All public-facing websites should evaluate and consider compliance with ADA laws related to their industry. That is, your website should aim to be accessible to users with a disability. Failure to comply with this requirement can lead to potential legal issues and challenges, particularly in some industries. Fortunately for WordPress site owners, there are at least a dozen plug-ins specially designed to help you achieve greater measures of ADA compliance with minimal costs and work involved. The following are five options to consider to make your WordPress website ADA compliant.
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fail to read the latest ADA guidelines, then they will soon discover that their approach to web accessibility is outdated, and they might be in violation of digital accessibility laws.
A one of a kind plug-in, WP ADA Compliance Check Basic does just that – checking WordPress websites for ADA compliance. There are two ways to use it. First, you can schedule a whole-site scan to find out any ADA compliance issues. Secondly, you can set it to run every time new content is published. When set this way, the plug-in will identify and report on any ADA compliance issues found in the new content as well as recommend possible solutions. The full version even corrects some of the uncovered issues automatically.
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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:
Case law has been the most helpful in illuminating the implications of the ADA for websites.There have been lawsuits involving companies like Expedia, Hotels.com, Southwest Airlines, and Target as defendants and primarily featuring accessibility organizations as plaintiffs. These cases had mixed results, but each helped clarify the ADA's jurisdiction on the web.
Web designers often design in such a way that does not allow the user to adjust font size or color. While they may be protecting their brand, they are also inhibiting some users. Many visually impaired need to use high contrast color settings or very large fonts to read a website. Don't design your website in a way that makes it impossible for them to do this.
The statement that “noncompliance with a voluntary technical standard for website accessibility does not necessarily indicate noncompliance with the ADA” is new and significant. It is a recognition that a website may be accessible and usable by the blind without being fully compliant with the privately developed Web Content Accessibility Guidelines (WCAG) 2.0 or 2.1. The statement confirms what some courts have said so far: That the operative legal question in a website accessibility lawsuit is not whether the website conforms with WCAG, but whether persons with disabilities are able to access to a public accommodation’s goods, services, and benefits through the website, or some alternative fashion.
Up-to-date standards are offered for checking compliance, and it provides a cost-effective way to scan a site for compliance. There's services out there where it'd cost more than $150 (the current cost of a 1 site 1 year license) for the size of the sites I'm working with. I'm very happy to see this offering in the first place, and it's even nicer to see how thorough it looks to be. Of course, it's not perfect so I'd love to see more of the WP.org listing fleshed out (the developer author/contributor mention is missing, etc.), I'd love to see the free version on GitHub (or similar for community development assistance [I have a few things I'd help with] which is very nice to see in a WP.org listing to show there's support / ongoing development for the plugin), and of course I'd love to see the server-side checker come to feature-parity with WAVE (currently WAVE is showing a few things the server-side checker doesn't have [color contrast, etc.]) Keep up the great work!
For close to seven years, since July of 2010, the United States Department of Justice (DOJ) has talked about issuing regulations specifically about web accessibility. At that time the US Department of Justice (DOJ) began developing accessibility guidelines for public websites under Title III of the Americans with Disabilities Act (ADA). On December 26, 2017, the Department announced that those regulations were officially withdrawn.
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.”
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.
It is worth noting that before the settlement, Netflix attempted to argue that, due to its role as a streaming video distributor, any legal action should pertain to the 21st Century Communications and Video Accessibility Act (CVAA), which, at the time, did not call for closed captions on content that had not previously aired on US television. However, the court ruled that these two laws are not mutually exclusive and that Netflix was not protected from ADA prosecution because of compliance with the CVAA.
Comply with Section 508 and WCAG 2.1 LEVEL A/AA Web Accessibility Standards on your websites. This one of a kind WordPress Web Accessibility plugin evaluates content for Web Accessibility issues anywhere on your website. This easy to use WordPress Web Accessibility plugin evaluates your website for Web Accessibility issues when content is published or you can run a complete scan of your website to identify issues in all of your content. Accessibility reports provide references and simple to follow instructions making it easy to correct issues in your website. The basic version is limited to 25 posts or pages during full scans and is unable to identify issues found in theme files. The full version corrects many common issues automatically using convenient, time saving filter options built into the plugin. Visit our website to compare versions and review a complete list of features.
Seyfarth’s ADA Title III team consists of attorneys with extensive experience in ADA Title III litigation located in many offices across the United States, including California where plaintiffs are most active. With additional litigators admitted to practice in virtually every jurisdiction in the country, we have the resources to defend our clients against lawsuits and investigations on a nationwide basis and provide consistent and efficient service in national engagements. We have successfully defended against or resolved hundreds of lawsuits brought under Title III of the ADA and applicable state laws.
This past September marked the first time a judge ruled that the ADA applies even to businesses without a physical location. Scribd, an e-book subscription service is considered to provide "a place of public accommodation." Their services are not accessible to blind persons because they cannot be read with a screen reader. The judge reasoned, "Now that the Internet plays such a critical role in the personal and professional lives of Americans, excluding disabled persons from access to covered entities that use it as their principal means of reaching the public would defeat the purpose of this important civil rights legislation."
(emphasis added). The fact that public accommodations have “flexibility” in how to comply with the ADA’s effective communication requirement has been lost in the past eight years, even though DOJ made this point in its 2010 Advanced Notice of Proposed Rulemaking (ANPRM) for websites. In that document, DOJ stated that a 24/7 staffed telephone line could provide a compliant alternative to an accessible website. The few courts to have considered this argument in the context of an early motion to dismiss have recognized its legitimacy, but have allowed cases to move forward into discovery on this and other issues. There have been no decisions on the merits addressing the viability of having a 24/7 telephone option in lieu of an accessible website.
Meanwhile, the tech community and our courts system were forced to deal with the issue on their own. First, the tech community coalesced around a set of standards via the World Wide Web Consortium, establishing the Web Content Accessibility Guidelines in 2008 and later updating them in 2012 (WCAG 2.0), when they were also adopted as an ISO standard. Today, web designers and developers across the world use WCAG 2.0 to guide their design and development, typically aiming to meet all of the standards under Level AA.
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.
Use the plugin, follow its instruction, and resolve the compliance issues identified. You’ll find that using the plugin will save you an incredible amount of time as you maintain your site’s compliance on a month-to-month basis. The best part, it identifies the compliance issues and tells you exactly which code elements are out of compliance and why! Our average customer is reporting a 10x-20x time savings over manually identifying and fixing these problems. In extreme cases more than 30x time savings has been reported! Using the plugin alone does not guarantee compliance. Some parts of accessibility can’t be automatically scanned and must be manually audited but we also provide independent 3rd-party audits and certifications of compliance. The Accessibility Suite Pro Plugin for WordPress makes this process profoundly easier.