Absent the adoption of specific technical requirements for websites through rulemaking, public accommodations have flexibility in how to comply with the ADA’s general requirements of nondiscrimination and effective communication. Accordingly, noncompliance with a voluntary technical standard for website accessibility does not necessarily indicate noncompliance with the ADA.

Now you know that some types of content and format on webpages can pose barriers for people with disabilities. The next steps are to develop an action plan to fix web content that is currently inaccessible and implement procedures to ensure that all new and modified web content is accessible. The website accessibility checklist included in this section helps you assess what needs to be done.
For discussion’s sake – while I don’t know the specific nature of your videos, my guess is that they might be demonstrating various techniques or other content in which simply hearing the audio of the video wouldn’t deliver the full context of the content. If making that content accessible is something you’d want to do, you’d likely want to start with a written description of what takes place in the video. Beyond that, high contrast vector images or diagrams showcasing specific parts of the technique would certainly help.
If you’re specifically checking website compliance with the ADA, the best tool to use would be one that tests for the technical requirements of the Web Content Accessibility Guidelines (WCAG) 2.0 Level A and AA.7 These are widely accepted as the most comprehensive and complete accessibility requirements for digital technology such as websites and electronic documents. WCAG 2.0has even been published as an international standard by the International Organization for Standardization, and is written into anti-discrimination laws and policies in many jurisdictions and countries.
Accessibility Checker, created by CKSource, is a software program that allows you to inspect the accessibility level of content that is created in CKEditor. The software was released on March 20, 2015, and is known as an innovative solution for web accessibility. When accessibility issues are spotted, the product allows you to solve those issues immediately as they are found. The product is user-friendly in that it assists by providing users with step-by-step accessibility evaluation guidance. The product comes in both English and Dutch versions, and the supported formats are CSS, HTML, and XHTML. The Guidelines include WCAG 2.0 – W3C Web Content Accessibility Guidelines 2.0, WCAG 1.0 – W3C Web Content Accessibility Guidelines 1.0, Section 508, and U.S. federal procurement standard. You can test the product out in a trial or demo format, and once a purchase is made, the license can be both commercial and enterprise.
Another federal agency, the Architectural and Transportation Barriers Compliance Board (ATBCB), also known as the Access Board, issues guidelines to ensure that buildings, facilities and transit vehicles are accessible to people with disabilities. The Guidelines & Standards issued under the ADA and other laws establish design requirements for the construction and alteration of facilities. These standards apply to places of public accommodation, commercial facilities, and state and local government facilities.
Absent the adoption of specific technical requirements for websites through rulemaking, public accommodations have flexibility in how to comply with the ADA’s general requirements of nondiscrimination and effective communication. Accordingly, noncompliance with a voluntary technical standard for website accessibility does not necessarily indicate noncompliance with the ADA.
The Americans with Disabilities Act (ADA) and, if the government entities receive federal funding, the Rehabilitation Act of 1973 generally require that state and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden.2 One way to help meet these requirements is to ensure that government websites have accessible features for people with disabilities, using the simple steps described in this document. An agency with an inaccessible website may also meet its legal obligations by providing an alternative accessible way for citizens to use the programs or services, such as a staffed telephone information line. These alternatives, however, are unlikely to provide an equal degree of access in terms of hours of operation and the range of options and programs available.
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