The landscape of disabled access litigation related to online services has significantly changed and expanded over the past decade. Initially, the internet was an area of little concern as courts uniformly held that the ADA applied to "brick and mortar" facilities, not to cyberspace. This has changed and online accessibility is presently, and will continue to be, an area of significant investigation and litigation.
People with disabilities that affect their sight, hearing, or mobility may have difficulty accessing certain parts of websites and other online properties unless certain accommodations are made. Just as businesses may need to make adjustments to their physical location so that disabled customers have easy access to the premises, companies may need to adjust certain aspects of their websites so individuals with disabilities can take full advantage of all the features and services.
The large number of people who have disabilities, coupled with the challenges that they face, is one of the reasons that the Americans with Disabilities Act (ADA) was passed in 1990.² As its name suggests, the ADA is designed to protect individuals with disabilities in the United States. The ADA essentially makes it illegal for any government entity or business to provide goods and services to the general public without ensuring that the entities are accessible by people with disabilities. In today’s digitally driven world, many businesses fail to follow web accessibility best practices. In fact, this is why the Supplemental Advanced Notice of Proposed Rulemaking (SANPRM) was created by the U.S. Department of Justice (DOJ). To ensure that they are implementing digital accessibility best practices, organizations are encouraged to use the WCAG 2.1 technical requirements.³
Distinguishable: To assist color-blind users and those with other visual impairments, color is never used as the sole means of conveying information or prompting the user. Audio lasting more than 3 seconds can be paused, or the volume can be controlled independently of the system volume. Regular text has a contrast ratio of at least 4.5:1, and large text has a contrast ratio of at least 3:1. In addition, text can be resized up to 200 percent without causing issues with the website.
COMPLYFirst Professional, a program offered by Odellus Corporation, works specifically as a desktop application and is not server based. It provides Automated and Manual DOM interface web accessibility testing and provides reports to management and QA analysts, as well as remediation code samples to developers. The company does provide training classes as well as evaluation of your site’s current web accessibility.

Your site would need to have a text only option, with all functionality accessible through a keyboard for visitors with mobility issues. Once you make these and other changes to meet ADA guidelines, your site would need to be tested by a website development company familiar with ADA compliance issues to be sure that visitors who use assistive technology such as screen readers are able to access your web content fully.
If posted on an accessible website, tax forms need to be available to people with disabilities in an accessible format on the same terms that they are available to other members of the public – 24 hours a day, seven days a week, without cost, inconvenience, or delay. A staffed telephone line that sent copies of tax forms to callers through the mail would not provide equal access to people with disabilities because of the delay involved in mailing the forms.

Today, all modern websites incorporate a diversity of images, graphics, videos, and a plethora of other visual elements. The trouble is that assistive devices like screen readers can’t “read” visuals. That’s why WCAG 2.0 standard stipulates that website developers use alternative text descriptions for all visual elements. These include alt-text, alt-tags, closed caption text, and so forth.
The Department of Justice may file lawsuits in federal court to enforce the ADA Compliance, and courts may order compensatory damages and back pay to remedy discrimination if the Department prevails. Under title III, the Department of Justice may also obtain civil penalties of up to $55,000 for the first violation and $110,000 for any subsequent violation of ADA Compliance.
Blind people, those with low vision, and people with other disabilities that affect their ability to read a computer display often use different technologies so they can access the information displayed on a webpage. Two commonly used technologies are screen readers and refreshable Braille displays. As discussed above, a screen reader is a computer program that speaks the text that appears on the computer display, beginning in the top-left corner. A refreshable Braille display is an electronic device that translates text into Braille characters that can be read by touch. These assistive technologies read text. They cannot translate images into speech or Braille, even if words appear in the images. For example, these technologies cannot interpret a photograph of a stop sign, even if the word “stop” appears in the image.
DOJ’s September 25 response did not do what the members asked, but it did provide some helpful guidance and invited Congress to take legislative action to address the exploding website accessibility litigation landscape. DOJ first said it was “evaluating whether promulgating specific web accessibility standards through regulations is necessary and appropriate to ensure compliance with the ADA.” (This is helpful – to at least know this issue has not fallen totally off DOJ’s radar.) It continued:
The FAE evaluates a web page for its accessibility by referencing the ITAA Web Accessibility Standards which are based on the WCAG 1.0 and Section 508 guidelines. The results of the evaluation are broken into 5 categories: Navigation and Orientation, Text Equivalents, Scripting, Styling and HTML Standards. The judging of the overall performance in each category is a percentage, divided between Pass, Warn and Fail – thus enabling you to focus on the specific areas with most problems.
Federal law isn't the only consideration for businesses. Additionally, each state interprets the law differently. Consider the case against Netflix in 2012. Lawsuits were brought in federal court in Massachusetts and California. Netflix was accused of violating the ADA by not offering "closed captioning" options for its Internet streamed movies. Illustrating the complexity of this issue, the courts reached completely opposite decisions. Massachusetts held that Netflix must comply with the ADA, while the California court found that Netflix did not fall under the ADA's definition of "public accommodation."

President George H.W. Bush signed the Americans with Disabilities Act into law July 26, 1990. The ADA prohibits discrimination of people with disabilities and guarantees the same opportunities as everyone else. These opportunities include employment possibilities, purchasing of goods and services and the ability to participate in State and local government programs.
Accessibility Checklist, provided through Elsevier, offers a free and easy way to review the most recent and relevant web accessibility guidelines. The checklist was released on March 20, 2015 and covers guidelines WCAG 2.0—W3C Web Content Accessibility Guidelines 2.0, Section 508 and U.S. federal procurement standards. The checklist gives a simplified language framework, and the user interface is easy to navigate. Users can filter the guidelines by topic, and these topics include keyboard, images and forms. Another filter option includes filtering by standard levels, including A, AA, or AAA.

The most recent version was released March 11, 2002. The guidelines covered include WCAG 2.0—W3C Web Content Accessibility Guidelines 2.0, Section 508, and U.S. federal procurement standards. The program generates findings of evaluation results, giving step-by-step evaluation guidance, exhibiting results and information within the page and altering the presentation of web pages. It checks single pages automatically, as well as websites or groups of pages, including those with password protected or restricted pages. Supported formats include CSS, HTML, XHTML, PDF documents, and Images. Licenses are available for commercial and enterprise purposes.
There are various changes/features that come with the current subscription version, including a new collaborative PDF review service that makes it simpler than ever to collect feedback from reviewers. It also has a new unified experience across all devices — from mobile to web to desktop — with an updated home view, document viewer, tools panel, commenting capabilities, and more. In addition, there’s an all new edit PDF functionality available for Android tablets. The ability to edit PDFs on Apple iPad’s has also been improved.
AMP generates reports of evaluation results and provides users step-by-step evaluation guidance. The report format is in HTML. AMP is an online checker, hosted service and server installation. The program automatically checks groups of web pages, websites or single web pages, as well as password protected or restricted pages. Browser plugins include Firefox, Internet Explorer 8, and Internet Explorer 9. Suggest formats are PDF documents, CSS, HTML, XHTML, PDF, XML Javascript, AJAX, and ARIA. The most recent version was released on June 1, 2004. License include both enterprise and commercial.

According to the DOJ, “Being unable to access websites puts individuals with disabilities at a great disadvantage in today’s society.” With these words in mind, the DOJ has rapidly adopted the role of web accessibility enforcer. A failure to make digital content, including websites, accessible to all individuals regardless of their emotional, physical, or mental disabilities, can result in hefty fines and class action lawsuits. In short, the DOJ is dedicated to making sure that individuals with disabilities have the same equal access to the benefits that are available online. Creating equal access is only possible if organizations a) understand the requirements of web accessibility, b) know that web accessibility is an obligation under the ADA, and c) make web accessibility a priority. The value that awaits when organizations adhere to digital accessibility laws can be measured in more than dollars and cents.

ADA website compliance is about making sure that everyone has equal access to all the elements on your website and apps. That may mean you need to provide alternatives for some of the functions and content on your site in order to meet ADA website compliance standards. Here’s a quick rundown of some of the accommodations that need to be incorporated into your website to meet the ADA guidelines:
Enough Time: Users have sufficient time to read and use the website’s content. If part of the website has a time limit, users are able to turn off the time limit, or they can adjust or extend it to at least ten times the default limit (unless the time limit is essential to the website’s functionality, such as auction websites like eBay). Content that moves, blinks, or automatically updates can be paused or stopped unless it’s essential to the website’s functionality.
There are various changes/features that come with the current subscription version, including a new collaborative PDF review service that makes it simpler than ever to collect feedback from reviewers. It also has a new unified experience across all devices — from mobile to web to desktop — with an updated home view, document viewer, tools panel, commenting capabilities, and more. In addition, there’s an all new edit PDF functionality available for Android tablets. The ability to edit PDFs on Apple iPad’s has also been improved.
Hey OB – Disclaimer – none of this is legal advice and you’d want to check with a lawyer to know if you’re at risk for any action if you’re not ADA compliant. Based on what we’ve seen if you don’t have a physical retail or service location, and you don’t receive any funding from the government you likely aren’t required to have a website that would be considered compliant. Some people expect that to change in the next few years, but that’s what we know for now. Let us know if you have more questions or would like to test your site.
The A11Y Compliance Platform is offered through the Bureau of Internet Accessibility. The platform gives tools, reports and services to help companies and organizations maintain and defend the web site’s accessibility and integrity. The standards and guidelines that are used in this platform include Web Content Accessibility Guidelines, Section 508 and the Americans with Disabilities Act (ADA). How it works is each client is assigned a dedicated Client Manager who oversees their site. This manager takes on all aspects of the project, and this includes identifying the client’s specific needs and ensuring that milestones are met during the Audit. They offer dedicated attention to the company and serve as the experts who can help navigate them through the complex requirements. The most recent version, Version 5, Release 3.4 was released in November 2013. The platform generates reports of evaluation results, and the offered managers will help go through these results in a step-by-step fashion. The platform will automatically check single web pages as well as groups of web pages or websites. This is a web-based, online, hosted service, and licensing is available for commercial and enterprise. Supported formats include CSS, HTML, XHTML, SVG, PDF, Images, and SMIL.
For most people, the Americans with Disabilities Act (ADA) conjures up pictures of physical accommodations such as wheelchair ramps near building entrances, handicapped parking spaces, and the use of braille writing on signs and placards. These measures have been tremendously valuable in helping the 56.7 million Americans with a disability function and thrive within society.
Many people with disabilities use assistive technology that enables them to use computers. Some assistive technology involves separate computer programs or devices, such as screen readers, text enlargement software, and computer programs that enable people to control the computer with their voice. Other assistive technology is built into computer operating systems. For example, basic accessibility features in computer operating systems enable some people with low vision to see computer displays by simply adjusting color schemes, contrast settings, and font sizes. Operating systems enable people with limited manual dexterity to move the mouse pointer using key strokes instead of a standard mouse. Many other types of assistive technology are available, and more are still being developed.
The 2014 case involving Peapod, an online grocery retailer emphasizes that being ADA compliant goes beyond your website. The settlement required Peapod to make its mobile applications accessible by March 2015 and its website accessible by September 2015. Since mobile apps are fast becoming the preferred method of online shopping, e-commerce sites must focus on app accessibility too. 
HiSoftware Compliance Sherrif Web, offered through HiSoftware Inc., is a platform that monitors and helps to enforce web accessibility guidelines on public web sites and portals and intranets. This program enables organizations to easily validate and watch content on their sites, checking them for compliance contrary to standards-based (WCAG, Section 508) and custom policies for accessibility.
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