Accessibility is important and should be a part of your company or organization’s long-term digital presence strategy. As the web grows ever more refined and personalized, it will no longer be just other entities like the government, Google and the DOJ that expect your site to function with all possible populations in mind. Individual users of all backgrounds, abilities and experience will expect and demand that your site be clear, easy to use and accessible to all.
In response to the members’ concern about the proliferation of website litigation lawsuits, DOJ said: “Given Congress’ ability to provide greater clarity through the legislative process, we look forward to working with you to continue these efforts.” DOJ is essentially putting the ball back in the Congressional court, where little is likely to happen.
Without a crystal ball, it’s difficult to gauge where the Trump administration will direct the DOJ on ADA regulations in relation to websites moving forward, if they do at all. The administration has already emphasized a desire to move away from regulation and those with a vested interest in the application of the ADA to websites have taken that as a signal that the already thrice delayed process will continue to be pushed down the list of priorities.
Enacted in 1990, this civil rights statute was created for the purpose of limiting discriminatory practices towards individuals with disabilities. This act and its amendments guarantee equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation. Both public and private entities are affected by the ADA.
If you do get sued, if you immediately remediate your website, you may be able to get the lawsuit dismissed on mootness (there’s no longer anything in dispute, i.e. plaintiffs are arguing your website is inaccessible but you’ve already made it accessible). This definitely does not mean you should wait to fix your website but it does mean you may have an out.
Poorly designed websites can create unnecessary barriers for people with disabilities, just as poorly designed buildings prevent some people with disabilities from entering. Access problems often occur because website designers mistakenly assume that everyone sees and accesses a webpage in the same way. This mistaken assumption can frustrate assistive technologies and their users. Accessible website design recognizes these differences and does not require people to see, hear, or use a standard mouse in order to access the information and services provided.
In some circumstances, longer and more detailed text will be necessary to convey the same meaningful information that other visitors to the website can see. For example, a map showing the locations of neighborhood branches of a city library needs a tag with much more information in text format. In that instance, where the map conveys the locations of several facilities, add a “longdesc” tag that includes a text equivalent description of each location shown on the map – e.g., “City Center Library, 433 N. Main Street, located on North Main Street between 4th Avenue and 5th Avenue.”
The Trump administration’s DOJ had previously promised to begin using WCAG 2.0 as its formal standard for web accessibility. However, the DOJ recently included this action as part of the department’s “inactive list,” which means that it’s not likely to be adopted in the near future. As a result, a clear standard to judge an organizations’ web accessibility will continue to be interpreted, and the number of ADA website lawsuits is not expected to slow down any time soon.
The words in the tag should be more than a description. They should provide a text equivalent of the image. In other words, the tag should include the same meaningful information that other users obtain by looking at the image. In the example of the mayor’s picture, adding an “alt” tag with the words “Photograph of Mayor Jane Smith” provides a meaningful description.