Title III of the Americans with Disabilities Act (ADA) requires that some businesses and nonprofit services providers make accessibility accommodations to enable the disabled to access the same services as clients who are able. This includes electronic media and web sites. While the ADA applies to businesses with 15 or more employees, some smaller businesses web sites can benefit from being ADA compliant. Any business that is considered a “place of public accommodation” is required to provide equal access to services under the nondiscrimination requirements of Title III of ADA. Having an ADA site opens your company up to more potential clients and limits liability. Web developers should consider including ADA compliant features in the original site.

This is particularly important when working for a government agency or government contractor, as these organizations must follow web accessibility guidelines under Section 508 of the Workforce Rehabilitation Act of 1973. Although ADA and Section 508 compliance are different, the published checklist for Section 508 compliance offers insight into ways to make websites accessible for people with disabilities, and thereby work toward ADA compliance.

Wave.WebAIM.org ADA Tool

Generate an Accessibility Statement 

Rich’s Web Design Accessibility Statement

RWD Client Examples

August 2021 – Learn About ADA (SEN)

WCAG 2.0 AA is generally accepted as a recommended standard, however the current standard is WCAG 2.1. Be aware that, if you do business outside of the US, other countries may have their own set of accessibility standards that exceed WCAG 2.1 or have special requirements.

• • Educate yourself about Web Accessibility — and remember this is a complex subject with a moving target.

• • Start testing your web pages with an accessibility tool such as WAVE (Web Accessibility Evaluation Tool). They also have browser plugins for testing content locally or in secure locations.

March 2021

Overview of the Financial Penalties of AODA Non-Compliance

Ontario businesses that don’t prioritize accessibility may soon face significant penalties. Enacted in 2005, the Accessibility for Ontarians with Disabilities Act (AODA) requires all public websites and web content to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA, excepting criteria 1.2.4 (live captions) and 1.2.5 (pre-recorded audio descriptions). 

That requirement applies to all web content dating back to 2012 — not just new content — including mobile apps that rely on the internet to operate. Businesses must also file a compliance report; the filing deadline was set for Dec. 31, 2020, but has been extended to June 30, 2021. 

So, what happens if a business fails to comply? Per Accessibility Services Canada, the maximum penalties under the AODA include:

• • Corporations can be fined up to $100,000 per day.

• • Individuals and unincorporated organizations can be fined up to $50,000 per day.

• • Directors and officers of a corporation or organization can be fined up to $50,000 per day.

According to current enforcement guidelines, businesses face larger fines for their first violations, and these penalties can apply every day that the violation continues. (Continue)

White House Embraces WCAG with Accessibility Updates

January 29, 2021 – President Joe Biden’s administration has revamped the official Whitehouse.gov website, implementing new features intended to improve access for people with disabilities. The redesigned site contains an accessibility statement detailing the administration’s goals.

WordPress Sites Aren’t Automatically Accessible

Why Digital Accessibility Should Be a Priority in Employment – August 25, 2020

Business owners sometimes think of accessibility as an impediment — a series of tasks that must be undertaken to comply with the Americans with Disabilities Act (ADA) and to ensure that employees don’t face discrimination. After the hiring process is finished, the responsibility is largely over; the company has fulfilled its basic obligation to its workers. Simple, right?

Not quite. It’s true that for any company with 15 or more employees, ADA compliance in employment is mandatory, and discriminatory practices can result in serious consequences. But hiring an employee with disabilities doesn’t prevent discrimination in the workplace or empower that worker to perform their job.

To build a better business — and enjoy the sizable benefits of an accessible work environment — employers need to treat accessibility as a priority. That’s especially true considering the changing economy. More employees are working from home than ever before, which means that they’re relying on different types of technologies to handle everyday tasks. For people with cognitive and physical impairments, these changes can bring new challenges, and employers need to be prepared to address potential issues.

The U.S. Equal Employment Opportunity Commission (EEOC) provides guidance to help businesses avoid violations. However, as we frequently note, decision makers need to treat accessibility as a mindset, not a checklist — especially when day-to-day work tasks change suddenly and dramatically… (Full article)

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To check your website for accessibility, use the accessibility checklist published by the U.S. Department of Health and Human Services (1194.22 Web-based intranet and internet information and applications):

• • Every image, video file, audio file, plug-in, etc. has an alt tag

• • Complex graphics are accompanied by detailed text descriptions

• • The alt descriptions describe the purpose of the objects

• • If an image is also used as a link, make sure the alt tag describes the graphic and the link destination

• • Decorative graphics with no other function have empty alt descriptions (alt= “”)

• • Add captions to videos

• • Add audio descriptions

• • Create text transcript

• • Create a link to the video rather than embedding it into web pages

• • Add a link to the media player download

• • Add an additional link to the text transcript

• • The page should provide alternative links to the Image Map

• • The <area> tags must contain an alt attribute

• • Data tables have the column and row headers appropriately identified (using the <th> tag)

• • Tables used strictly for layout purposes do NOT have header rows or columns

• • Table cells are associated with the appropriate headers (e.g. with the id, headers, scope and/or axis HTML attributes)

• • Make sure the page does not contain repeatedly flashing images

• • Check to make sure the page does not contain a strobe effect

• • A link is provided to a disability-accessible page where the plug-in can be downloaded

• • All Java applets, scripts and plug-ins (including Acrobat PDF files and PowerPoint files, etc.) and the content within them are accessible to assistive technologies, or else an alternative means of accessing equivalent content is provided

• • When form controls are text input fields use the LABEL element

• • When text is not available use the title attribute

• • Include any special instructions within field labels

• • Make sure that form fields are in a logical tab order

• • Include a ‘Skip Navigation’ button to help those using text readers

(Courtesy U.S. Department of Health and Human Services) If the site meets all these criteria, it is likely ADA accessible. The best test is to obtain feedback on the site’s ease of use from people who are blind, deaf, and have mobility disabilities, then address their feedback with site improvements.

Web developers need to keep this in mind when creating websites. The best screen readers use naturalized voices and alter tone and inflection based on HTML tags, so choose layout elements carefully. It is also important to keep in mind that navigation is significantly slower when using a screen reader than it is for sighted people. Sighted people don’t have to wait for the reader to get to the link we want, unlike an ADA compliant menus.  Minimizing graphics also helps shorten reading times and speed navigation for disabled users. http://www.natlawreview.com/article/your-website-ada-compliant
https://www.w3.org/WAI/eval/preliminary

5 Things to Consider Regarding Web Accessibility – webprofessionals.org June 2019

WPEngine Webinar – Feb 2018

Section 508 – Added to Rehabilitation Act of 1986 / 1998 – Mandatory for Federal Web SIte
ADA – American Disabilities Act (1990) – Public Accommodation – 2017 is set as ‘Inactive Action’
WCAG – 3 levels of compliance A, AA, AAA – Perceivable, Operable, Understandable & Robust
Common Pitfalls –

PERCEIVABLEs – Not using alt tags, not using subtitles / audio descriptions for videos, poorly created PDFs,
OPERABLE – Keyboard functionality, links should be more than ‘Learn More’
UNDERSTANDABLE – Missing HTML language attribute, Forms missing labels / ARIA ties.

Simply have an Accessibility Plan – Good color usage, Forms, Audio descriptions, captions, etc.
KISS – Test, Test, Test (SiteImprove, WAVE) – IMPROVING
Web Design should be usable by ALL people, ALL browsers, ALL screens.
Long lasting benefits of usability – Ease of Mind for all people – Increase User Base – Good for SEO (Tags, transcripts, etc.) – Increased Conversions

Accessibility & WordPress – ‘Enable Accessibility Mode’ tab in Widgets –
PLUGINS – wA11y -> Tota11y / WAVE WebAIM … Amazon Polly -> (high quality audio versions of Blog posts) … WP Accessibility Plugin -> ads & removes features.

Accessible Themes – Found in the Repository (Very Good)
Premium Themes – The closest in the Genesis framework.

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4 Principles of ADA Compliance

The four principles involved are that websites must be perceivable, operable, understandable, and robust, or POUR. Within each principle are guidelines, and within each guideline are techniques and failure examples.

Here’s a list directly from W3C and WAI:

Despite Americans with Disabilities Act, websites are often inaccessible to the impaired

Many of the headlines began the same way: “Blind man sues Playboy …”

That’s page view gold for news websites.

Stories breathlessly detailed Donald Nixon’s lawsuit claiming the Playboy website lacks compatibility with screen reading software, including “alt text” used for photo descriptions.

That was in November 2018.

Would the reaction have been the same if the lawsuit targeted websites with crucial public policy information? Take the websites for all of the 2020 presidential candidates, for example.

Voters with disabilities who try to begin making informed decisions about presidential candidates may be stymied when visiting any websites for candidates of both parties.

Democracy for the disabled

Before the recent Democratic candidate debates, the staff of the Miami Lighthouse for the Blind and Visually Impaired audited all candidate websites, finding that none of them fully comply with the 1990 Americans with Disabilities Act.

According to the U.S. Census Bureau, in 2016, about 12.9% of the population has some form of disability. Add to that aging baby boomers who may have reduced vision, hearing and mobility. Their digital door to the world is often closed.

Awareness: I have a disability everyone can see. My bipolar friend who died by suicide did not.

Earlier this year a federal appeals court ruled that the ADA’s Title III applies to pizza giant Domino’s website and app as a place of public accommodation. The company is now asking the Supreme Court to review the case.

Organizations claim to support diversity with lofty mission statements. They profess to want diverse students, employees, suppliers, customers, constituents and voters. Yet their websites fail to fulfill those goals.

Similarly, state and municipal governments face lawsuits for inaccessible meeting agendas, records and other documents. The misguided solution, in some cases, has been to remove all documents to avoid the risk.

A recent analysis of the home pages of the top 1 million websites using international guidelines revealed accessibility errors on over 97% of those pages.

Health care in America: I had a good job and insurance — but high health care costs still drove me to bankruptcy

In 2018 there were over 2,200 lawsuits filed against businesses and organizations for violating Title III of the ADA.

The web is supposed to be accessible

I learned first-hand how the internet is a window to the world while I was recovering from a near-fatal accident almost 20 years ago when the internet was in its infancy. The web allowed me to explore and participate in a way that would have been impossible prior to the internet. That’s one of the reasons I started my business — I knew the web could make the world a fairer, more responsible place.

In comparison to brick and mortar properties, websites require less effort and expense to be made accessible.

For years, automatic doors, elevators, and braille on keypads, to name a few things, have provided everyone access to brick-and-mortar businesses. Prior to the passage of the ADA, there was no internet as we know it today. That doesn’t negate the need to offer equal access for all website users.

Where are the regulations?

Health care focus of 2020: Democrats can beat Trump on health care if they focus on high costs and economic security

In 2018, Rep. Ted Budd urged the Department of Justice to act on web accessibility. In response, the department affirmed the position from 20 years ago that stated Title III applies to public accommodations, adding that it has consistently held that “the absence of a specific regulation does not serve as a basis for noncompliance with a statute’s requirements.”

Why the surprise over the filing of lawsuits over this issue? Some argue that law firms are seeking an easy revenue stream. Nonetheless, the issue of web accessibility must be addressed.

The DOJ offered a sliver of clarity when it said accessibility alternatives could be implemented, such as a 24/7 call center to help users with disabilities.

However, that clarification shows a lack of vision.

In the end, the DOJ kicked the ball to Congress, calling on them to use their legislative power to clarify how the ADA applies to websites.

Legislation that would have provided some limited liability protection for organizations failed. That legislation offered no guidance on compliance.

Something has to give.

People with disabilities deserve equal access. Businesses deserve a clearer path.

The costs of retooling websites scares some companies. The ongoing costs of maintaining a 24/7 call center could be even more costly.

Looking at website accessibility, companies focus on three reasons for choosing to remodel their digital front door:

►Avoiding risk: Let’s do it, so we don’t get sued

►Commercial opportunity: Let’s sell more stuff

►It’s the right thing: Let’s welcome everyone. This reason demonstrates what great corporate citizenship is all about  welcoming everyone. Also, it achieves the first two reasons.

Companies that offer accessible websites for the third reason will win in the court of public opinion.

The internet, after all, should equalize information and opportunity for everyone.

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SEN Article – https://www.searchenginenews.com/se-news/update/C648/#6691

Accessibility Testing Tools

• • WP Accessibility — provides features that fix accessibility issues in your site.

• • Contact Form 7: Accessible defaults — generates accessible contact form defaults in Contact Form 7

• • Accessibility Widget — add a sidebar widget to change text size in your site.

• • Zoom — enable site visitors to resize the predefined areas of your site.

• • WAVE – run the WAVE accessibility evaluation tool within Firefox.

• • Total Validator — an (X)HTML validator, an accessibility validator, a spell checker, and a broken links checker all rolled into one tool. Free & commercial versions available.

• • https://wordpress.org/plugins/wp-accessibility-helper/

• • Gravity Forms – WCAG 2.0 form fields

• • Accessibility Poetry – WordPress Accessibility Plugin that provide solutions to common accessibility issues in websites. can help you keep your website more in line with the WCAG 2 and to expose your website to people with disabilities. What does the plugin include? Accessibility Toolbar with buttons to change the font size, contrast, etc.

Website Accessibility Under Title II of the ADA – Link

• • Problem: Images Without Text Equivalents
    Solution: Add a text description to every image using the img alt tag.

• • Problem: Documents Are Not Posted In an Accessible Format
    Solution: Adobe PDF files are screen reader compliant – IF they are in text format. You should avoid using documents that have been scanned, if at all possible. Those that have been scanned need OCR to convert content into text format. A few resources to help with that are here and here.

• • Problem: Specifying Colors and Font Sizes
    Solution: Allow your font size and color to be adjusted within a user’s browser or use universal not specialty fonts.

• • Problem: Videos and Other Multimedia Lack Accessible Features
    Solution: Include detailed descriptions of all non-text resources on your websites, captions for your videos and when possible full transcriptions.

• • Problem: Forms and Site Navigation are Hard or Impossible for Impaired Users to Navigate
    Solution: Make each field accessible by labeling each website element with a descriptive HTML tag. If the link is image based, be sure to describe it using the title=”description” variable on the anchor tag.

• • Problem: Users Need Alternatives to Essential Web based Information
    Solution: Clearly post alternative contact details your website visitors can use to gain access to all essential information in an ADA friendly way.

Other ADA Accessibility Notes
YouTube – Subtitles / Transcripts are also required.
Use good design practices and structure – H1s/ H2s, etc. Alt tags, etc.

Chrome Extension – Ally and Chrome Vox Screen Reader
Safari – Screen Reader