be at least 24 by 24 CSS pixels in size and spacing between adjacent targets.

2.5.8 provides a level AA alternative to 2.5.5: Target Size (Enhanced), which was introduced as part of WCAG 2.1. However, 2.5.5 requires the target size for all clickable elements to be at least 44 by 44 CSS pixels.

Guideline 3.2 Predictable

3.2.6: Consistent Help

Level A

The goal of 3.2.6 is to ensure that all users can easily find help when completing tasks on a web page. For example, suppose a help feature — such as search bars and help buttons — is available on multiple pages of a website. In that case, it must appear in the same relative place an order on each of the pages where it appears. This is particularly beneficial for users with cognitive disabilities or limited web experience, as they can quickly access help when needed.

Guideline 3.3 Input Assistance

3.3.7 Redundant Entry

Level A

For people with cognitive disabilities, logging into a website or mobile app can be challenging. The 3.3.7 level AA guideline tackles authentication processes that require the user to remember, manipulate, or transcribe information. Websites that use cognitive function tests must provide at least one other authentication method.

For instance, asking users to remember a password is a standard cognitive function test. But suppose the website allows entries from password manager browser extensions. In that case, the website has provided them with a mechanism to complete the process.

3.3.8 Accessible Authentication (Minimum)

Level AA

3.3.8 takes 3.37 further by not allowing any exceptions for cognitive function tests. For multi-step processes, 3.3.8 requires websites to auto-populate fields or enable users to select the information that they’ve previously entered. For example, suppose a website’s form requires the user to enter their address multiple times. In that case, the second field should either provide users with an option to select their address from the previous entry or auto-populate.

3.3.9: Redundant Entry ( Enhanced)

Level AAA

Similar to 3.3.7 and 3.3.8, 3.3.9 applies to the authentication process. However, 3.3.9 is a Level AAA guideline that does not require an authentication process unless that step provides an alternative authentication process or auto-populate.

Getting Ready for WCAG 2.2

While the full implementation of WCAG 2.2 may still be on the horizon, it’s never too early to start preparing. Here are some steps you can take to ensure a smooth transition:
1. Familiarize yourself with the new success criteria and understand their implications for your website.
2. Conduct an accessibility audit to identify areas that need improvement and align with WCAG 2.2 requirements.
3. Update your website’s design, content, and functionality to address the new criteria and improve accessibility.
4. Train your team on the importance of web accessibility and the new guidelines to ensure consistent implementation.
How Will the Revisions Affect My Current WCAG Compliance?

The transition from WCAG 2.1 to 2.2 will require some adjustments to your website, particularly in the areas of navigability, input modalities, predictability, and input assistance. However, these updates are designed to build upon the existing guidelines, so your current efforts will not be wasted. By proactively addressing these changes, you’ll ensure that your website remains compliant and accessible to all users.

When WCAG 2.2 Goes Live, We’ll Be Here to Help

When WCAG 2.2 goes live, you can count on 216digital to help you navigate the changes and maintain an accessible website. Our expert team will assess your website, provide recommendations, and implement the necessary adjustments to ensure your website meets the latest accessibility standards. Reach out to us today by scheduling a complementary ADA Strategy Briefing so that you can embrace the future of web accessibility with confidence.
Greg McNeil

April 28, 2023

216digital, ADA Compliance, ADA Web Accessibility, Uncategorized

Accessibility, ADA Compliance, ADA Website Compliance, WCAG, WCAG 2.2, Website Accessibility
Facing an ADA Web Accessibility Lawsuit? Here’s What You Should Do

As an online business owner, the last thing you want is a lawsuit on your hands. Of course, you may have heard about the Americans with Disabilities Act (ADA) and how it affects your website. But what happens if you’re faced with an ADA web accessibility lawsuit? Don’t worry, we’ve got you covered! This article will guide you through the process, covering everything from consulting your attorney to negotiating a settlement.

What is an ADA Web Accessibility Lawsuit?

A web accessibility lawsuit is a legal action taken against a website owner for violating the ADA due to a lack of accessibility on a website. The ADA is a civil law that protects the rights of people with disabilities in all areas of public life.

While ADA law does not explicitly mention digital content, the courts have interpreted the law to also apply to websites — specifically, Title III. Title III prohibits the discrimination of those with disabilities in places of public accommodation. In 2010, the Department of Justice (DOJ) stated that websites are public places and are subject to the ADA’s requirements.

In recent years, there has been an increase in lawsuits filed against website owners for failing to comply with the ADA. In 2022, there were 2,387 web accessibility lawsuits filed in Federal and California State Courts under the Unruh Act. However, each year there are an untold number of demand letters issued by law firms threatening legal action. It is estimated the number of ADA lawsuits filed each year is only a small fraction of the demand letters sent.

So, what should you do if you receive a demand letter?

Do Not Ignore the Demand Letter

If you receive a demand letter regarding your website’s accessibility, it’s crucial not to ignore it. This letter is often the first step in an ADA lawsuit and gives you a chance to address the issue before things escalate.

Ignoring the letter could result in a lawsuit, potential fines, and damage to your business’s reputation. Instead, take this opportunity to address the issues mentioned in the letter and avoid further legal complications.

But what if it’s too late, and you have already received an ADA web accessibility lawsuit? How should you respond?

How to Respond to an ADA Website Lawsuit

Suppose you find yourself facing an ADA web accessibility lawsuit. In that case, it’s crucial to understand the steps you should take to protect your business and resolve the issue.

1. Consult an Attorney

If you receive a complaint alleging that your website does not comply with ADA web accessibility guidelines, the first thing you should do is consult an attorney. Find a lawyer experienced in ADA compliance to help you understand the lawsuit and determine the best course of action. Your attorney will review the complaint, determine its validity, and advise you on the necessary steps to address the issues raised.

2. Review and Answer the Complaint

After consulting with your attorney, you will need to review the complaint thoroughly. This includes understanding the specific accessibility barriers the plaintiff claims to have encountered on your website. Then, work with your attorney to craft a response to the complaint. Address each of the allegations in the complaint and provide any necessary evidence to support your case. It’s essential to respond promptly and professionally. Any delays or lack of cooperation may negatively impact your case.

3. Get a Website Audit

Now that you know what the issues are in the complaint, you need to determine if your website is truly non-compliant. The best way to do this is by getting a website audit. A web accessibility expert will evaluate your website, identify any issues, and provide recommendations on how to make it ADA-compliant.

4. Remediate the Website

Once you have identified the issues with your website, it’s time to remediate them. This means updating your website to meet the Web Content Accessibility Guidelines (WCAG) and addressing specific issues in the lawsuit. It’s crucial to work closely with your web developer and accessibility consultant to ensure all the changes are implemented correctly. Keep in mind that making your website accessible is an ongoing process. It’s essential to monitor and maintain your accessibility over time.

5. Communicate with the Plaintiff

Throughout this process, maintain open communication with the plaintiff. Keeping the lines of communication open will demonstrate your commitment to resolving the issue and may lead to a more favorable outcome. Be transparent about the steps you’re taking to make your website accessible. This can help establish goodwill and demonstrate your commitment to resolving the issue. In some cases, proactive communication may lead to a quicker and more favorable resolution.

6. Negotiate a Settlement

If appropriate, negotiate a settlement with the plaintiff to resolve the lawsuit. Work with your attorney to negotiate a fair and reasonable settlement that both parties find acceptable. This may include monetary compensation for the plaintiff, a commitment to make your website accessible, and an agreement to cover the plaintiff’s attorney’s fees.

Don’t Wait to Get Sued: Prevent an ADA Website Lawsuit

It’s important to note that it is always better to proactively make your website accessible to individuals with disabilities in order to avoid getting sued in the first place. If a lawsuit has already been filed, it’s essential to work quickly to come into compliance and to demonstrate a good faith effort to resolve the issue.

It’s also important to keep in mind that even if you make your website compliant, it doesn’t mean that you are protected from any future lawsuits, as the standards are constantly evolving, so it’s crucial to keep your website updated and accessible for all users.

Worried About a Web Accessibility Lawsuit

Developed from our experience completing over 300 ADA remediation projects, 216digital’s Phase I ADA Remediation is custom developed to chart the steps you can take to quickly put your company in a position of strength to settle your ADA lawsuit. Each Phase I ADA remediation project is custom developed incorporating ADA Phase I remediation plan, timeline, staff training, and ongoing monitoring services. To learn more about engaging the ADA experts from 216digital to develop and lead a Phase I remediation project as part of your ADA lawsuit defense strategy, schedule a complementary ADA Strategy Briefing.

Greg McNeil

April 10, 2023

ADA Web Accessibility

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
Do PDFs Need To Be Web Accessible?
PDFs have become a content staple for online businesses. From brochures and forms to e-books and reports, everyone uses PDFs, and with good reason. They’re compatible with most online content and are the ideal way to share and view information online.

But have you ever considered how accessible these documents are for disabled users? Despite their many advantages, PDFs often remain a closed book for people with disabilities.

Read on to learn what an accessible PDF is, how it will benefit your online business, and how to make your PDF files accessible to everyone.

The Popularity of PDF Documents

It’s not surprising that PDFs are used so much in the workplace. They are the perfect medium for presenting different types of information in a single document. Text, photos, charts, logos, and other items become fixed in a PDF, so the end-user can’t delete or reorder page elements.

PDFs also preserve the original formatting, fonts, and layout across different devices and operating systems. This ensures that your documents look the same to all users, regardless of their device.

Today, PDFs are the most widely used online document format. However, not all PDFs are made with accessibility in mind. While they may appear visually perfect, they can pose challenges for people with disabilities. But why are web-accessible PDFs important?

Why is PDF Accessibility Important?

While many businesses use PDFs for essential purposes, it’s important to remember that all online content must be fully accessible. Title III of the Americans with Disabilities Act (ADA) requires businesses open to the public to provide complete and equal access to people with disabilities. Moreover, the Department of Justice (DOJ) has continuously taken the position that the ADA does apply to all online content, including PDFs.

When authoring your online documents, you must avoid creating barriers for individuals with disabilities. For example, many PDFs need the appropriate tags to define their structure and non-text content. These issues can create barriers for people who use screen readers and other assistive technologies. In that case, you may expose yourself to legal implications and accessibility-related lawsuits. So don’t take the risk; ensure that your PDFs are accessible.

Aren’t all PDFs Web Accessible?

Contrary to popular belief, PDFs are not automatically web-accessible. While all PDFs are created using standard desktop publishing tools, they are not explicitly designed with accessibility in mind. As a result, many PDFs contain severe obstacles that can be difficult for users with disabilities to navigate or understand.

For example, suppose someone with low vision or who is legally blind uses a screen reader. In that case, they won’t be able to read a standard PDF if it lacks alternative text descriptions for images. This is because assistive technology tools like screen readers are not automatically compatible with PDFs.

In order to make PDFs truly accessible, additional efforts must be taken to address these concerns.

How are Accessible PDFs Different?

The fundamental difference between an accessible and inaccessible PDF file is that one can be accessed, viewed, and interacted with by everybody. For a PDF to be considered accessible, it must meet a set of accessibility guidelines:
1. Web Content Accessibility Guidelines (WCAG): WCAG is the set of guidelines created by the World Wide Web Consortium (W3C) to make web content more accessible to people with disabilities. They provide pass-or-fail success criteria with recommendations that can be applied to web-delivered documents.WCAG 2.1 is the current standard, including specific guidelines for PDF accessibility.
2. PDF/UA 1 (ISO 14289-1) This is an international standard for accessible PDFs, which provides detailed technical specifications for creating accessible documents.
What Are Tag Trees, and How Do They Help Make PDFs Web Accessible?

Tagged trees, or “tag trees,” are the main elements for making a PDF accessible. These tags tell assistive technologies how to read the PDF content and identify headings, paragraphs, sections, and tables.

They ensure that assistive tech tools move from section to section in the correct order without skipping non-text items like graphs or images. By doing so, tag trees can help convey information about the document’s layout, reading order, and organization to assistive technologies.

Tag trees help make a PDF accessible in several ways:
1. Reading Order: Properly tagged PDFs define the correct reading order for the content, ensuring that the text is presented in a logical sequence that makes sense to the user. This is especially important for screen reader users who rely on a linear reading experience.
2. Alternative Text: Tags can include alternative text descriptions for non-text elements, such as images or charts. This allows screen readers to convey the purpose or meaning of these elements to users who cannot see them.
3. Navigation: Proper tagging enables users to navigate between different sections or elements of the document easily. For example, the user wants to move from one heading to another or jump to a specific list or table, proper tagging makes this possible.
To make PDFs accessible, they must be appropriately tagged. This can be done using various tools and software, such as Adobe Acrobat Pro, which allows you to add, edit, or validate tags in a PDF. By making PDFs accessible through the use of tag trees, you help ensure that people with disabilities can access, navigate, and understand your documents more effectively.

How to Make Your PDF Accessible

PDFs can be made accessible if you structure and tag them correctly to meet accessibility standards. However, creating your document with accessibility in mind from the beginning is much easier than editing it once it has been made!

Here are some tips to make your PDFs more accessible:
- Add descriptive text for images, charts, and other non-text elements.
- Ensure that your document follows a clear hierarchy with headings, lists, and tables (i.e., H1, H2, H3)
- Choose fonts that are easy to read and ensure sufficient contrast between text and background colors.
- If interactive form fields need to be completed, ensure the user can enter values and move from one field to the next logically using the keyboard.
Some tools like Adobe Acrobat Pro and Acrobat DC add tags automatically with the “save as accessible PDF” function. However, they are not perfect. You’ll still need to check tags manually to ensure they match the content and are ADA-compliant.

How to Check PDFs for Web Accessibility

Every organization needs to consider accessibility from the first stages of document creation. PDFs are not only a legal requirement in many jurisdictions but also a smart business strategy. By making your PDFs accessible, you can reach a larger audience, improve your SEO, and demonstrate your commitment to inclusivity. Start implementing web accessibility into your PDF documents today by scheduling a complementary ADA Strategy Briefing with 216digital. Unlock the full potential of your online business.
Greg McNeil

April 10, 2023

ADA Web Accessibility

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility, Website Accessibility Tools
How Much Does Web Remediation Cost
For many businesses, one of the biggest barriers to web accessibility is the fear of how much it might cost. However, most people are a bit cloudy about what it does cost to make a website accessible. Or even the steps involved.

In this post, we suggest a framework to help you determine how much it will cost to make your website accessible with 216digital, and discuss the role of compliance in web accessibility.

Why Does Web Accessibility Matter?

Before we get into the basics of web remediation, it’s worth clarifying why it matters.

There are some clear ethical reasons to make sure everyone can access your website, regardless of their abilities. In the United States alone, up to 1 in 4 adults have a disability. If your site is not accessible, you may be turning away a large portion of the population.

There’s also an element of compliance and risk mitigation.

Title III of the Americans with Disabilities Act (ADA) prohibits private businesses and other places of public accommodation from discrimination based on disability. Moreover, the Department of Justice (DOJ) has continuously reiterated that the ADA does apply to websites.

If your website is not accessible, you may be exposing your business to the threat of legal action. In fact, more than 4,000 lawsuits were filed in the United States in 2022.

How Can I Make Sure My Website is ADA Compliant?

The ADA requires that businesses ensure equal access to their goods and services, including websites. One of the best ways to mitigate risk is to follow the latest Web Content Accessibility Guidelines (WCAG). WCAG is the set of guidelines created by the World Wide Web Consortium (W3C) to make web content more accessible to people with disabilities. By complying with these guidelines, you can ensure your website is accessible to all users.

For more information on WCAG, check out our post What are the Levels of WCAG Compliance.

Determining the Cost of Compliance for Your Website

Imagine asking a mechanic for a quote without specifying what’s wrong with the vehicle. You probably wouldn’t get the answers you’re looking for.

Web accessibility usually works the same way. However, the cost of web accessibility can vary depending on the size and complexity of your website, the level of compliance you need to achieve, and the resources you have available. Factors that influence cost include:
- The number of pages on your site
- The complexity of the site’s features, including forms, interactive elements, or plugins
- The number and complexity of accessibility barriers
- The approach to manual remediation
- The complexity of the website’s environment or platform
- If there is a pending lawsuit, the number of listed barriers in the complaint
Why Do You Want Your Website to Be Accessible?

If remediation has no one-size-fits-all price, how do you determine its cost? Start by figuring out why you want your website or online application to be accessible / ADA-compliant.

Do you want to prevent an ADA web accessibility lawsuit?

Have you received an ADA web accessibility lawsuit?

Do you want to be fully inclusive?

Are you looking for ongoing ADA monitoring?

While you might think the focus for each of these goals would all be WCAG 2.1 AA compliance, it’s not. Instead, over a five-year period, our team of ADA experts analyzed and dissected the process of how 48 law firms select and target websites for ADA lawsuits. The results were surprising as it has little to do with real-world accessibility. But, sadly, even achieving WCAG 2.1 compliance can’t guarantee you won’t get hit with an ADA lawsuit because of the way law firms target websites for ADA lawsuits.

That’s why at 216digital, we have developed different services based on your ADA business objectives to put you in a position of strength.

Do You Want to Prevent an ADA Web Accessibility Lawsuit?

Our ADA Quick Audit is a fast and simple way to measure your website’s visibility to ADA non-compliance lawsuits. Through our years of experience in the trenches analyzing and studying these cases, we were able to develop internal monitoring processes and tools to determine their targeting process in which many of the prolific ADA non-compliance lawsuit firms identify their targets. As a result, we realized that the vast majority of cases are based on the results of automated scanning tools, so we developed ADA Quick Audit as a way for business owners to get ahead of the game and dramatically reduce their risk.

Have You Received an ADA Web Accessibility Lawsuit?

Our Phase I ADA Remediation project plans are custom developed to chart the steps you can take to quickly put your company in a position of strength to settle your ADA lawsuit and add the safeguards to ensure you’ll never have to waste another minute of your time on a frivolous ADA lawsuit. Each Phase I ADA remediation project includes an ADA Phase I remediation plan, timeline, staff training, and ongoing monitoring services.

Do You Want to be Fully Inclusive?

For individuals with disabilities or impairments, navigating online is a personalized and delicate process, as should the auditing process. However, more than half the work contributes nothing to ADA risk mitigation. So, why let real-world compliance hijack your development backlog with all the competing website enhancements that could add value to your business?

Real-World Accessibility on Your Terms means developing a strategy to integrate WCAG 2.1 compliance into your development roadmap as part of the development process. Our Web Accessibility Professionals will evaluate and examine the accessibility level of your website’s UI, source code, usability, and design. Then they will implement solutions focused on three key areas:
- Screen reader and assistive technology compatibility
- Keyboard-only navigation, operation, and orientation
- UI and design
Are You Looking for an ADA Monitoring Service

You’ve devoted countless hours and resources to making your website accessible. However, achieving WCAG 2.1 compliance can’t guarantee you won’t get hit with an ADA lawsuit.

We have found the majority of our clients had the same question – how can we make sure this doesn’t happen again, and who do we reach out to if we need further WCAG 2.1 AA expertise?

Whether you’ve already been served with an ADA non-compliance lawsuit or want to prevent being targeted, Accessibility Radar is a hands-off way to ensure you stay out of the crosshairs.

a11y.Radar ADA monitoring service reports on your ongoing accessibility efforts, whether conducted by your internal digital teams or an outside web agency. Access enhanced dashboards and receive updates to content, code, and user experience that could pose potential blocks to users or threaten your accessibility standards.

As a business owner, you have enough to worry about. So leave it 216digital to ensure you remain compliant.

Why Partner with 216digital?

Most web accessibility remediation agencies go straight for WCAG 2.1 AA compliance. Often, delivering automated audits identify accessibility barriers with little to no help in fixing them or maintaining your accessibility.

216digital intentionally focuses on identifying and remediating just the barriers that got you sued in the first place, putting you in a position of strength to settle your case sooner and prevent copycat lawsuits. 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 complimentary 15-minute ADA Strategy Briefing with our experts.
Greg McNeil

April 10, 2023

ADA Web Accessibility

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
What’s the Difference Between Usability and Accessibility?
Imagine surfing the internet and being unable to read the text due to size. Or not being able to enjoy video content because it has low volume and lacks closed captions. That’s where web usability and accessibility come into play. These two concepts might seem the same at first, but usable content isn’t always accessible. So, what exactly do these terms mean, and how do they affect your online experience?

In this post, we’ll explore the differences between web usability and accessibility and how they work together to create an optimal user experience. Let’s look at each concept in more detail.

Understanding Usability

Website usability helps us understand the user’s needs. It applies a user-centric design process to make sure that websites are efficient, easy to use, and satisfy users. In other words, a website should be easy to navigate, have a clear layout, and include a responsive design.

For example, a website with excellent usability will make it simple for users to find information, complete tasks, and engage with the site’s content.

Some key principles of web usability include:
- Ease of learning: How easily can users accomplish basic tasks when encountering a website for the first time?
- Efficiency: Once users have learned the workings of a website, how quickly can they perform tasks?
- Recognition: When previous users return to a website, how easily can they remember what and how to do something?
- Errors: How often do users make errors, and how easily can they recover from them?
- Satisfaction: How pleasant is the website in terms of design and layout?
While usability is based on user experience, it doesn’t focus on users with disabilities. Web accessibility, on the other hand, does.

What is Web Accessibility?

Web accessibility is the practice of making websites usable by people with disabilities. It aims to remove barriers preventing these users from accessing, navigating, and interacting with the content. Allowing them to perceive, understand, navigate, and interact with websites and tools equally.

Some key principles of web accessibility include:
- Providing all non-text content (images, form fields, video, audio, etc.) with a text alternative that serves the equivalent purpose
- Making sure everything on the website can be done through keyboard navigation
- Using webpage titles that describe each page’s topic or purpose.
- Ensure the site’s navigational elements are consistent and predictable across every page.
- Allowing users with visual impairments to adjust the text size and contrast on a website.
Web Accessibility is a Part of Usability

While web accessibility focuses on ensuring that people with disabilities can use websites, web usability is about making a website easy to use for everyone. Although these concepts have different goals, they do share some similarities. For instance, both require clear navigation, readable text, and a logical structure.

However, it’s important to remember that a usable site and an accessible site are not always the same, and vice versa. For example, a website can be usable if it works well for everyone. Still, it could be inaccessible if it creates barriers for those with disabilities. On the other hand, a website can be accessible but not usable if it is designed for people with disabilities but lacks user-friendly features.

The goal is to create a website or tool that is both web accessible and usable, benefiting the widest range of users possible.

Web Accessible Design

There are guidelines and techniques for web accessibility. The Web Content Accessibility Guidelines (WCAG) is a set of recommendations created by the World Wide Web Consortium (W3C) to ensure web accessibility. These guidelines are organized under four main principles: perceivable, operable, understandable, and robust (POUR).

However, designers, developers, and business owners often only approach web accessibility as a checklist of standards to meet. As a result, the user’s interaction is often lost, and accessibility is not achieved.

Only by combining the accessibility standards and usability process can we make sure a website is technically and functionally usable by people with disabilities. This process is often referred to as usable accessibility or accessible user experience.

Testing for Web Accessibility and Usability

Testing is an essential step in making sure that your website is accessible and usable. For web accessibility, you can use automated testing tools like Lighthouse, WAVE, and Firefox Inspector. Automated audits scan your website for accessibility barriers, such as missing alt text, improper header structures, and broken links. These tools provide quick insights into potential problems, such as missing alt text, improper heading structures, and broken links. However, automated testing is not enough.

For web usability, it’s helpful to conduct a manual audit. Manual reviews are more thorough, providing a more accurate assessment of how people with disabilities experience and engage your website. A web accessibility expert assesses your website using tools and human judgment. This includes screen readers, keyboard navigation, and magnifiers.

Web Accessibility and Usability

Web accessibility and web usability are two different yet interconnected concepts that help create a better online experience for all users. By understanding and implementing both, you can create a website that is inclusive, user-friendly, and compliant with accessibility standards.

As you become aware of the importance of web accessibility and its impact on your users, it is important to know you are not alone. 216digital is here to help regardless of where you are in your web accessibility journey. Schedule a complementary ADA Strategy Briefing today to find out how we can help.
Greg McNeil

April 10, 2023

ADA Web Accessibility

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
What is a Web Accessibility Audit and Why It Matters
Have you ever thought about how easy it is for you to navigate the internet and access information? For some people, it isn’t as simple. Web accessibility is all about making the internet more inclusive so everyone, including those with disabilities, can use it without any barriers. One way to ensure web accessibility is through a web accessibility audit. But what is it, and why does it matter? Let’s dive in and explore!

What is a Web Accessibility Audit?

The Web Content Accessibility Guidelines (WCAG) are a set of intentionally shared standards. Those standards define how to make web content more accessible for all users — including people with disabilities.

A web accessibility audit is a series of tests using WCAG’s success criteria, which are written as pass-or-fail statements. These audits identify potential barriers on your website that need improvement, ensuring compliance with the WCAG and enhancing the overall user experience.

To make your website accessible for all users, you should regularly audit your online content using the latest version of WCAG (WCAG 2.1 as of August 2022, with WCAG 2.2 expected for release in April 2023).

Why Are Web Accessibility Audits Important?

The real question is: why commit to removing barriers from your website?

It’s not just good business to make your website accessible to all users. In the United States alone, up to 1 in 4 adults have a disability. If your site is not accessible, you may be turning away a large portion of the population.

There are also legal risks to having inaccessible content on your site. Many countries have laws requiring websites to be accessible, such as the Americans with Disabilities Act (ADA). Failing to comply could expose your business to the threat of legal action, including lawsuits and fines. For example, more than 4,000 ADA lawsuits were filed in the United States in 2022.

Many websites have accessibility issues that can make it difficult or impossible for people with disabilities to use them. That’s why web accessibility audits are so important. They provide a clear set of rules that you can use to evaluate your content.

What Is the Goal of a WCAG Audit?

For a successful audit, you’ll need to start with a clear goal. WCAG is organized into three levels of conformance:

WCAG Level A

WCAG Level A is the minimum level of conformance. Level A contains essential success criteria for removing serious accessibility barriers that affect a wide range of users. However, Level A issues do not impact the design or structure of the website. Failure to fulfill will result in an inaccessible website and will be impossible or exceedingly difficult for users with disabilities to use.

WCAG Level AA

WCAG Level AA conformance is a reasonable and achievable goal. It removes additional barriers and establishes a level of accessibility that works for most assistive technologies, such as screen readers. For this reason, the Department of Justice has referenced WCAG 2.1 Level AA standards in a number of settlements and court filings.

WCAG Level AAA

The most strict level of conformance, Level AAA contains additional success criteria to establish the highest possible level of accessibility. Unfortunately, it is also the most challenging level to achieve. While this level of compliance would be ideal, it is optional. W3 states they do not recommend or require Level AAA compliance for an entire website since it is impossible to achieve Level AAA for some content.

Key Considerations When Choosing a Web Accessibility Audit Tool

While dozens of resources are available for automated WCAG audits, they vary in features and capabilities. Some factors to consider when choosing an audit tool:
- Scope: Every page on your website must conform with WCAG, not just your homepage.
- Timeframe: To maintain compliance, you must test your website whenever content changes.
- Remediation Capabilities: Most audit tools will identify WCAG conformance issues but won’t fix them.
At 216digital, we believe that the best way to achieve and maintain an accessible website is a combination of automated tools and human testing.

What Does an Accessibility Audit Process Involve?

An automated web accessibility audit and a manual audit are two different methods of evaluating a website’s compliance with accessibility standards. Each method has its strengths and weaknesses, and they are often used together to provide a comprehensive accessibility evaluation.

Automated Tools

Automated audits, such as Lighthouse, WAVE, and Firefox Inspector, are used to scan your website for accessibility barriers. These tools provide quick insights into potential problems, such as missing alt text, improper heading structures, and broken links. The results from these tools come in the form of a report, which can be used as a starting point to improve accessibility.

While automated testing is a great starting point, it cannot identify all accessibility issues. Manual testing is necessary to ensure your website is genuinely accessible. For example, an automated test might not detect if the alternative text for an image is appropriate, while a manual test by an experienced evaluator can.

Manual Audit

Manual audits are more thorough and time-consuming, but they provide a more accurate assessment of website accessibility. A manual review involves a human evaluator assessing your website for accessibility issues that automated tools may not identify. It consists of testing a website using various assistive technologies, such as keyboard-only navigation, screen reader testing, and evaluating color contrast.

Can I Complete a Web Accessibility Audit Myself?

It may be tempting to do your own accessibility audit—especially when you hear about automated tools. However, the difference is all in the experience. Web accessibility experts can find issues that automation and untrained staff can’t, fix the errors, and identify false positives.

Manual and functional testing is an indispensable component of a complete, professional accessibility audit. If your audit skips these steps, you will leave your business exposed to the threat of legal action.

When Should I Start Testing for ADA Web Compliance?

It’s best to start testing for WCAG compliance as early as possible, ideally during the design and development stages of your website. This way, you can address any issues before they become more challenging and costly to fix. However, it’s never too late to begin the process. Even if your website is already live, you can still conduct an audit and make improvements.

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 an ADA Strategy Briefing.
Greg McNeil

April 10, 2023

ADA Web Accessibility
Who Enforces ADA Web Compliance
ADA web compliance is not optional. The Americans with Disabilities Act (ADA) is a law that prohibits discrimination against people with disabilities. The ADA covers many areas of life, including the internet. However, not all websites are ADA web compliant, and enforcing those laws can be difficult. But who enforces ADA web compliance, and what does this mean for businesses and organizations?

Below, we’ll take a closer look at enforcing ADA web compliance — and provide tips for making sure your online content is fully compliant.

What is ADA Web Compliance?

ADA web compliance refers to the adherence of websites to the Americans with Disabilities Act (ADA), a law enacted in 1990 to protect the rights of people with disabilities and requires that places of public accommodation provide equal access. In recent years, this has been extended to websites and digital content.

People with disabilities can use websites and applications when properly designed and coded. However, many have barriers that make it difficult or impossible for some people to use.

Some common ways to ensure ADA web compliance include:
- Including alternative text descriptions for images and multimedia content
- Incorporating captioning or transcripts for audio and video content
- Implementing a skip navigation link for keyboard navigation
Enforcing ADA Web Compliance

The Department of Justice (DOJ) is the federal agency enforcing the ADA. In 2010, the DOJ issued new regulations that established specific requirements for ADA web compliance. These regulations would provide specific technical standards for ADA web compliance.

However, in 2017 the DOJ put the final regulations on hold. This has created uncertainty and led to confusion among businesses and website owners about what is required to achieve ADA compliance. As a result, the DOJ has referred to the Web Content Accessibility Guidelines (WCAG) as the standard for ADA web compliance. WCAG was developed by the World Wide Web Consortium (W3C) to set internationally shared guidelines for web content accessibility. The DOJ has even joined lawsuits against businesses and organizations that have failed to meet the WCAG standards.

The Department of Justice Enforcing ADA Web Compliance

In recent years, the number of ADA web compliance lawsuits has skyrocketed. These lawsuits are filed under Title II, which applies to government websites, and Title III, which applies to private businesses and other places of public accommodation.

The DOJ has repeatedly reiterated that these laws also apply to websites. These investigations can lead to stiff penalties. For example, businesses that violate Title III of the ADA may face a maximum civil penalty of $75,000 for a first violation. Subsequent violations have a maximum fine of $150,000.

H&R Block ADA Lawsuit

In one such case, the DOJ filed a lawsuit against H&R Block, a tax preparation company, for failing to make their website ADA web compliant. As a result, H&R Block had to make its website accessible and pay $100,000 in damages to the individuals affected by their non-compliance. This case serves as a warning to website owners that the DOJ is serious about enforcing ADA web accessibility.

However, the DOJ usually only investigates ADA violation if it affects a large number of consumers, as a result, most cases are initiated through private litigation.

Who Can File a Web Accessibility Lawsuit?

Anyone with a disability who has been denied access to a website or digital platform due to inaccessibility can file a lawsuit against the business or organization that owns or operates the site. However, the law does not contain a list of qualifying disabilities.

To meet the ADA’s definition of disability, the plaintiff must meet one of the following descriptions:
- Mental or physical impairment limiting one or more major life activities.
- History or record of such an impairment
- Can be perceived by others as having an impairment.
If the lawsuit is successful, the plaintiff may recover legal expenses. Plaintiffs may also obtain federal court orders to stop ADA violations.

How Common Are ADA Lawsuits?

The number of ADA digital accessibility lawsuits has skyrocketed. In 2022, there were more than 4,000 web accessibility lawsuits filed in the United States under the Unruh Act.

Many of these lawsuits are filed by a small number of plaintiffs and law firms. For example, the top 10 plaintiff law firms account for 75% of all federally filed cases. However, most ADA compliance cases are settled before going to trial. As a result, businesses and organizations that prioritize web accessibility and take proactive steps to improve accessibility are much less likely to face legal action.

Make Sure Your Website is ADA Web Compliant

By conforming with the WCAG guidelines, businesses can limit their legal risk. However, it’s essential to understand that web accessibility has profound benefits apart from legal compliance.

Modern consumers value diversity, equity, and inclusion. As a result, accessible websites help to promote brand loyalty and customer retention. In addition, accessibility can help search engines crawl and index your site. This can help improve your search engine position and deliver a better experience for everyone.

You can embrace web accessibility by taking a few simple steps:
- Conduct an audit. Use a combination of manual and automated tests to find and remediate barriers.
- Train your team about the importance of ADA web compliance. Your team should be aware of basic WCAG guidelines to avoid unintentionally adding barriers with content updates to your website.
- Create a plan for maintaining ADA web compliance. Accessibility is an ongoing process. Work with an accessibility partner to adopt (and maintain) a best-practice approach.
Team up with 216digital for ADA Web Compliance

Whether you want to protect against a frivolous ADA accessibility lawsuit or become WCAG 2.1 AA compliant, we have you covered. Through years of analyzing ADA lawsuits, we have uncovered how law firms target websites for frivolous ADA lawsuits 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

April 10, 2023

ADA Web Accessibility
What You Need to Know About ADA Web Accessibility Lawsuits
In today’s digital age, having an accessible website is more important than ever. The Americans with Disabilities Act (ADA) requires businesses to provide equal access to goods and services, including online content. Failure to comply with these regulations can impact your brand and result in costly lawsuits.

Whether you’re just at the beginning of the research process and trying to determine your exposure to an ADA lawsuit, responding to a recently received demand letter, or actively defending yourself against an ADA web accessibility lawsuit, you will need to know what you’re up against. In this post, we’ll explore what ADA compliance means, examine some high-profile lawsuits, and provide tips on protecting your website from ADA compliance lawsuits.

What is ADA Compliance?

When talking about ADA website compliance lawsuits, it’s important to understand that the ADA isn’t just any kind of law. It’s a civil rights law to ensure fairness and equality for all Americans. By prohibiting discrimination based on disability across five distinct parts of modern American life:
- Employment
- Government
- Places of public accommodation
- Telephones
- Other U.S. laws and regulations
The ADA is a “strict liability” law because it violates a person’s civil rights, inflicting inherent harm. Strict liability means that damage is possible without fault, and there is no defense against violations. In other words, you can’t say you didn’t know which requirements to follow or did not intend to cause any harm.

Losing an ADA accessibility lawsuit can be costly and result in an order to comply with the law and make your website compliant.

How Does ADA Compliance Relate to Websites?

Website accessibility enables individuals with disabilities to access and navigate websites using assistive technologies, such as screen readers or keyboard-only navigation. However, websites with barriers can limit the ability to access information and services online.

While the ADA does not explicitly mention digital content, the courts have interpreted the law to also apply to websites — specifically, Title III. Title III prohibits discrimination in places of public accommodation, including businesses and organizations that are open to the public. In 2010, the Department of Justice (DOJ) issued that websites are considered public places subject to the ADA’s requirements.

In recent years, a number of lawsuits have been filed against businesses and organizations failing to make their websites accessible. Unfortunately, these lawsuits can result in high financial costs, negative publicity, and reputational damage.

Examples of ADA Web Accessibility Lawsuits

ADA website compliance lawsuits can drag on for years, draining your time and resources. To give you an idea of what can happen, we will look at three notable ADA website accessibility lawsuits.

ADA Website Lawsuit #1: Netflix

In 2012, the National Association of the Deaf (NAD) filed a lawsuit against Netflix for denying equal access to deaf and hard-of-hearing individuals in the United States. The underlying lawsuit claimed that Netflix violated the Title III of the ADA by failing to provide closed captioning for “Watch Instantly” content streamed on its website.

The consent decree compelled Netflix to provide closed captioning to their online content within two years, along with all future content. In addition, Netflix had to pay $755,000 in legal costs and $40,000 to the National Association of the Deaf for monitoring.

ADA Website Lawsuit #2: H&R Block

Just one year later, in 2013, the DOJ joined the National Federation of the Blind, Mika Pyyhkala, and Lindsay Yazzolino in a suit against tax services firm H&R Block.

The suit required H&R Block to conform to WCAG 2.0 level-AA standards for their website and mobile app. The other terms of the agreement were:
- Provisions for designating a full-time website accessibility coordinator.
- Providing annual accessibility training to employees.
- Retaining an independent consultant.
H&R Block was also required to pay $22,500 to both Pyyhkala and Yazzolino, as well as a $55,000 civil penalty.

ADA Website Lawsuit #3: Domino’s Pizza

In 2016, Guillermo Robles claimed that Domino’s Pizza violated Title III of the ADA because their website and mobile app were not accessible to screen readers. A district court dismissed the initial case, but Robles appealed to the Ninth Circuit Court of Appeals, which came to a much different conclusion. The court opined the ADA does apply to websites and that Domino’s “had received fair notice” that its digital content must conform to the ADA.

In October 2019, the U.S. Supreme Court denied Domino’s petition to overrule the Ninth Circuit Court’s opinion. In fact, in June 2021, California federal court found that Domino’s had violated both Title III of the ADA and California’s Unruh Act, showing they still did not have an accessible website or mobile app for ordering. In the settlement summary, Robles was entitled to a mere $4,000 in statutory damages and Domino’s was required to bring its website into compliance with WCAG 2.0 guidelines.

How to Protect Your Site Against ADA Website Compliance Lawsuits

To limit your legal risk, you should endeavor to adhere to the Web Content Accessibility Guidelines (WCAG) 2.1 AA. WCAG is a set of internationally shared guidelines necessary for improving web accessibility. These guidelines are put together by the W3C (World Wide Web Consortium), athe defacto source for ensuring your website is accessible to all users.

To protect your website from ADA website compliance lawsuits, here are a few ideas of what the criteria require:
- Add alternative text descriptions for all non-text content (images, form fields, video, audio, etc.)
- Do not rely on only color as a visual means of conveying information, indicating an action, or prompting a response.
- Make sure everything on the site can interact through a keyboard interface.
- Navigational elements on the website are consistent and predictable across each page.
Team up with 216digital for ADA Web Compliance

ADA website compliance is no longer optional; it’s a legal requirement. If you need clarification on whether your site complies with the ADA’s WCAG 2.1 level-AA criteria, reach out to 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

April 10, 2023

ADA Web Accessibility

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
What is Color Contrast and How Does it Affect Your Web Accessibility?
Color can be a tricky subject for an online business. It’s not just about how they look or your brand. Your color choices, and the relationships between them, can impact the user’s experience. For example, suppose your website’s colors don’t have enough contrast. As a result, portions of your site may be hard to read and navigate for people with visual impairments. So, what is color contrast, and how does it affect web accessibility?

What is Color Contrast?

Color contrast refers to the difference in brightness between two colors. When two colors have high contrast, they are easy to distinguish. On the other hand, when two colors have low contrast, they can be hard to tell apart.

Contrast is measured by a ratio, a numerical value ranging from 1:1 (no contrast) to 21:1 (maximum contrast). For example, white(#FFFFFF) and black(#000000) have the highest possible contrast ratio of 21:1. In contrast, white(#FFFFFF) and pure green(#00FF00) have a ratio of just 1.4:1.

When two colors overlap, such as text on a background, the benefits of a high contrast ratio become clear. For instance, reading black text on a white background is much easier than reading pure green text on a white background.

Why Does Color Contrast Matter for Web Accessibility?

For many people with visual impairments, color contrast can decide the readability and perception of content on a website. Unfortunately, many types of visual impairment can make reading text with low color contrast difficult.

For example, low contrast can cause problems for those who are color-blind. If two colors have the same brightness level, they can be almost impossible to tell apart. Similarly, users with low vision may require a high contrast to make the text more readable.

Therefore, if your website does not prioritize color contrast, you will risk cutting off a large portion of users from your online services or products.

Color Contrast and Web Accessibility

The Americans with Disabilities Act (ADA) is a civil rights law prohibiting discrimination against individuals with disabilities. The law requires reasonable accommodations to ensure that people with disabilities have the same opportunities as everyone else.

However, the ADA is not explicit about the criteria for the web or how to implement web accessibility. Instead, the courts and the Department of Justice (DOJ) rely on the Web Content Accessibility Guidelines (WCAG) as the international standard for web accessibility.

Under the ADA, WCAG is almost universally cited in lawsuits and settlements, showing that WCAG is essential to ADA compliance.

WCAG 2.1 Contrast Ratio

The Web Content Accessibility Guidelines (WCAG) 2.1 provides guidelines for color contrast that all websites should follow, including font size, weight, and color contrast.

Contrast Minimum

According to WCAG Success Criterion 1.4.3: Contrast (Minimum), the visual presentation of text and images of text must have at least a contrast ratio of 4.5:1.

However, there are three exceptions to the WCAG’s 4.5:1 contrast requirement:
- Large Text: Since large text is easier to read, the contrast requirement is reduced to 3:1. However, WCAG defines large text as 18pt or 14pt bold and larger.
- Incidental: Text or images of text that are part of a user interface component, pure decoration, not visible, or part of an image containing other significant content have no contrast requirement.
- Logotypes: Logos or brand names with text do not have contrast requirements.
Resize Text

On the other hand, WCAG Success Criterion 1.4.4: Resize Text requires that text can be resized up to 200% without assistive technology or loss of content and functionality. However, there is an exception for captions and images of text.

Images do not scale as well as text because they tend to pixelate. Therefore WCAG highly suggests using text wherever possible. It is also tricky to change foreground and background contrast or the colors of an image, which are necessary for some users.

Color Contrast and Litigation

WCAG’s 1.4.3 and 1.4.4 must be met to achieve real-world accessibility. However, there is some flexibility and nuance regarding these guidelines in litigation.

Generally speaking, color contrast does not tend to appear in ADA web accessibility lawsuits. Color-blind and low-vision users can use assistive technology to enhance contrast.

Since these tools are available, and most business owners are averse to altering their brand’s colors, we focus on barriers that assistive technology cannot resolve. We do not recommend making edits surrounding color contrast to fulfill the requirements of a non-compliance lawsuit. That said, working color contrast best practices into your design workflows is always encouraged.

However, WCAG 1.4.4 does appear in complaints and creates a bona fide access barrier if violated. All websites must be able to be zoomed to 200% while leaving a significant operable region of the page.

How Can I Make My Website More Accessible?

Plenty of design considerations go into website accessibility — from the layout of content to the use of images, typography, and even color.

However, your choice of color is one of the first things people notice about your brand. And if you implement it wrong, it can impact the user experience for all visitors — not just those with visual impairments. By following the WCAG 2.1 guidelines and considering factors like font size and weight, you can create a website accessible to everyone.

Are you ready to make sure your website is accessible? Then, schedule an ADA Strategy Briefing with the web accessibility experts at 216digital.
Greg McNeil

March 14, 2023

ADA Web Accessibility

ADA Compliance, ADA Website Compliance, Website Accessibility
Debunking Common Web Accessibility Myths

“Web accessibility is too expensive.“

“There’s no real business value to making my website accessible.“

These are just a few of the concerns we hear when talking to organizations about web accessibility for the first time. And while it’s easy enough to poke holes in each one, it’s worth mentioning these myths are one of the many reasons digital accessibility lags so far behind.

To better understand why online businesses are slow to build accessible experiences, let’s debunk some of these myths and explain why web accessibility is essential for your business.

Common Myths in Website Accessibility

Common misconceptions about web accessibility have impacted the way organizations approach any accessibility initiative — particularly when it comes to time, cost, and compliance. Here’s what we learned.

Myth: There Are No Benefits to an Accessible Website

Why is digital accessibility so important? We can all agree that delivering an equal browsing experience to every user is the right thing to do. However, there are other benefits, like improved search engine optimization (SEO).

Many of the same principles for good SEO overlap with web accessibility best practices. Companies spend tens of thousands of dollars every year to improve their searchability. Search engines rank websites based on the content and user experience.By working on one, we enhance the other. After all, a better user experience for your visitors also offers a better understanding to search crawlers.

Myth: Web Accessibility Only Affects Those Who Are Blind or Have Low Vision

Most believe visual impairments are the most prominent disability an inaccessible website can impact. However, web accessibility can benefit several impairments, including hearing, cognitive, and motor. In fact, mobility and cognitive impairments affect a higher percentage of the population than visual.

That means digital accessibility is essential for people who cannot move their limbs and require a switch device. Similarly, people with dyslexia need the option to change fonts or line spacing.

The bottom line is an accessible website benefits users of all abilities. And your website’s design doesn’t have to suffer in the process.

Myth: Web Accessibility Means Redesigning My Entire Website

Most online business owners believe that providing an accessible online experience means starting from scratch — redesigning and developing the entire site. That, without exception, sounds both time-consuming and expensive. While we agree that it’s ideal to design an accessible website from the first line of code, it’s not feasible for the millions of existing sites.

However, it is often possible to make a website accessible by making minor adjustments, such as adding alternative text to images, adding focus outlines on interactive elements, and ensuring that videos have closed captions. These changes can significantly improve the website’s accessibility without requiring a complete redesign.

Myth: Using Automated Tools On My Site is All I Need to Make It Accessible

Automation is a powerful tool that is getting better all the time. But automation alone cannot identify and fix every accessibility error. In fact, automated scans can only detect 30% of barriers for users with disabilities. The limited scope of even the most advanced automation will leave many compliance issues unresolved and your company at risk.

That’s not to say automated tools are not a great starting point. However, it’s essential to think of them as a tool in a more extensive toolkit, including regular monitoring, manual testing, and reporting.

At 216digital, we believe in a hybrid approach. That combines the speed of automation with the precision of manual auditing to achieve and maintain an accessible website.

For more information about automated tools and ADA web compliance, check out the article, Are Web Accessibility Testing Tools Enough to Ensure Compliance.

Myth: Screen overlays can make my website compliant and protect me from an ADA lawsuit

Screen overlay products, also known as accessibility widgets or plugins, can help make a website more accessible to users with disabilities. Still, they do not guarantee that a website will fully comply with the Americans with Disabilities Act (ADA) or other accessibility guidelines.

These products typically provide a range of accessibility features, such as increasing text size, changing the background color, and providing alternative text descriptions for images. However, they do not address all of the accessibility issues that a website may have. For example, they may not address issues related to the structure and organization of content, or the use of appropriate headings and labels.

Additionally, these products do not address the issue of accessibility for users who are using assistive technologies such as screen readers. These technologies rely on the underlying code of the website, and a screen overlay does not address these barriers.

While these products can be a helpful tool for improving accessibility, they should not be considered a substitute for a comprehensive accessibility audit and remediation process to mitigate ADA lawsuit risk. Approximately 600 companies with an accessibility widget installed on their websites were hit with ADA accessibility lawsuits in 2022.

Myth: Web Accessibility Litigation is Frivolous and Invalid

Shockingly, most online companies believe accessibility lawsuits have no merit. Yet huge brand-named companies, such as Domino’s, have also been targeted with frivolous ADA lawsuits.

But huge name brands aren’t the only ones. Thousands of small and mid-size businesses face legal action. If you think your business is small enough to fly under the radar and avoid litigation, you’re wrong. Many mom-and-pop restaurants and small stores have recently fought and lost website accessibility lawsuits.

Failure to provide an accessible website can result in legal action and potentially significant financial penalties. Therefore, it’s crucial to take web accessibility seriously and ensure your website is accessible to everyone.

Fact: Web Accessibility is Smart Business

You’re not alone if you’ve fallen victim to believing some of these common myths and misconceptions. In ethical terms, individuals of all abilities deserve the right to barrier-free web use. And as we’ve seen, there are strong legal incentives for ensuring that your website is as accessible as possible. But you can take action.

216digital has made it easier to achieve website accessibility compliance without breaking your budget, taking all of your time, or completely redesigning your website. 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 an ADA Strategy Briefing.

Greg McNeil

March 14, 2023

ADA Web Accessibility

ADA Compliance, ADA Website Compliance, Website Accessibility
Retail is the Prime Target for ADA Web Accessibility Lawsuits
Today, almost everyone is shopping online. Consumers expect the ability to browse, compare and shop from any device rapidly. However, as more consumers shift to online shopping, retailers face increasing legal challenges for failing to meet minimum standards for ADA web accessibility.

The Americans with Disabilities Act (ADA) requires that all public-facing digital content be accessible to people with disabilities. Failure to comply with the ADA web accessibility guidelines can result in legal action, settlement costs, and reputational damage. In this article, we’ll explore why retail is the number one industry targeted by ADA web accessibility lawsuits and what you can do to protect your online business.

What is Web Accessibility for Retail

Web Accessibility is about creating an inclusive experience for all customers with barrier-free access to your online store. Websites must allow customers with visual, auditory, physical, and cognitive disabilities to access information, make purchases, and interact with your online business.

However, customers with disabilities can have vastly different experiences on a website based on their disability and the assistive technologies used. For example, customers with mild-to-moderate vision may rely on their browser’s built-in zoom function. In contrast, customers with more severe visual impairments require a screen reader to access information, browse your products, and shop. But how does web accessibility affect retail business owners?

Key Insights Retailers Need to Know

In recent years, there has been a sharp increase in lawsuits related to website accessibility, and retailers have been among the hardest hit. In 2022, there were more than 4,000 web accessibility lawsuits filed in Federal and California State Court under the Unruh Act. However, the retail industry was the number one industry targeted by ADA web accessibility lawsuits, accounting for almost 77%.

In fact, 391 of the Internet Retailer Top 500 list received an ADA-based web accessibility lawsuit within the last five years. Likewise, 72% of cases filed in 2022 were against companies with less than 50 million annual revenue. For large and small eCommerce companies, web accessibility is critical as consumers and plaintiffs become more aware of their rights under the ADA and seek legal recourse.

For more information on recent ADA web accessibility filings, check out Accessibility.com’s Digital Accessibility Lawsuits Database.

Why Are Retailers Vulnerable?

With the rise of e-commerce, online retailers face increasing web accessibility lawsuits. But why? Are retail sites less accessible than other industries?

Large Online Presence

Online retailers are everywhere! With more and more eCommerce websites created daily, there are 24 billion estimated globally. Undoubtedly, the retail industry has the most prominent digital presence, making them easy to find and visit.

As a result, e-commerce stores can quickly become victims of frivolous ADA-based lawsuits. Plaintiffs can quickly surf the web, engage with products or information, and determine whether a company prioritizes web accessibility.

Complex Websites Can Be Difficult to Make Accessible

It can be challenging for retail sites to reach and maintain the international standards for web accessibility, Web Content Accessibility Guidelines (WCAG). E-commerce stores are notoriously complex, with many pages, dynamic content, and intricate navigation. Making such websites accessible to individuals with disabilities can be a daunting task. In addition, it can present financial and logistical challenges, especially in a constantly evolving industry.

Many online retailers may not have the resources to hire web developers with expertise in ADA compliance or keep up with the constantly evolving standards and guidelines for web accessibility, increasing their vulnerability to litigation.

A Constantly Changing Industry

Online retailers frequently update their content to inform customers about new products, services, promotional sales, and resources. However, these changes can also make it more challenging to ensure the website remains accessible. Unfortunately, creating an accessibility barrier for disabled users is almost too easy.

Retailers must stay vigilant and up-to-date with web accessibility standards and guidelines. Failure to do so can leave retailers vulnerable to an ADA web accessibility lawsuit. Plaintiffs can easily find web accessibility barriers, document them, and file an ADA lawsuit, frequently creating a vicious cycle.

Easy to Test for ADA Web Accessibility

Most retail websites have the same or similar accessibility barriers. This can make it relatively easy for plaintiffs to test websites using automated tools and target many websites simultaneously. Automated tools can quickly scan a website and identify potential accessibility barriers based on the WCAG 2.1 guidelines, such as missing alt text, improper header structures, and broken links.

This means plaintiffs can quickly and easily identify accessibility issues and file ADA web accessibility lawsuits against retailers in minutes. In contrast, website owners are left spending thousands on settlement costs and website remediation. Retailers must take the necessary steps to ensure ADA web accessibility compliance to minimize the risk of litigation.

Existing Department of Justice Settlements

The US Department of Justice has settled several high-profile ADA web accessibility lawsuits with retailers, including Winn-Dixie and Walmart. These settlements have resulted in significant financial penalties and required these retailers to take extensive measures to make their websites more accessible.

As a result, these settlements have set a precedent for other plaintiffs now targeting retailers with similar accessibility issues. They can directly reference past DOJ actions within their case. Retailers must be aware of these settlements and ensure their website is accessible to all customers.

Quick Settlements

Plaintiffs’ attorneys often target online retailers for ADA web accessibility lawsuits because they are settled quickly and relatively easily. This is because online retailers usually prefer to pay out of court rather than go to trial, as they can avoid additional costs and negative publicity associated with a lengthy legal battle. As a result, plaintiffs’ attorneys can often secure quick settlements, making it a lucrative and attractive option to target online retailers.

How to Protect Your Online Business

It is essential to ensure that your website and online applications comply with ADA web accessibility standards to mitigate the chance of a lawsuit. This may involve working with web accessibility experts to conduct an audit and any necessary changes.

To protect against ADA web accessibility lawsuits, retail companies should take several steps:
1. Conduct a web accessibility audit: Conduct a comprehensive web accessibility audit to identify all web accessibility barriers.
2. Make a plan: Address the issues identified in the audit, prioritizing the most critical issues first.
3. Train staff: Educate staff on web accessibility best practices and how to maintain accessibility standards moving forward.
4. Use accessibility tools: Use accessibility tools, such as web accessibility monitoring services, to test websites and apps for accessibility.
5. Consider a dedicated accessibility team: Partner with an accessibility team to oversee ongoing web accessibility efforts and ensure compliance with ADA requirements.
6. Stay up-to-date: Stay informed about ADA web accessibility requirements, and update websites and apps as needed.
Get Proactive about ADA Web Accessibility

Everyone, especially those in the online retail industry, should be proactive about ADA web accessibility. By taking proactive steps to ensure the accessibility of your website, you can mitigate legal challenges and provide easy access to all customers.

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 that you can focus on the other tasks on your to-do list. So don’t wait any longer; find out where you stand by scheduling a complementary ADA Strategy Briefing today.
Greg McNeil

February 28, 2023

216digital, ADA Web Accessibility, Uncategorized

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
Web Accessibility and Search Engine Optimization: a Powerful Combination
On-page search engine optimization (SEO) and web accessibility are two crucial components of a successful website. But what many people don’t realize is that web accessibility and SEO have a lot more in common than you might think. Both aim to make websites more usable and understandable, whether for human users or search engines. By making your web pages accessible to everyone, you’re also boosting your chances of being found on search engines. Below, we will examine how web accessibility and SEO work hand in hand when it comes to:
1. Meaningful Page Titles

A page title is a short, concise name of a web page. It appears in the HTML code as a <title> tag and is usually visible at the top of the user’s browser bar. Page titles help improve web accessibility and SEO by determining the content of a page.

How Do Meaningful Page Titles Help Web Accessibility?

Web accessibility requires page titles that provide a brief and accurate description of the page’s content. For example, Success Criterion 2.4.2 of the Web Content Accessibility Guidelines (WCAG) 2.1 says that users should be able to quickly understand the page’s purpose without reading the content.

The title tag should be concise and should be at most 60 characters. Short and snappy page titles provide a better user experience, especially for users with a screen reader that hear content. The title should also be unique to each page on a website, and it should be relevant to the content. Good page titles help users identify content quickly and reliably.

How Does a Meaningful Title Tag Help SEO?

A page’s <title> tag is a clickable link displayed on a search engine’s results page. The information gathered from a page’s title determines its relevance to a user’s search query and placement within their search results. After all, web accessibility and SEO are about getting relevant content to users.

For example, suppose you were to use the search query “web accessibility” and “SEO.” In that case, the results will include titles with the exact terms included. If your <title> matches the content of your page, it is more likely to be found in search engine results and keep users engaged.

2. Headings

Headings, or <h> tags, give structure and hierarchy to the content on a web page. They appear more prominent than other text through font size or weight, making scanning and navigating the page more accessible for users.

How Do Headings Help Web Accessibility?

UHeadings help users navigate and understand the content quickly. They are typically formatted using HTML code, ranging from the main title, <h1>, to <h6> subheadings within the content. Each heading level serves a specific purpose in organizing the content. According to the Web Content Accessibility Guidelines (WCAG) Success Criterion 1.3.1, it is essential to use headings in a logical and sequential order. Starting with the <h1> heading and using subsequent headings in order, like so:
- <h1>Main heading</h1>
- <h2>Section heading</h2>
- <h3>Subsection heading</h3>
- <h4>Sub-subsection heading</h4>
By formatting the heading correctly, individuals with disabilities can navigate content logically and meaningfully.

How Do Headings Help SEO?

In addition to accessibility, headings are also critical for SEO, as they help search engines understand the content of a page. Search engines use headers to determine the relevance to a person’s search based on the keywords used and the significance of the content to their search.

3. Lists

As you know, lists containing text, images, and multimedia content can be ordered or random. However, using lists on a website can make the content more organized and scannable, helping to improve the user’s experience. But what you might not realize is that for the benefits of web accessibility and SEO.

How Do Lists Help Web Accessibility?

Lists can be a valuable tool for web accessibility because they help users navigate content logically and efficiently. For example, sight users will recognize lists with indentations or icons such as bullets or numbers. However, lists must be appropriately marked up within the website’s code to stand out from other content.

List markups define a group of related items or information presented in a particular order. For instance, <ul> is used for unorganized lists, <ol> for ordered lists, and <dl> for definition lists. By defining and using list markups correctly, your website will meet several WCAG success criteria, including:
- Success Criterion 1.3.1: Information and Relationships – Lists help to organize information and create relationships between related items.
- Success Criterion 2.4.3: Focus Order – Lists help to create a logical reading order, which is essential for users who rely on keyboard navigation.
How Do Lists Help SEO?

Search engines crawl a website’s content using complex algorithms to determine the relevancy and quality of a user’s query. Using lists can highlight the content’s critical points and make it easier for the algorithm to identify them.

Moreover, lists can help users navigate content logically and efficiently, improving the user’s experience. When users have a positive experience on a website, they are more likely to stay longer, share the content, and come back. This can significantly increase the overall traffic and engagement on the website, improving its ranking on SERPs.

4. Descriptive links

Interlinking content is an integral part of our customer journey. Being descriptive in the text you use to link to a new page is helpful for the user’s experience. It’s also beneficial for web accessibility and SEO.

How Do Descriptive Links Help Web Accessibility?

Descriptive links are hyperlinks that help users understand the link’s destination or purpose before they click. Rather than using vague or generic terms like “click here” or “read more,” descriptive links provide context for users and search engines. A screen reader user might navigate through all the links on a page to find where they want to go. Being descriptive helps them find what they’re looking for more easily.

Descriptive links also help meet essential web accessibility guidelines. For instance, WCAG 2.4.4 requires a descriptive title to provide the link’s destination context. Additionally, WCAG 2.4.9 states a process or technique should be available to identify each link’s purpose from the link text alone.

How Do Descriptive Links Help SEO?

Descriptive text, or anchor text, as SEO professionals call it, helps search engines understand the content and purpose of a link. However, when links use generic or vague text, search engines cannot accurately categorize the page and rank it appropriately in search results.

Using descriptive links that include keywords related to the page’s content can help search engines understand the purpose and context of their pages—as a result, leading to higher search rankings and visibility.

5. Breadcrumbs

Breadcrumbs are a navigation aid that appears at the top of a page and shows a user’s path to the current page. The name “breadcrumbs” comes from the story of Hansel and Gretel, where the characters leave a trail of breadcrumbs to help them find their way back home. Similarly, website breadcrumbs help users navigate to the homepage or higher-level pages.

Breadcrumbs typically appear as a horizontal menu bar showing the user’s website location. For instance, a breadcrumb trail might look like this:

Home > Category > Subcategory > Product

How Do Breadcrumbs Help Web Accessibility?

Breadcrumbs provide clear and consistent navigation to help users find necessary information, as outlined in WCAG 2.4:8: Location. They help to improve the user experience for everyone. But are particularly helpful for people with disabilities.

For example, they help people with memory problems or low attention span from becoming confused as they flow through pages. They also help screen reader users go back through a set of grouped pages much quicker.

How Do Breadcrumbs Help SEO?

Breadcrumbs can also help with SEO by providing additional contextual information to search engines. For example, breadcrumbs help search engines understand the structure and hierarchy of a website, allowing them to index and rank pages.

When implementing breadcrumbs for SEO purposes, it’s important to use structured data to help search engines understand the breadcrumb structure. Structured data is a standardized format that allows search engines to understand the content and design of a website.

6. Alternative Text for Images

When most web developers or digital marketers think of the overlap between accessibility and SEO, alternative text is usually one of the first elements that come to mind. Alternative text or alt text is an HTML attribute value used to describe an image. It’s beneficial for users with visual impairments that rely on screen readers. Screen readers read the alternative text, describing the image to the user and providing context they might have missed otherwise.

How Does Alternative Text Help Web Accessibility?

Alternative text is crucial in web accessibility because it provides a non-sighted visitor with the same experiences as a sighted visitor. Therefore, it should be accurate, clear, and provide meaningful information.

All non-text content is required by WCAG 1.1.1, “Non-text Content,” to have a text alternative that serves the equivalent purpose. However, there are exceptions for non-text content that is pure decoration, only for visual formatting or is not present to users. In that case, alt text is not required. However, images need to be implemented in a way that assistive technologies can ignore.

How Does Alternative Text Help SEO?

Search engines recognize the information in alt attributes. While it’s not a significant ranking signal, it does contribute. After all, it adds more context to your page’s content, especially if you want the images on your website to appear high in Google Image searches.

Google’s Image Publishing Guidelines state, “alt text along with computer vision algorithms and the contents of the page to understand the subject matter of the image.” However, don’t feel tempted to stuff your keywords into alt text. This is bad practice for both accessibility and SEO.

7. Audio and Video Transcriptions

In the same way, alternative text for non-text content opens up visual content. Transcripts and captions do the same for audio and video content. They capture the spoken words, sounds, and other audio elements and transcribe them into text format. The text can make the content accessible to people who are deaf, hard of hearing, or prefer to read instead of listen.

How Do Audio and Video Transcriptions Help Web Accessibility?

Users who are deaf and hard of hearing rely on accurate video and audio transcriptions to access any non-visual content in video or audio format. By providing transcriptions, you can ensure that all visitors to your website can access and understand the content you present.

If you use audio or video content on your website, adding captions to the video or transcribing the content helps you meet these success criteria in WCAG 2.1, including:
How Do Audio and Video Transcriptions Help SEO?

Although search engines are getting smarter, they are not listening to your videos and indexing what’s said, so they rely on the surrounding text to understand the content. By providing accurate transcriptions, you provide search engines with a complete understanding of the content in your audio and video files, which can help boost your website’s SEO. When videos have engaging and exciting content, providing a transcription on the same page or within the video is critical.

In Summary

Despite being separate disciplines, many of the same practices we use in web accessibility also open the doors for search engines. By working on one, we enhance the other. After all, a better user experience for your visitors also offers a better understanding to search crawlers.

That being said, If you’d like to talk further about your web accessibility initiative, schedule a complimentary ADA Strategy Briefing today with the experts at 216digital. We will help you take the steps towards web accessibility on your terms by developing a strategy to integrate WCAG 2.1 compliance into your development roadmap as part of the development process.
Greg McNeil

February 28, 2023

216digital, ADA Web Accessibility, Digital Marketing, SEO

ADA Compliance, Digital Marketing, SEO, Website Accessibility
ADA Web Compliance: The Key to Setting Up Your New Business for Success
As a new business owner, you want to set your company up for success from day one. You want to build a strong reputation, increase sales, and reach a broader audience. While there are many things to consider when opening up a new business, have you considered the importance of ADA web compliance in achieving these goals? Putting ADA web compliance at the top of your list is the key to setting up your new business for success.

What is ADA Web Compliance?

ADA, or the Americans with Disabilities Act, is a federal law that mandates the inclusion of all people, especially those with disabilities, in all areas of public life. That includes jobs, schools, transportation, and other places open to the general public, including websites. This means ensuring your website is accessible for everyone, regardless of their disability.

A website that is not accessible can prevent individuals with visual, auditory, physical, and cognitive disabilities from accessing information, making purchases, and interacting with your business. But does the Americans with Disabilities Act apply to small businesses?

ADA Web Compliance and Small Businesses

It might come as a surprise, but even small businesses are legally required to comply with the Americans with Disabilities Act. According to the ADA’s Title III, every business, regardless of size, has to be accessible to people with disabilities. This includes large corporations, right down to small businesses.

While ADA Title III does not specially mention accessibility for websites, there has been a change in mindset on what is considered a public place. The Department of Justice in 2018 stated that websites are considered a place of public accommodations, despite the ADA not including sites specifically.

Therefore, ADA Title III requires physical access, such as ramps to enter premises, and digital access, including video captions, alternative text for images, and ensuring websites support accessibility technology.

What is ADA Web Compliance?

ADA web compliance ensures that people with disabilities can independently browse a website’s products or services, understand written and visual content, and make purchases. People with different types of disabilities require various web accessibility accommodations to interact on the internet. For example:
- Visually impaired individuals need descriptive alternative tags on images to allow screen readers to describe them and provide context.
- Someone with a motor disability might use keyboard navigation instead of a mouse.
- Deaf individuals need captions or sign language interpretations alongside a video.
The Web Content Accessibility Guidelines (WCAG) have become the international standard for 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. If you want to learn more about the different web accessibility guidelines, read our guide to the Web Content Accessibility Guidelines (WCAG).

Why ADA Web Compliance is Key for New Business

Web accessibility can be intimidating, but addressing it from the start is well worth the effort. Like many aspects of starting a new business, it can cost a lot of time and money to go back and correct your website rather than make it accessible in the first place. But how will ADA web accessibility help grow your new business?

To help emphasize why web accessibility should be a fundamental building block in developing your new small business, we have gathered a list of reasons to answer just that.

Improved SEO

It’s crucial to have your website optimized for accessibility to rank highly in search engine results. Search engines like Google are constantly working to improve the quality of results for their users. This includes prioritizing websites that are accessible to everyone and penalizing sites that are not. If your website is ADA-compliant, you can avoid lower search engine rankings and reduced visibility. By ensuring your website is ADA compliant, you’ll improve your SEO and chances of ranking higher in search results, increasing your visibility and driving more traffic to your site.

Better User Experience

ADA web compliance means everyone can access your site and engage with your brand, regardless of their abilities. This is crucial for retaining customers, building trust with your audience, and creating a positive user experience for everyone visiting your site. In addition, by making your site accessible, you’ll create a more inclusive environment that will make your brand stand out and leave a lasting impression.

Increased Sales and Conversions

A website that is easy to use and accessible to all visitors is more likely to generate sales and conversions. By providing a more accessible experience, you’ll increase the likelihood of visitors to your site becoming loyal customers and making purchases. Additionally, an ADA-compliant website is more likely to generate positive reviews and recommendations, which can drive even more sales.

Reaching a broader audience

ADA web compliance means your site will be accessible to everyone, including those with disabilities. By making your site accessible, you’ll be able to reach a wider audience and provide a more inclusive user experience for all users. This will give your brand a competitive edge and help you reach new customers who may not have been able to engage with your brand before.

Building a Positive Public Reputation

Being ADA-compliant shows that your business is socially responsible and cares about the needs of all customers. By demonstrating your commitment to accessibility, you’ll be showcasing your brand’s values and creating a positive image in the minds of consumers. This can build a reputation to make your brand stand out and help you grow your business.

Risk Mitigation

ADA web compliance is a legal requirement, and non-compliant websites can face significant fines and legal action. By making your site accessible, you’ll mitigate your risk and avoid the potential consequences of non-compliance. This will give you peace of mind and ensure that you can focus on growing your business without worrying about the potential risks of non-compliance.

ADA Compliance is the Key to Success for New Businesses

ADA web compliance is crucial for setting up your new business for success. With improved SEO, a better user experience for all customers, increased sales and conversions, reaching a broader audience, building a positive public reputation, and risk mitigation, investing in ADA compliance is essential in building a successful and sustainable business. However, it is imperative not to leave it till the end when setting up a new business or website.

Fortunately, with 216digital web accessibility experts, you don’t have to. Instead, 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. So don’t wait any longer; make your website accessible today and start reaping the benefits by scheduling a complementary ADA Strategy Briefing today.
Greg McNeil

February 14, 2023

216digital, ADA Web Accessibility

ADA Compliance, ADA Website Compliance, Website Accessibility
Why AI & Overlay Widgets Fail ADA Website Compliance
As the digital world continues to evolve, many businesses are turning to Artificial Intelligence (AI) and overlay widgets to make their websites accessible. While these technologies are marketed as solutions to make websites ADA compliant, they often fail to deliver on that promise. In fact, they often make websites less accessible for those with disabilities.

What are AI and Overlay Widgets?

AI and overlay widgets work by modifying a website’s code with a snippet of JavaScript, usually in the form of a toolbar, plugin, app, or widget. However, while they claim to detect and correct web accessibility barriers dynamically, overlays do not fix the website’s source code. Instead, they can detect fundamental accessibility issues, such as color contrast and text size, to make modifications. While overlays might seem like a cheap and beneficial method for web accessibility, they do not fix the underlying code. Leaving website owners exposed to the risk of an ADA lawsuit.

Why Overlay Solutions Fail to Deliver True Web Accessibility

Many AI and overlay solutions are used as a band-aid to cover up fundamental web accessibility issues. Still, they do not resolve the critical accessibility issue. Relying on an AI or overlay tool as a long-term solution can open you to legal risk, and provide a false sense of security.

Web Accessibility Barriers Not Resolved with AI and Overlay Widgets

One of the biggest problems with AI and overlay widgets is that they do not address the inherent access barriers on websites. These technologies are designed to make websites more accessible for people with disabilities. However, they need to address the underlying issues that make websites inaccessible in the first place. Unfortunately, the WCAG guidelines are too complex for overlay tools to provide the robust modifications required.

So, what issues are ignored by AI and overlay widget tools?
- Multi-level navigation menus not navigable via keyboard
- Newsletter popups, flyout carts, and other modals do not trap or automatically receive focus
- Logical tab order violations
- Images, buttons, and form fields that have incorrect labels
- Buttons created using non-interactive HTML tags that cannot be operated via keyboard
While most of these issues are not visible to all users, these issues are significant barriers for users with disabilities. This means that while AI and overlay widgets may provide some level of accessibility, they often fail to make websites usable for those with disabilities.

Overlays Can Increase Accessibility Barriers

AI and overlay widgets can increase accessibility barriers. These technologies may add additional steps or layers to the user experience. Making it more difficult for people with disabilities to navigate and interact with websites. This can be especially problematic for people with cognitive disabilities, who may struggle with the added complexity of using AI and overlay widgets.

AI and Overlay Widgets Override Existing Assistive Technology Tools

Furthermore, AI and overlay widgets can affect users’ existing assistive technology tools. Making it difficult for people with disabilities to use the technology they already rely on to access websites, such as screen readers or voice recognition software.

Additionally, AI and overlay widgets may not be able to interact with these tools in a way that benefits all users. This can create a frustrating and inaccessible experience for those with disabilities, who may feel that the added technology is just another barrier to accessing information and services online.

Overlays Prevent an Inclusive Web Experience

By adding additional layers of technology to websites, these technologies can create a sense of exclusion for those with disabilities, who may feel that they are not part of the mainstream online experience. This can also lead to a lack of engagement and motivation to use websites and participate in online communities.

These barriers can lead to poor brand perception and potential loss of revenue. By using overlays, you are offering people with disabilities a different web experience with reduced functionality. This directly contradicts the goal of digital inclusion. Creating an inclusive web experience entails fixing accessibility issues to create one accessible, homogenous brand experience.

AI and Overlay Widgets Hinder Website Performance

AI and overlay widgets can slow website performance, making it more difficult for all users to access information quickly and efficiently. In addition, these technologies often rely on complex algorithms and software that can be resource-intensive. Resulting in longer screen loading times and making it difficult for users to access the website and its content. This can be especially problematic for people with mobility or motor disabilities. As they may have limited time to interact with websites and need quick and responsive access to information.

Overlays Solution Increase Legal Liability

Finally, AI and overlay widgets increase legal liability. AI and overlay widgets are automated technology utilizing complex algorithms and software. However, automated scans can only detect 30% of web accessibility errors. The remaining 70% of the issues are detected only through manual testing. While some overlay providers provide manual testing and remediation services, this often comes at a hefty cost for the website. The remediation is only applied to the overlay layer, exposing the underlying barriers.

If a website is not accessible to users with disabilities, it violates laws such as the Americans with Disabilities Act (ADA). Unfortunately, AI and overlay widgets cannot provide the level of accessibility required by these laws. Therefore, increasing the legal liability for website owners with accessibility overlays or widgets installed. In fact, there has been an upward trend of lawsuits filed against companies with accessibility overlays or widgets installed. With 400 lawsuits being filed in 2021 and 600 in 2022.

What Should Website Owners Do Instead of Using Overlays?

While AI and overlay widgets might seem like an easy solution to protect your website, you must adapt the WCAG 2.1 guidelines and best practices into an ongoing process.

As you make changes to your website, new accessibility issues can arise. So, it is essential to test your website often. And although AI and overlay widgets should be avoided, not all digital technology is bad. For example, automated testing is an efficient and reliable tool to regularly check your website for low-hanging barriers and stay on top of WCAG compliance. But, of course, even the best-automated accessibility solution will not be able to detect every problem. That is why manual testing by accessibility experts who know what to look for is required. Luckily, 216digital has ADA experts to provide risk mitigation, manual testing, ADA remediation, and ongoing monitoring services to help you achieve your accessibility goals and needs.

Conclusion

While AI and overlay widgets may seem like a good idea for web accessibility, they fail to deliver. These technologies can increase accessibility barriers, affect users’ existing assistive technology tools, prevent inclusive web experiences, slow website performance, and increase legal liability. Instead of relying on these technologies, businesses should focus on creating truly accessible and inclusive websites that meet the needs of all users, including those with disabilities.

The 216digital web accessibility experts are ready to help you through each step of your accessibility journey. Answering your questions and resolving each obstacle. From ADA Accessibility Lawsuit Risk Mitigation to expert ADA Remediation, we put you in a position of strength. We understand how websites get targeted for frivolous lawsuits and what to do to keep you off the radar of law firms that specialize in filing ADA lawsuits.

Become web accessible on your terms with 216digital by developing a strategy to integrate WCAG 2.1 compliance into your development roadmap as part of the development process. Learn more about how the ADA experts at 216digital can help achieve ongoing real-world accessibility on your terms by scheduling an ADA Strategy Briefing today.
Greg McNeil

February 14, 2023

216digital, ADA Web Accessibility

Accessibility, ADA Compliance, ADA Website Compliance, Ai and Overlay Widgets, Website Accessibility, Website Accessibility Tools
Web Accessibility & the Disabled Access Tax Credit: Who Qualifies, and Key Stipulations
“Tax season” and “good news” don’t naturally go together. However, there is good news for small businesses that have already invested in web accessibility: the Disabled Access Credit. The Internal Revenue Service (IRS) offers a tax credit through form 8826 to help recoup some of the cost of making your website more accessible to individuals with disabilities. If you haven’t already made your website more accessible, these tax incentives might help put ADA compliance in your web development plans this year.

What is the Disabled Access Tax Credit?

The Disabled Access Tax Credit is a tax incentive providing small businesses with gross receipts of one million dollars and less or those that employ 30 or fewer full-time employees, that have made accessibility improvements to their website. This credit can help offset the costs of those modifications and provide financial relief to small businesses working to make their spaces accessible to everyone.

Unlike tax deductions that reduce taxable income or the tax owed, a tax credit gets subtracted from the tax owed. For example, the Disabled Access tax credit covers 50% of the eligible expenditures made during the previous tax year, with a maximum limit of $10,250.

Does the Disabled Access Tax Credit cover Web Accessibility?

Yes, the Disabled Access Tax Credit covers website accessibility as web accessibility is becoming increasingly important. The Department of Justice in 2018 stated that websites are considered a place of public accommodations, Therefore, the ADA covers websites and mandates accessibility in the digital space, allowing the Disabled Access tax credit to be applied to businesses that invest in owning and operating accessible sites.

Many accessibility practices or implementation types qualify as expenditures. Still, there are several accessibility elements when calculating your annual accessibility fee. These include web accessibility solutions or tools that optimize websites. Here are some key variables to consider in your annual accessibility fee:
- Website Modifications
- Page Format and Hierarchy
- Live Chat Services
- File and Media Fixes
- Consulting Service Fees
Eligibility for the Disabled Access Tax Credit

The Disabled Access Tax Credit is available to small businesses with a maximum of $1 million in annual revenue or fewer than 30 full-time employees. The development costs associated with the necessary changes to the website to make it more accessible with the standards outlined in the ADA such as the Web Content Accessibility Guidelines (WCAG) for websites to be eligible. This includes adding alternative text to images, providing video captions, and ensuring the website can be navigated using only a keyboard.

What are the Stipulations?

The good news is that the Disabled Access Tax Credit can be applied for and earned annually. However, you can’t carry expenditures over to claim a credit exceeding the prior year’s expenditure limit. But, if the credit amount exceeds the taxes you owe, you can roll the unused credit into the following year.

The Disabled Access Tax Credit covers the following accessibility and ADA-related expenditures:
- Web accessibility & optimization
- Language interpreters
- Adaptive equipment
- Printed materials
- Elimination of physical obstacles
- General consulting
Is It a One-Time Deal?

No, in fact you can get this credit any year ADA accessibility work is done on your website. This tax break is such a powerful incentive that many small businesses have adopted a policy of annual ADA accessibility website audit/ reviews.

How to Apply for the Disabled Access Tax Credit

There is no need to apply, simply complete the IRS Form 8826 and submit it with your yearly tax return. In addition, it must include information about the accessibility improvements made, the expenses incurred, and the credit calculation. You can find Form 8826 on the IRS government website, where you can further research the rules and stipulations regarding the Disabled Access Tax Credit. You can also read more on the IRS Tax Credits and Deductions page on the Americans with Disabilities Act website.

Don’t forget to consult with a tax professional before you send in your comprehensive return files. If your tax professional is unaware of the Disabled Access Tax Credit, tell them the form number (8826). They can quickly fill out the form and state the amount spent on accessibility efforts, speeding up the process and ensuring it’s correct!

Web Accessibility & the Disabled Access Tax Credit

The 8826 form can be a valuable tool for small businesses that engage ADA accessibility developers to work on their websites. The 8826 Disabled Access Tax credit has made it possible for many small businesses to make ADA remediation an ongoing process to ensure the website remains accessible to all users. By making sure your website is compliant and accessible, you can help ensure that your business is reaching the widest possible audience and staying in compliance with the law.

Suppose you are a small business owner looking to make your website more accessible and take advantage of the Disabled Access Tax Credit. In that case, we encourage you to reach out and schedule a 15-minute ADA Briefing with our web accessibility experts at 216digital.
Greg McNeil

February 14, 2023

216digital, ADA Web Accessibility

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
Are Web Accessibility Testing Tools Enough to Ensure Compliance
As the internet continues to grow and evolve, the importance of website accessibility becomes ever more crucial. A website’s accessibility is not just a matter of convenience but a matter of civil rights as well. This is why website accessibility checkers have become a popular tool for many web designers and developers. They help identify potential barriers that could make a site difficult for those with disabilities.

However, while website accessibility testing tools are a great starting point, they are not a comprehensive solution for ensuring website accessibility. Relying solely on website accessibility testing tools can be a dangerous mistake that could leave your website inaccessible to a significant portion of your target audience.

What Are Website Accessibility Testing Tools?

Automated website accessibility testing, such as Lighthouse, WAVE, and Firefox Inspector, automate the process of checking a website for accessibility barriers. These tools can quickly scan a website and identify potential accessibility barriers, such as missing alt text, improper header structures, and broken links. The results from these tools come in the form of a report. This can be used as a starting point to improve accessibility.

Do Website Accessibility Testing Tools Provide False Sense of Security?

Website accessibility testing tools are valuable in identifying potential barriers to accessibility. However, it’s important to note that website accessibility testing tools are not perfect.

Limited Detection of Web Accessibility Barriers

Automated testing tools are limited by the algorithms and data sets they use to identify accessibility issues. As a result, they can only detect what they are programmed to and might miss some critical accessibility barriers. For example, website accessibility testing tools cannot test for keyboard accessibility, essential for individuals who use assistive technology to navigate the web. In addition, automated testing tools can only detect about 30% of accessibility issues. The remaining 70% of barriers can only be detected through manual testing by a person.

This is why passing website scans can provide a false sense of security if a manual audit is not included as part of the accessibility review process. By incorporating a manual accessibility audit into your review, the pitfall of your website passing one or more automated accessibility checks but still be non-compliant and inaccessible can be avoided.

Inaccurate Results and False Positives

There’s another potential issue to remember when using automated web accessibility testing tools, inaccurate results or false positives. This occurs when an accessibility test identifies a barrier that does not exist, leading you to fix issues that are not necessary.

What are False Positives?

Automated accessibility tools analyze patterns within your website’s code and markup. Most tools compare your website’s code to the international standard for digital accessibility, Web Content Accessibility Guidelines (WCAG).

Some WCAG guidelines have simple pass-or-fail resets. For example, WCAG requires alternative text for non-text content, such as images. If an image does not contain an alt tag, that is considered a “fail.” However, other issues that require a deeper understanding of context are limited to AI tools, which result in false positives. For example:
- Some images, such as logos and dividers, are purely decorative and do not require alt text. However, they must be implemented in a way assistive technologies can ignore. WCAG Success Criterion (SC) 1.1.1, “Non-text Content,”
- Purely decorative text or low-contrast logotypes do not violate WCAG’s color contrast requirements. However, automated tools can not determine what text qualifies for these exceptions. WCAG 2.1 SC 1.4.3, “Contrast (Minimum)”
- Content that contains the WAI-ARIA aria-hidden attributes. While WAI-ARIA aria-hidden attributes are not also necessary, there are legitimate reasons to use aria-hidden to hide content from AT.
While this is not a comprehensive list, many WCAG criteria have exceptions for certain types of content. Unfortunately, the WCAG guidelines are to complex for automated tools to provide accurate feedback on all accessibility barriers. However, the purpose of accessibility is to accommodate real users, not AI tools.

Don’t Rely On Web Accessibility Testing Tools Alone

While web accessibility testing tools are beneficial, they should not be relied on alone. Instead, automated tests need to be combined with a manual review from a web accessibility expert to remove all accessibility barriers.

Manual Audits

Manual audits are more thorough and time-consuming, but they provide a more accurate assessment of website accessibility. A manual review involves evaluating a website by using a combination of tools and human judgment. It consists of testing a website using various assistive technologies. This includes screen readers, keyboard navigation, and magnifiers, to simulate the experience of individuals with disabilities. Manual testing can help to identify the remaining 70% of barriers that automated testing tools cannot find, such as poor alt tags, confusing navigation, and inaccessible forms.

A manual review can also ensure that website accessibility guidelines are being met. For example, the WCAG guidelines state that websites must be perceivable, operable, understandable, and robust. A manual review can ensure these guidelines are met by evaluating the website’s content, structure, and functionality.

In Conclusion

Website accessibility testing tools and manual review are crucial for ensuring web compliance. While website accessibility testing tools help identify potential accessibility issues, a comprehensive manual review is necessary for full accessibility. In addition, manual reviews can identify barriers that automated testing tools cannot and ensure that website accessibility guidelines are met.

In conclusion, ensuring a website is accessible to everyone is not only a matter of convenience but also a matter of civil rights. A combination of website accessibility testing tools and manual review can help to ensure that websites are accessible and compliant with WCAG guidelines.

For guidance with your accessibility initiative, schedule an ADA Strategy Briefing today to connect with a web accessibility expert at 216digital.
Greg McNeil

February 13, 2023

216digital, ADA Web Accessibility

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility, Website Accessibility Tools
Why Your Business Needs an ADA Website Accessibility Strategy Now

As a business owner, you have a legal and, some would argue, moral obligation to provide equal access to all users, including those with disabilities. The Americans with Disabilities Act (ADA) is a federal law that requires all businesses to provide equal access to their goods and services to individuals with disabilities. This law applies not only to physical locations but also to websites and online services, making it essential for businesses to ensure their digital presence is accessible to all users. Failure to do so can result in significant liability.

However, despite the clear benefits of having an accessible website, many businesses have yet to implement a strategy for ADA website accessibility. This article will explore why companies must develop a plan for ADA website accessibility and how.

What is Web Accessibility?

One of the main components of ADA website accessibility is ensuring that websites are accessible to individuals with disabilities. This means that websites must be usable by individuals who are blind, deaf, or have limited mobility. This includes text alternatives for visual or audio content, easy-to-use navigation, and appropriately labeled and structured forms or input fields.

Why is ADA website accessibility important?

ADA website accessibility ensures that all individuals, regardless of their abilities, have equal access to information and services on your website. This includes individuals with visual, auditory, physical, and cognitive disabilities. A website that is not accessible can prevent these individuals from accessing information, making purchases, and interacting with your business.

Additionally, the number of ADA accessibility lawsuits filed against companies has increased dramatically in recent years. Unfortunately, the trend shows no signs of slowing down, and businesses of all sizes risk being sued. Even small companies with limited resources are vulnerable, as they are often seen as easy targets by plaintiffs looking to win settlements.

Why Should Businesses Develop a Strategy for ADA Website Accessibility?

There are several reasons why you need to develop a strategy for ADA website accessibility and liability now.

Legal Compliance

The ADA requires businesses to make their websites and online content accessible to individuals with visual, auditory, physical, and cognitive impairments. By ensuring your website is accessible, you could mitigate frivolous ADA lawsuits, fines, and negative publicity.

In recent years, there has been a sharp increase in lawsuits related to website accessibility. In 2022, there were 2,387 web accessibility lawsuits filed in Federal Court and California State Court under the Unruh Act. However, industry insiders say 97% of demand letters are settled and never evolve into a lawsuit. This means plaintiffs sent more than 1,500 demand letters per week in 2022.

User Experience

By making your website accessible, you provide a better user experience for all visitors. This not only shows that you care about your customers, but it also helps you to stand out from your competitors. This includes adding alternative text for images, providing video captions, and using simple, straightforward language for all content. In addition, it helps to improve the overall usability of your website. Making it easier to navigate, and providing a better overall experience for your customers.

Brand Reputation

Having an accessible website reflects your brand’s values and commitment to inclusiveness. Demonstrating your commitment to accessibility can help improve your brand reputation and credibility, leading to increased customer loyalty and sales.

Improved Search Engine Optimization (SEO)

When you make your website accessible to people with disabilities, you are also making it easier for search engines to crawl and index your site. In addition, search engines like Google prioritize websites that are accessible and user-friendly. This can help improve your search engine rankings, increasing traffic and higher visibility for your business.

Increased Reach and Potential Customers

Making your website accessible to individuals with disabilities can increase your website traffic. According to the World Health Organization, around 15% of the world’s population lives with some form of disability. By making your website accessible, you can tap into this large and growing market that the competition might overlook. As a result, you can reach a wider audience and expand your potential customer base.

How Can Businesses Develop a Strategy for ADA Website Accessibility?

Businesses must have a strategy for implementing web accessibility and managing potential ADA website liability. This includes having a plan for responding to any possible ADA-related complaints and lawsuits. It also means having a system in place for monitoring website accessibility and making any necessary changes.

Conduct a Website Audit

The first step in achieving ADA website accessibility is to perform an audit. This will help you to identify any areas of your website that need to be improved to meet ADA standards. You should consult a web accessibility expert to perform the audit.

While automated tools such as WAVE or Lighthouse can provide a great starting point, automated tools can only detect 30% of accessibility barriers. However, manual audits provide a more accurate assessment of website accessibility. A manual review involves evaluating a website using assistive technologies, such as screen readers, keyboard navigation, and magnifiers, to simulate the experience of individuals with disabilities.

Implement Necessary ADA Web Accessibility Updates

Once you have identified areas of your website that need to be improved, make the necessary updates. This can include adding alt tags to images, ensuring your website is navigable with a keyboard, and providing text alternatives for videos.

Train your Employees

Training your team is essential to ensure that your website remains accessible. Make sure your team understands the importance of ADA website accessibility and knows how to make updates to your website to maintain compliance. This will ensure everyone working on your website is committed to making it accessible and reducing future risks.

Regularly Monitor and Update

Businesses should regularly monitor their website to ensure that it remains accessible. ADA website accessibility is an ongoing process. As you make changes to your website and web accessibility guidelines evolve, new accessibility issues may arise. It is crucial to address these promptly.

By developing a strategy for ADA website accessibility and liability now, businesses can protect themselves and their customers. Not only will this help companies to avoid potential legal issues, but it will also help ensure that all website visitors can access and use the website. In the long run, this will help businesses build trust and loyalty with their customers and improve their overall customer experience.

In Conclusion

ADA website accessibility is not just a legal requirement, but it is also an opportunity to reach a large and growing market. By developing a strategy for accessibility now, businesses can avoid costly lawsuits, protect their reputation, and increase their website traffic. Investing in accessibility is an investment in the future of your business.

At 216digital, we understand developing a strategy for ADA Website accessibility and liability can be a beast of a project. So, why let web accessibility hijack your development backlog with all the competing website enhancements that could add value to your business? 216digital 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 an ADA Strategy Briefing.

kadmin

February 13, 2023

216digital, ADA Web Accessibility

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
What Are the Levels of WCAG Compliance?
When it comes to accessibility compliance, the Web Content Accessibility Guidelines (WCAG) version 2.0 is the most widely used standard worldwide. WCAG has set internationally shared standards for web content accessibility to meet the needs of individuals, organizations, and governments. Web Content applies to all content on a web page or application, including text, images, sounds, code, or markup that define a website’s structure or presentation.

There are three levels of WCAG compliance: A, AA, and AAA. Although this distinction is essential, it can be baffling. Therefore, we will discuss what WCAG A, AA, and AAA are, what they mean for your site, and which compliance level to aim for when becoming accessible.

Learn more about WCAG and ADA Web Accessibility Standards

What are the WCAG Levels?

There are three compliance levels within WCAG 2.0: A, AA, and AAA. For a website to be accessible for all users, each level’s requirments must be met. The distinction between conformance levels gives an organized structure requiring an increasingly higher standard of accessibility. The three levels provide flexibility upon different situations. For example, in complex websites or advancing technologies, to maintain a minimum level of compliance.

WCAG Foundation Principles

Each level of compliance is based on the same four principles of web accessibility. These principles are the foundations for content on the web and anyone wanting to use it. WCAG 2.0 guidelines follow these four principles: perceivable, operable, understandable, and robust, referred to as POUR. Therefore, to understand each WCAG level, it is essential to start with their foundation.

Perceivable

A website’s information and elements must be apparent to the user, leaving nothing undetectable or invisible. Most users perceive content and elements on a website through visuals. However, sound or touch are used alternatively for those unable to.

Operable

A website’s interactive elements such as controls, buttons, and navigations should be operable by all users. Users must operate the interface elements by first identifying those elements and selecting those options. Most users can interact by clicking, tapping, swiping, or rolling. However, users who cannot physically click require voice commands or other assistive devices to engage with interactive elements.

Understandable

Websites must be clear and concise in presenting predictable patterns for interaction and design. Users should have no issue comprehending the meaning or purpose of the presented information, including the function of buttons or other elements on a website. Everything should have a purpose and should be recognizable to all users.

Robust

Content must be robust enough for users to understand the function and reliably use various assisting technologies.

What Do the Different WCAG Conformance Levels Mean?

As previously mentioned, WCAG 2.0 A, AA, and AAA all have specific criteria to be met. The requirements for a website include all interactive elements, content, and presentation following four principles of POUR. WCAG does provide guidelines for each level for what an accessible website should do, each level building upon the next. However, the specific actions each website must take to be considered accessible or reach a certain level of compliance are not outlined. The most significant difference between conformance levels A, AA, and AAA is what they mean for the users of each website.

WCAG 2.0 Level A: Minimal Compliance

Level A covers the basic requirements and is the minimum degree of accessibility for a website to be accessible. Basic requirements to meet Level A do not impact the design or structure of the website. Failure to fulfill will result in an inaccessible website and will be impossible or exceedingly difficult for users with disabilities to use.

Notable WCAG 2.0 Level A success criteria include:
- All non-text content such as audio, video, or images must have a text alternative such as an alt text within the website’s code or captions to serve as an equivalent source for information and context.
- Users can effectively navigate the website using only keyboard inputs.
- Time-based media or video content must have a media alternative for text.
- Content and interface elements conveyed through presentation can be extracted and presented to the user in different modalities through assistive technologies or user agents.
- Color is not used as the only visual means of conveying information, prompting a response, distinguishing an element, or indicating an action by the user.
WCAG 2.0 Level AA: Acceptable Compliance

Level A conformance is an excellent starting point. However, Level AA goes further by ensuring a website must be deemed usable and understandable for most people, regardless of ability. For this reason, level AA compliance has been the standard for accessibility and web accessibility laws globally, including the ADA and Section 508 in the United States.

Notable WCAG 2.0 Level AA success criteria include:
- Text for content, captions, and text images can be resized without assistive technology up to 200% without loss of range of function.
- Text or alt text is used to convey information or content rather than images with text.
- More than one way to locate a web page within a website except when the web page is the result of a process or steps
- Navigation elements are consistent throughout the site
- Form fields have accurate labels
WCAG 2.0 Level AAA: Completely Compliant

Compliance at WCAG 2.0 is the highest level of accessibility and accommodates the maximum number of users. Unfortunately, it is also the most challenging level to achieve. While this level of compliance would be ideal, it is not necessary., W3 states they do not recommend or require Level AAA compliance for an entire website since it is impossible to achieve Level AAA from some content.

Notable WCAG 2.0 Level AAA success criteria include:
- Sign language interpretation for audio or video content
- Visual presentation of text and images has a contrast ratio of at least 7:1 except for large text, logo, or visual decorative components with no significance to the content.
- Timing is not an essential part of any activity on the website.
- The website does not contain anything that flashes more than three times in any one second.
- Context-sensitive help is available.
Can You Partially Meet a WCAG Level?

A website must meet all of the accessibility compliance level’s guidelines. To state that a website is Level AA compliant, it must meet every requirement for both Level A and the Level AA guidelines. Therefore, if you meet the24 out of 25 requirements for Level AA, your site will still be deemed only a Level A. However, please do not use this not to try to aim for higher levels of compliance. The more accessible your site is, the better the user experience is for your users regardless of their abilities.

What WCAG Level to Aim For

Most websites and development teams aim to meet Level AA. The legally required level for legislation for specific sites is Level AA, including the ADA and Section 508. Suppose you want to strengthen your existing website by making it ADA compliant. In that case, it is best to accomplish the Level A criteria first before progressing to Level AA. A Level A compliance level is still more accessible than an inaccessible website.

Closing

Understanding the different levels of WCAG 2.0 and their requirements can serve as a guide when implementing accessibility into your website. Take the first steps towards becoming accessible. Testing and correcting accessibility issues will help better your business and mitigate expensive ADA lawsuits.

Integrating accessibility can seem intimidating at first, but 216digital is here to help. If you would like more information on web accessibility or how to make your website accessible today, schedule a 15-minute complimentary consultation with our experts.
Greg McNeil

January 27, 2022

216digital, ADA Compliance, Website Accessibility

Accessibility, WCAG, Website Accessibility, Website Accessibility Tools
2022 ADA Web Accessibility Standards and Requirements
For most of us, it’s hard to imagine trying to navigate the world today without the web. We use it for almost everything: socializing, shopping, consuming media, research, the list goes on. However, the web is not accessible to all. Individuals with disabilities or impairments struggle to use the internet or are unable to. Unfortunately, the lack of standardized guidelines for proper website development and design has left the web full of obstacles and barriers. As a result, The Web Accessibility Initiative (WAI) was created to standardize web accessibility and develop universal guidelines for web content and applications, browsers, and authoring tools. Below, we will take a look at what you need to know as an online business owner and user about web accessibility, including:
- What is a Web Accessibility?
- What are the Requirements for Web Compliance?
  - Web Accessibility Standards
  - The Four Principles of Web Accessibility
  - The Components of Web Accessibility
- Compliance and Legislation ADA
  - WCAG
  - Section 508
- How Can 216digital Help Your Website ADA Compliant?
What is Web Accessibility?

We have all experienced inconveniences of blurry images, websites not compatible with mobile devices, and slow-loading websites on the internet. While these issues may be annoying, they can completely restrict internet usage for individuals with disabilities or impairments.

Web accessibility helps aid in the development of perception, understanding, contribution, navigation, and interaction for individuals with disability or impairments on the internet. All individuals should have the same access to digital information regardless of their ability. Therefore, integrating accessibility into your website is vital for all customer experiences.

Learn more about what is web accessibility and its importance.

What are the Requirements for Web Compliance?

Before making your website accessible, you must first understand the standards, principles, and components that contribute to making a website accessible.

Web Accessibility Standards

The Web Content Accessibility Guidelines (WCAG) provide an internationally shared standard for web content accessibility. Web content is the information on a web page or application, including text, images, sound, and code that defines a website’s structure or presentation.

There are two versions of WCAG currently applied: WCAG 2.0 and 2.1. WCAG 2.0 was published in 2008 but was not accepted by the International Organization for Standardization (ISO) until 2012. 2.1 was published ten years later in 2018 to include all of the previously accepted standards of 2.0 with additional criteria. WCAG 2.0 and 2.1 are backward-compatible, meaning that content conforming to WCAG 2.1 follows WCAG 2.0.

Following the standards introduced by WCAG, websites’ success at implementing accessibility practices are classified into three levels of conformance, Level A, AA, and AAA.

Level A

Level A is the basic requirement and the minimum degree of accessibility that must be satisfied. Failure to fulfill will result in an inaccessible website.

Level AA

This level addresses the more common web barriers individuals with impairments or disabilities face. In addition, Level AA is also the highest conformance required by most websites to remove the most significant accessibility barriers.

Level AAA

The highest level for accessibility under WCAG is level AAA. Unfortunately, it is also the most difficult to achieve. Achieving this level of compliance is desirable but is not necessary.

The Four Principles of Web Accessibility

The principles of web accessibility are the foundations for all content on the web and for anyone wanting to use it. WCAG 2.0 and 2.1 guidelines follow these four principles: perceivable, operable, understandable, and robust, also known as POUR. POUR is an acronym used to define functional accessibility in a website.

Perceivable

A website’s information and elements must be apparent to the user, leaving nothing undetectable or invisible. Most web users perceive the content and elements of a website through visuals. Sound or touch are used alternatively for those unable to. For instance, a well-written alternative text can help provide context to that missing viable information for individuals unable to visually perceive an image.

Operable

A website’s interactive elements such as controls, buttons, navigations, and more should be operable for all users. Users must operate the interface elements by first identifying those elements and physically selecting them. Those who cannot engage with interactive elements by clicking, tapping, swiping, or rolling use voice commands or other assistive devices. In other words, websites should not require actions that some users cannot perform. Some users won’t even use your website if they cannot function with a keyboard alone. These barriers can limit your website’s reach and create a poor user experience for all users.

Understandable

Websites must be clear and concise in presenting predictable patterns within their use and design. Users should have no issue comprehending the meaning or purpose of information. The “understandable” principle also applies to user interaction elements such as buttons or other elements on your site. Everything should have a purpose and meaning and should be recognizable.

Robust

Content must be robust enough for users to understand the content’s function reliably using a wide variety of technologies, including assistive devices. Above all, as technologies advance, content within a website should remain accessible.

The lack of any of these four principles will make your website inaccessible. Therefore, the WCAG guidelines and standards branch out on these four principles into more detailed levels as discussed above, Levels A, AA, and AAA.

The Components of Web Accessibility

Accessibility is an aspect that covers every part of a website. The various components of a website should interconnect and complement one another for the site to function and be available for individuals with impairments or disabilities. These components include content, user agents, authoring tools, and evaluation tools.

Content

Content encompasses all of the information on a website or web application, including elements on the front and back ends. The content consists of text, images, sounds, presentation, structure, and interactive features on the front-facing end. On the backside of a website, the scope includes the code, scripts, or markups assistive technologies use.

User-Agents

User agents act on behalf of a user, including web browsers, media players, plug-ins, and assistive technologies.

Authoring Tools

Authoring tools assist in creating digital content, such as blogs or code editors.

Evaluation Tools

Evaluations tools can help determine how effective your accessibility attributes are and help to track your remediation efforts.

Compliance and Legislation

The growing awareness of digital accessibility as a civil right has increased dramatically. As a result, several countries have started to set web accessibility standards and regulations to pressure website owners to address these issues or face legal actions and public scrutiny. By complying with web accessibility legislation, you could mitigate a frivolous ADA lawsuit. Here are some of the more prominent laws and guidelines globally and in the United States.

ADA

The Americans with Disabilities Act, or ADA, was passed on July 26th, 1990, in the United States to ensure equal and fair treatment for individuals with disabilities. The Act secures equal rights for people with disability in the fields of employment, state and local governments, public accommodations, telecommunication, and miscellaneous provisions. Therefore, these five fields are typically referred to as Title I, II, III, IV, and V of the ADA.

Title III states that all areas of public accommodation, such as hotels, schools, restaurants, and retailers, must secure equal access to services and information for all users. As the internet has evolved, websites and mobile apps have become essential places to shop, learn, share and connect. Therefore, new lawsuits under the Act have prompted the Department of Justice (DOJ) to expand the definition of areas of public accommodation to include websites and online applications. Therefore, any barriers prohibiting or limiting access to a website violates Title III.

WCAG

As discussed prior, The Web Content Accessibility Guidelines, or WCAG, is the international accessibility standards established by the World Wide Web Consortium(W3C). The guidelines offer technical recommendations on how to make your website content accessible. Although WCAG is not enforceable, the guidelines have become the foundation of severe mandatory accessibility regulation around the world, including The United States Section 508,

Section 508

Section 508 of the Rehabilitation Act of 1973 requires all federal agencies in the United States to ensure that electronic and information technology is accessible to people with or without disabilities. The electronic and information communication technology subject within Section 508 includes websites, web applications, software, and digital documents. In 2018 Section 208 was updated to coordinate with the international accessibility standards of WCAG.

How Can 216digital Help Your Website ADA Compliant?

Becoming web-accessible can become confusing, intimidating, and costly, but knowing you are not alone is essential. Here at 216digital, we are passionate about web accessibility and ensure you are getting the most money. That is why we offer different ADA remediation services to fit what your website and business need now. In addition, we have teamed up with the National ADA law firm to understand better how furious lawsuits occur, what they target, and how to resolve this issue before it’s too late.

If you would like more information on web accessibility or how to make your website accessible today, schedule a15-minute complimentary website audit and consultation with our experts.
Greg McNeil

January 27, 2022

216digital, ADA Compliance, Website Accessibility

Accessibility, ADA Website Compliance, Website Accessibility, Website Accessibility Tools