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  • What to Expect from WCAG 2.2

    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

    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?

    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

    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?

    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 You Need to Know About ADA Web Accessibility Lawsuits

    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?

    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

    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

    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
  • ADA Web Compliance: The Key to Setting Up Your New Business for Success

    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
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