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  • 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

    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
  • How Accessibility Is a Business Advantage

    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
  • How CTOs Can Mitigate the Risk of ADA Lawsuits

    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
  • Why Accessible Buttons Matter for Your Website

    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 True Cost of ADA Lawsuits: More Than Just Settlements

    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
  • Is Your Website Exempt From the ADA?

    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

    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

    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
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