As organizations around the world scramble to bring their sites into compliance with the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG), focus on other, preexisting accessibility regulations has also intensified. The United States’ Americans with Disabilities Act (ADA) is one of the most visible and complicated pieces of accessibility legislation. Let’s look at some of the ins and outs of what an ADA compliant website means today. Or, if you're interested in seeing the nitty-gritty details of your site's accessibility, request a free website audit report using the form on this page.
This plugin has been very useful in creating a fully ADA compliant site. Not only is it cheaper than most plugins, it encourages you as you work on the site. Letting you know what needs changed, and how far you have left to go. There's been a few issues' I've noticed with the builder "Themify", in the scanning. But whatever the issue is, most of the time the plugin creator has been very helpful in resolving these issues. The creator of the plugin responds within about 3 hours or less whenever you email. Most the time it's less than 30 minutes depending on the issue. Very glad to have such great support for the plugin. I highly recommend any business that is looking for building a ADA Compliant site, to use this plugin as it has done a great job for websites I use, and it's got a great price tag! It's well worth the price, and the additional features it gives to show you the definition of what each error is, is very useful.
This particular lawsuit amounted to nothing more than a shakedown for cash, as the current laws would make it difficult to win the suit in court (more about this later) but it prompted me to dive deeper into the issue of ADA compliance. Through my research, I discovered there are some new laws on the horizon that could make ADA compliance mandatory, which means web designers and digital marketers need to know how to prepare.
Consequently, the Department intends to publish a Notice of Proposed Rulemaking (NPRM) to amend its Title II regulations to expressly address the obligations of public entities to make the websites they use to provide programs, activities, or services or information to the public accessible to and usable by individuals with disabilities under the legal framework established by the ADA.
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.
Upon first recognizing this possible application of Title III of the ADA in 2003, the DOJ laid out a Voluntary Action Plan for government agencies and private entities, and later followed that up with a short list of recommendations in 2007. In 2010, the DOJ seemed to be picking up steam on this topic when they released a Notice of Advance Rulemaking -- stating that they were “considering revising the regulations implementing Title III of the ADA in order to establish requirements for making the goods, services...offered by public accommodations via the Internet, specifically at sites on the World Wide Web, accessible to individuals with disabilities.”
The ADA guidelines are often updated so that businesses can better understand how various disabilities can affect the way that people will interact with websites and digital content. The guidelines also explain why certain barriers can prevent disabled individuals from using or even accessing a website. With these goals in mind, it is important to note that organizations need to review the guidelines on a yearly basis. New technologies, such as Artificial Intelligence10, are being used to help people with disabilities get the most out of the digital world. If organizations fail to read the latest ADA guidelines, then they will soon discover that their approach to web accessibility is outdated, and they might be in violation of digital accessibility laws.
On the legal side, ambiguity in the law and the speed at which technology and dependence on the Internet has developed created an opportunity for litigation all over our nation. As these cases have moved through our system, the courts have been nearly split -- with the 1st, 3rd and 7th Circuits ruling that the ADA does apply to websites, while the 6th, 9th and 11th Circuits have ruled that it does not. These latter rulings have all been based on the interpretation that the ADA is focused on physical location and requires a nexus test. Other circuit courts in the United States have yet to rule on the topic.
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