Legal Compliance Archives- Page 10 of 10/Category

What You Need to Know About ADA Web Accessibility Lawsuits
In today’s digital age, having an accessible website is more important than ever. The Americans with Disabilities Act (ADA) requires businesses to provide equal access to goods and services, including online content. Failure to comply with these regulations can impact your brand and result in costly lawsuits.

Whether you’re just at the beginning of the research process and trying to determine your exposure to an ADA lawsuit, responding to a recently received demand letter, or actively defending yourself against an ADA web accessibility lawsuit, you will need to know what you’re up against. In this post, we’ll explore what ADA compliance means, examine some high-profile lawsuits, and provide tips on protecting your website from ADA compliance lawsuits.

What is ADA Compliance?

When talking about ADA website compliance lawsuits, it’s important to understand that the ADA isn’t just any kind of law. It’s a civil rights law to ensure fairness and equality for all Americans. By prohibiting discrimination based on disability across five distinct parts of modern American life:
- Employment
- Government
- Places of public accommodation
- Telephones
- Other U.S. laws and regulations
The ADA is a “strict liability” law because it violates a person’s civil rights, inflicting inherent harm. Strict liability means that damage is possible without fault, and there is no defense against violations. In other words, you can’t say you didn’t know which requirements to follow or did not intend to cause any harm.

Losing an ADA accessibility lawsuit can be costly and result in an order to comply with the law and make your website compliant.

How Does ADA Compliance Relate to Websites?

Website accessibility enables individuals with disabilities to access and navigate websites using assistive technologies, such as screen readers or keyboard-only navigation. However, websites with barriers can limit the ability to access information and services online.

While the ADA does not explicitly mention digital content, the courts have interpreted the law to also apply to websites — specifically, Title III. Title III prohibits discrimination in places of public accommodation, including businesses and organizations that are open to the public. In 2010, the Department of Justice (DOJ) issued that websites are considered public places subject to the ADA’s requirements.

In recent years, a number of lawsuits have been filed against businesses and organizations failing to make their websites accessible. Unfortunately, these lawsuits can result in high financial costs, negative publicity, and reputational damage.

Examples of ADA Web Accessibility Lawsuits

ADA website compliance lawsuits can drag on for years, draining your time and resources. To give you an idea of what can happen, we will look at three notable ADA website accessibility lawsuits.

ADA Website Lawsuit #1: Netflix

In 2012, the National Association of the Deaf (NAD) filed a lawsuit against Netflix for denying equal access to deaf and hard-of-hearing individuals in the United States. The underlying lawsuit claimed that Netflix violated the Title III of the ADA by failing to provide closed captioning for “Watch Instantly” content streamed on its website.

The consent decree compelled Netflix to provide closed captioning to their online content within two years, along with all future content. In addition, Netflix had to pay $755,000 in legal costs and $40,000 to the National Association of the Deaf for monitoring.

ADA Website Lawsuit #2: H&R Block

Just one year later, in 2013, the DOJ joined the National Federation of the Blind, Mika Pyyhkala, and Lindsay Yazzolino in a suit against tax services firm H&R Block.

The suit required H&R Block to conform to WCAG 2.0 level-AA standards for their website and mobile app. The other terms of the agreement were:
- Provisions for designating a full-time website accessibility coordinator.
- Providing annual accessibility training to employees.
- Retaining an independent consultant.
H&R Block was also required to pay $22,500 to both Pyyhkala and Yazzolino, as well as a $55,000 civil penalty.

ADA Website Lawsuit #3: Domino’s Pizza

In 2016, Guillermo Robles claimed that Domino’s Pizza violated Title III of the ADA because their website and mobile app were not accessible to screen readers. A district court dismissed the initial case, but Robles appealed to the Ninth Circuit Court of Appeals, which came to a much different conclusion. The court opined the ADA does apply to websites and that Domino’s “had received fair notice” that its digital content must conform to the ADA.

In October 2019, the U.S. Supreme Court denied Domino’s petition to overrule the Ninth Circuit Court’s opinion. In fact, in June 2021, California federal court found that Domino’s had violated both Title III of the ADA and California’s Unruh Act, showing they still did not have an accessible website or mobile app for ordering. In the settlement summary, Robles was entitled to a mere $4,000 in statutory damages and Domino’s was required to bring its website into compliance with WCAG 2.0 guidelines.

How to Protect Your Site Against ADA Website Compliance Lawsuits

To limit your legal risk, you should endeavor to adhere to the Web Content Accessibility Guidelines (WCAG) 2.1 AA. WCAG is a set of internationally shared guidelines necessary for improving web accessibility. These guidelines are put together by the W3C (World Wide Web Consortium), athe defacto source for ensuring your website is accessible to all users.

To protect your website from ADA website compliance lawsuits, here are a few ideas of what the criteria require:
- Add alternative text descriptions for all non-text content (images, form fields, video, audio, etc.)
- Do not rely on only color as a visual means of conveying information, indicating an action, or prompting a response.
- Make sure everything on the site can interact through a keyboard interface.
- Navigational elements on the website are consistent and predictable across each page.
Team up with 216digital for ADA Web Compliance

ADA website compliance is no longer optional; it’s a legal requirement. If you need clarification on whether your site complies with the ADA’s WCAG 2.1 level-AA criteria, reach out to 216digital for a complementary ADA Strategy Briefing. We can help determine if your website is at risk of a lawsuit and offer fast and effective ADA compliance solutions that ensure your site is accessible to everyone and reduce your risk of litigation — letting you focus on what you do best.
Greg McNeil

April 10, 2023

Legal Compliance

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
What is Color Contrast and How Does it Affect Your Web Accessibility?
Color can be a tricky subject for an online business. It’s not just about how they look or your brand. Your color choices, and the relationships between them, can impact the user’s experience. For example, suppose your website’s colors don’t have enough contrast. As a result, portions of your site may be hard to read and navigate for people with visual impairments. So, what is color contrast, and how does it affect web accessibility?

What is Color Contrast?

Color contrast refers to the difference in brightness between two colors. When two colors have high contrast, they are easy to distinguish. On the other hand, when two colors have low contrast, they can be hard to tell apart.

Contrast is measured by a ratio, a numerical value ranging from 1:1 (no contrast) to 21:1 (maximum contrast). For example, white(#FFFFFF) and black(#000000) have the highest possible contrast ratio of 21:1. In contrast, white(#FFFFFF) and pure green(#00FF00) have a ratio of just 1.4:1.

When two colors overlap, such as text on a background, the benefits of a high contrast ratio become clear. For instance, reading black text on a white background is much easier than reading pure green text on a white background.

Why Does Color Contrast Matter for Web Accessibility?

For many people with visual impairments, color contrast can decide the readability and perception of content on a website. Unfortunately, many types of visual impairment can make reading text with low color contrast difficult.

For example, low contrast can cause problems for those who are color-blind. If two colors have the same brightness level, they can be almost impossible to tell apart. Similarly, users with low vision may require a high contrast to make the text more readable.

Therefore, if your website does not prioritize color contrast, you will risk cutting off a large portion of users from your online services or products.

Color Contrast and Web Accessibility

The Americans with Disabilities Act (ADA) is a civil rights law prohibiting discrimination against individuals with disabilities. The law requires reasonable accommodations to ensure that people with disabilities have the same opportunities as everyone else.

However, the ADA is not explicit about the criteria for the web or how to implement web accessibility. Instead, the courts and the Department of Justice (DOJ) rely on the Web Content Accessibility Guidelines (WCAG) as the international standard for web accessibility.

Under the ADA, WCAG is almost universally cited in lawsuits and settlements, showing that WCAG is essential to ADA compliance.

WCAG 2.1 Contrast Ratio

The Web Content Accessibility Guidelines (WCAG) 2.1 provides guidelines for color contrast that all websites should follow, including font size, weight, and color contrast.

Contrast Minimum

According to WCAG Success Criterion 1.4.3: Contrast (Minimum), the visual presentation of text and images of text must have at least a contrast ratio of 4.5:1.

However, there are three exceptions to the WCAG’s 4.5:1 contrast requirement:
- Large Text: Since large text is easier to read, the contrast requirement is reduced to 3:1. However, WCAG defines large text as 18pt or 14pt bold and larger.
- Incidental: Text or images of text that are part of a user interface component, pure decoration, not visible, or part of an image containing other significant content have no contrast requirement.
- Logotypes: Logos or brand names with text do not have contrast requirements.
Resize Text

On the other hand, WCAG Success Criterion 1.4.4: Resize Text requires that text can be resized up to 200% without assistive technology or loss of content and functionality. However, there is an exception for captions and images of text.

Images do not scale as well as text because they tend to pixelate. Therefore WCAG highly suggests using text wherever possible. It is also tricky to change foreground and background contrast or the colors of an image, which are necessary for some users.

Color Contrast and Litigation

WCAG’s 1.4.3 and 1.4.4 must be met to achieve real-world accessibility. However, there is some flexibility and nuance regarding these guidelines in litigation.

Generally speaking, color contrast does not tend to appear in ADA web accessibility lawsuits. Color-blind and low-vision users can use assistive technology to enhance contrast.

Since these tools are available, and most business owners are averse to altering their brand’s colors, we focus on barriers that assistive technology cannot resolve. We do not recommend making edits surrounding color contrast to fulfill the requirements of a non-compliance lawsuit. That said, working color contrast best practices into your design workflows is always encouraged.

However, WCAG 1.4.4 does appear in complaints and creates a bona fide access barrier if violated. All websites must be able to be zoomed to 200% while leaving a significant operable region of the page.

How Can I Make My Website More Accessible?

Plenty of design considerations go into website accessibility — from the layout of content to the use of images, typography, and even color.

However, your choice of color is one of the first things people notice about your brand. And if you implement it wrong, it can impact the user experience for all visitors — not just those with visual impairments. By following the WCAG 2.1 guidelines and considering factors like font size and weight, you can create a website accessible to everyone.

Are you ready to make sure your website is accessible? Then, schedule an ADA Strategy Briefing with the web accessibility experts at 216digital.
Greg McNeil

March 14, 2023

Legal Compliance

ADA Compliance, ADA Website Compliance, Website Accessibility
Debunking Common Web Accessibility Myths

“Web accessibility is too expensive.“

“There’s no real business value to making my website accessible.“

These are just a few of the concerns we hear when talking to organizations about web accessibility for the first time. And while it’s easy enough to poke holes in each one, it’s worth mentioning these myths are one of the many reasons digital accessibility lags so far behind.

To better understand why online businesses are slow to build accessible experiences, let’s debunk some of these myths and explain why web accessibility is essential for your business.

Common Myths in Website Accessibility

Common misconceptions about web accessibility have impacted the way organizations approach any accessibility initiative — particularly when it comes to time, cost, and compliance. Here’s what we learned.

Myth: There Are No Benefits to an Accessible Website

Why is digital accessibility so important? We can all agree that delivering an equal browsing experience to every user is the right thing to do. However, there are other benefits, like improved search engine optimization (SEO).

Many of the same principles for good SEO overlap with web accessibility best practices. Companies spend tens of thousands of dollars every year to improve their searchability. Search engines rank websites based on the content and user experience.By working on one, we enhance the other. After all, a better user experience for your visitors also offers a better understanding to search crawlers.

Myth: Web Accessibility Only Affects Those Who Are Blind or Have Low Vision

Most believe visual impairments are the most prominent disability an inaccessible website can impact. However, web accessibility can benefit several impairments, including hearing, cognitive, and motor. In fact, mobility and cognitive impairments affect a higher percentage of the population than visual.

That means digital accessibility is essential for people who cannot move their limbs and require a switch device. Similarly, people with dyslexia need the option to change fonts or line spacing.

The bottom line is an accessible website benefits users of all abilities. And your website’s design doesn’t have to suffer in the process.

Myth: Web Accessibility Means Redesigning My Entire Website

Most online business owners believe that providing an accessible online experience means starting from scratch — redesigning and developing the entire site. That, without exception, sounds both time-consuming and expensive. While we agree that it’s ideal to design an accessible website from the first line of code, it’s not feasible for the millions of existing sites.

However, it is often possible to make a website accessible by making minor adjustments, such as adding alternative text to images, adding focus outlines on interactive elements, and ensuring that videos have closed captions. These changes can significantly improve the website’s accessibility without requiring a complete redesign.

Myth: Using Automated Tools On My Site is All I Need to Make It Accessible

Automation is a powerful tool that is getting better all the time. But automation alone cannot identify and fix every accessibility error. In fact, automated scans can only detect 30% of barriers for users with disabilities. The limited scope of even the most advanced automation will leave many compliance issues unresolved and your company at risk.

That’s not to say automated tools are not a great starting point. However, it’s essential to think of them as a tool in a more extensive toolkit, including regular monitoring, manual testing, and reporting.

At 216digital, we believe in a hybrid approach. That combines the speed of automation with the precision of manual auditing to achieve and maintain an accessible website.

For more information about automated tools and ADA web compliance, check out the article, Are Web Accessibility Testing Tools Enough to Ensure Compliance.

Myth: Screen overlays can make my website compliant and protect me from an ADA lawsuit

Screen overlay products, also known as accessibility widgets or plugins, can help make a website more accessible to users with disabilities. Still, they do not guarantee that a website will fully comply with the Americans with Disabilities Act (ADA) or other accessibility guidelines.

These products typically provide a range of accessibility features, such as increasing text size, changing the background color, and providing alternative text descriptions for images. However, they do not address all of the accessibility issues that a website may have. For example, they may not address issues related to the structure and organization of content, or the use of appropriate headings and labels.

Additionally, these products do not address the issue of accessibility for users who are using assistive technologies such as screen readers. These technologies rely on the underlying code of the website, and a screen overlay does not address these barriers.

While these products can be a helpful tool for improving accessibility, they should not be considered a substitute for a comprehensive accessibility audit and remediation process to mitigate ADA lawsuit risk. Approximately 600 companies with an accessibility widget installed on their websites were hit with ADA accessibility lawsuits in 2022.

Myth: Web Accessibility Litigation is Frivolous and Invalid

Shockingly, most online companies believe accessibility lawsuits have no merit. Yet huge brand-named companies, such as Domino’s, have also been targeted with frivolous ADA lawsuits.

But huge name brands aren’t the only ones. Thousands of small and mid-size businesses face legal action. If you think your business is small enough to fly under the radar and avoid litigation, you’re wrong. Many mom-and-pop restaurants and small stores have recently fought and lost website accessibility lawsuits.

Failure to provide an accessible website can result in legal action and potentially significant financial penalties. Therefore, it’s crucial to take web accessibility seriously and ensure your website is accessible to everyone.

Fact: Web Accessibility is Smart Business

You’re not alone if you’ve fallen victim to believing some of these common myths and misconceptions. In ethical terms, individuals of all abilities deserve the right to barrier-free web use. And as we’ve seen, there are strong legal incentives for ensuring that your website is as accessible as possible. But you can take action.

216digital has made it easier to achieve website accessibility compliance without breaking your budget, taking all of your time, or completely redesigning your website. We can help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms.

To learn more about how the ADA experts at 216digital can help build an ADA WCAG 2.1 compliance strategy to achieve ongoing, real-world accessibility on your terms, schedule an ADA Strategy Briefing.

Greg McNeil

March 14, 2023

Legal Compliance, Testing & Remediation, WCAG Compliance

ADA Compliance, ADA Website Compliance, Website Accessibility
Retail is the Prime Target for ADA Web Accessibility Lawsuits
Today, almost everyone is shopping online. Consumers expect the ability to browse, compare and shop from any device rapidly. However, as more consumers shift to online shopping, retailers face increasing legal challenges for failing to meet minimum standards for ADA web accessibility.

The Americans with Disabilities Act (ADA) requires that all public-facing digital content be accessible to people with disabilities. Failure to comply with the ADA web accessibility guidelines can result in legal action, settlement costs, and reputational damage. In this article, we’ll explore why retail is the number one industry targeted by ADA web accessibility lawsuits and what you can do to protect your online business.

What is Web Accessibility for Retail

Web Accessibility is about creating an inclusive experience for all customers with barrier-free access to your online store. Websites must allow customers with visual, auditory, physical, and cognitive disabilities to access information, make purchases, and interact with your online business.

However, customers with disabilities can have vastly different experiences on a website based on their disability and the assistive technologies used. For example, customers with mild-to-moderate vision may rely on their browser’s built-in zoom function. In contrast, customers with more severe visual impairments require a screen reader to access information, browse your products, and shop. But how does web accessibility affect retail business owners?

Key Insights Retailers Need to Know

In recent years, there has been a sharp increase in lawsuits related to website accessibility, and retailers have been among the hardest hit. In 2022, there were more than 4,000 web accessibility lawsuits filed in Federal and California State Court under the Unruh Act. However, the retail industry was the number one industry targeted by ADA web accessibility lawsuits, accounting for almost 77%.

In fact, 391 of the Internet Retailer Top 500 list received an ADA-based web accessibility lawsuit within the last five years. Likewise, 72% of cases filed in 2022 were against companies with less than 50 million annual revenue. For large and small eCommerce companies, web accessibility is critical as consumers and plaintiffs become more aware of their rights under the ADA and seek legal recourse.

For more information on recent ADA web accessibility filings, check out Accessibility.com’s Digital Accessibility Lawsuits Database.

Why Are Retailers Vulnerable?

With the rise of e-commerce, online retailers face increasing web accessibility lawsuits. But why? Are retail sites less accessible than other industries?

Large Online Presence

Online retailers are everywhere! With more and more eCommerce websites created daily, there are 24 billion estimated globally. Undoubtedly, the retail industry has the most prominent digital presence, making them easy to find and visit.

As a result, e-commerce stores can quickly become victims of frivolous ADA-based lawsuits. Plaintiffs can quickly surf the web, engage with products or information, and determine whether a company prioritizes web accessibility.

Complex Websites Can Be Difficult to Make Accessible

It can be challenging for retail sites to reach and maintain the international standards for web accessibility, Web Content Accessibility Guidelines (WCAG). E-commerce stores are notoriously complex, with many pages, dynamic content, and intricate navigation. Making such websites accessible to individuals with disabilities can be a daunting task. In addition, it can present financial and logistical challenges, especially in a constantly evolving industry.

Many online retailers may not have the resources to hire web developers with expertise in ADA compliance or keep up with the constantly evolving standards and guidelines for web accessibility, increasing their vulnerability to litigation.

A Constantly Changing Industry

Online retailers frequently update their content to inform customers about new products, services, promotional sales, and resources. However, these changes can also make it more challenging to ensure the website remains accessible. Unfortunately, creating an accessibility barrier for disabled users is almost too easy.

Retailers must stay vigilant and up-to-date with web accessibility standards and guidelines. Failure to do so can leave retailers vulnerable to an ADA web accessibility lawsuit. Plaintiffs can easily find web accessibility barriers, document them, and file an ADA lawsuit, frequently creating a vicious cycle.

Easy to Test for ADA Web Accessibility

Most retail websites have the same or similar accessibility barriers. This can make it relatively easy for plaintiffs to test websites using automated tools and target many websites simultaneously. Automated tools can quickly scan a website and identify potential accessibility barriers based on the WCAG 2.1 guidelines, such as missing alt text, improper header structures, and broken links.

This means plaintiffs can quickly and easily identify accessibility issues and file ADA web accessibility lawsuits against retailers in minutes. In contrast, website owners are left spending thousands on settlement costs and website remediation. Retailers must take the necessary steps to ensure ADA web accessibility compliance to minimize the risk of litigation.

Existing Department of Justice Settlements

The US Department of Justice has settled several high-profile ADA web accessibility lawsuits with retailers, including Winn-Dixie and Walmart. These settlements have resulted in significant financial penalties and required these retailers to take extensive measures to make their websites more accessible.

As a result, these settlements have set a precedent for other plaintiffs now targeting retailers with similar accessibility issues. They can directly reference past DOJ actions within their case. Retailers must be aware of these settlements and ensure their website is accessible to all customers.

Quick Settlements

Plaintiffs’ attorneys often target online retailers for ADA web accessibility lawsuits because they are settled quickly and relatively easily. This is because online retailers usually prefer to pay out of court rather than go to trial, as they can avoid additional costs and negative publicity associated with a lengthy legal battle. As a result, plaintiffs’ attorneys can often secure quick settlements, making it a lucrative and attractive option to target online retailers.

How to Protect Your Online Business

It is essential to ensure that your website and online applications comply with ADA web accessibility standards to mitigate the chance of a lawsuit. This may involve working with web accessibility experts to conduct an audit and any necessary changes.

To protect against ADA web accessibility lawsuits, retail companies should take several steps:
1. Conduct a web accessibility audit: Conduct a comprehensive web accessibility audit to identify all web accessibility barriers.
2. Make a plan: Address the issues identified in the audit, prioritizing the most critical issues first.
3. Train staff: Educate staff on web accessibility best practices and how to maintain accessibility standards moving forward.
4. Use accessibility tools: Use accessibility tools, such as web accessibility monitoring services, to test websites and apps for accessibility.
5. Consider a dedicated accessibility team: Partner with an accessibility team to oversee ongoing web accessibility efforts and ensure compliance with ADA requirements.
6. Stay up-to-date: Stay informed about ADA web accessibility requirements, and update websites and apps as needed.
Get Proactive about ADA Web Accessibility

Everyone, especially those in the online retail industry, should be proactive about ADA web accessibility. By taking proactive steps to ensure the accessibility of your website, you can mitigate legal challenges and provide easy access to all customers.

Through our years of experience in the trenches analyzing and studying these cases, we can determine how ADA non-compliance lawsuit firms identify their targets and how to protect your business. At 216digital, we will develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms so that you can focus on the other tasks on your to-do list. So don’t wait any longer; find out where you stand by scheduling a complementary ADA Strategy Briefing today.
Greg McNeil

February 28, 2023

Legal Compliance

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
Why AI & Overlay Widgets Fail ADA Website Compliance
As the digital world continues to evolve, many businesses are turning to Artificial Intelligence (AI) and overlay widgets to make their websites accessible. While these technologies are marketed as solutions to make websites ADA compliant, they often fail to deliver on that promise. In fact, they often make websites less accessible for those with disabilities.

What are AI and Overlay Widgets?

AI and overlay widgets work by modifying a website’s code with a snippet of JavaScript, usually in the form of a toolbar, plugin, app, or widget. However, while they claim to detect and correct web accessibility barriers dynamically, overlays do not fix the website’s source code. Instead, they can detect fundamental accessibility issues, such as color contrast and text size, to make modifications. While overlays might seem like a cheap and beneficial method for web accessibility, they do not fix the underlying code. Leaving website owners exposed to the risk of an ADA lawsuit.

Why Overlay Solutions Fail to Deliver True Web Accessibility

Many AI and overlay solutions are used as a band-aid to cover up fundamental web accessibility issues. Still, they do not resolve the critical accessibility issue. Relying on an AI or overlay tool as a long-term solution can open you to legal risk, and provide a false sense of security.

Web Accessibility Barriers Not Resolved with AI and Overlay Widgets

One of the biggest problems with AI and overlay widgets is that they do not address the inherent access barriers on websites. These technologies are designed to make websites more accessible for people with disabilities. However, they need to address the underlying issues that make websites inaccessible in the first place. Unfortunately, the WCAG guidelines are too complex for overlay tools to provide the robust modifications required.

So, what issues are ignored by AI and overlay widget tools?
- Multi-level navigation menus not navigable via keyboard
- Newsletter popups, flyout carts, and other modals do not trap or automatically receive focus
- Logical tab order violations
- Images, buttons, and form fields that have incorrect labels
- Buttons created using non-interactive HTML tags that cannot be operated via keyboard
While most of these issues are not visible to all users, these issues are significant barriers for users with disabilities. This means that while AI and overlay widgets may provide some level of accessibility, they often fail to make websites usable for those with disabilities.

Overlays Can Increase Accessibility Barriers

AI and overlay widgets can increase accessibility barriers. These technologies may add additional steps or layers to the user experience. Making it more difficult for people with disabilities to navigate and interact with websites. This can be especially problematic for people with cognitive disabilities, who may struggle with the added complexity of using AI and overlay widgets.

AI and Overlay Widgets Override Existing Assistive Technology Tools

Furthermore, AI and overlay widgets can affect users’ existing assistive technology tools. Making it difficult for people with disabilities to use the technology they already rely on to access websites, such as screen readers or voice recognition software.

Additionally, AI and overlay widgets may not be able to interact with these tools in a way that benefits all users. This can create a frustrating and inaccessible experience for those with disabilities, who may feel that the added technology is just another barrier to accessing information and services online.

Overlays Prevent an Inclusive Web Experience

By adding additional layers of technology to websites, these technologies can create a sense of exclusion for those with disabilities, who may feel that they are not part of the mainstream online experience. This can also lead to a lack of engagement and motivation to use websites and participate in online communities.

These barriers can lead to poor brand perception and potential loss of revenue. By using overlays, you are offering people with disabilities a different web experience with reduced functionality. This directly contradicts the goal of digital inclusion. Creating an inclusive web experience entails fixing accessibility issues to create one accessible, homogenous brand experience.

AI and Overlay Widgets Hinder Website Performance

AI and overlay widgets can slow website performance, making it more difficult for all users to access information quickly and efficiently. In addition, these technologies often rely on complex algorithms and software that can be resource-intensive. Resulting in longer screen loading times and making it difficult for users to access the website and its content. This can be especially problematic for people with mobility or motor disabilities. As they may have limited time to interact with websites and need quick and responsive access to information.

Overlays Solution Increase Legal Liability

Finally, AI and overlay widgets increase legal liability. AI and overlay widgets are automated technology utilizing complex algorithms and software. However, automated scans can only detect 30% of web accessibility errors. The remaining 70% of the issues are detected only through manual testing. While some overlay providers provide manual testing and remediation services, this often comes at a hefty cost for the website. The remediation is only applied to the overlay layer, exposing the underlying barriers.

If a website is not accessible to users with disabilities, it violates laws such as the Americans with Disabilities Act (ADA). Unfortunately, AI and overlay widgets cannot provide the level of accessibility required by these laws. Therefore, increasing the legal liability for website owners with accessibility overlays or widgets installed. In fact, there has been an upward trend of lawsuits filed against companies with accessibility overlays or widgets installed. With 400 lawsuits being filed in 2021 and 600 in 2022.

What Should Website Owners Do Instead of Using Overlays?

While AI and overlay widgets might seem like an easy solution to protect your website, you must adapt the WCAG 2.1 guidelines and best practices into an ongoing process.

As you make changes to your website, new accessibility issues can arise. So, it is essential to test your website often. And although AI and overlay widgets should be avoided, not all digital technology is bad. For example, automated testing is an efficient and reliable tool to regularly check your website for low-hanging barriers and stay on top of WCAG compliance. But, of course, even the best-automated accessibility solution will not be able to detect every problem. That is why manual testing by accessibility experts who know what to look for is required. Luckily, 216digital has ADA experts to provide risk mitigation, manual testing, ADA remediation, and ongoing monitoring services to help you achieve your accessibility goals and needs.

Conclusion

While AI and overlay widgets may seem like a good idea for web accessibility, they fail to deliver. These technologies can increase accessibility barriers, affect users’ existing assistive technology tools, prevent inclusive web experiences, slow website performance, and increase legal liability. Instead of relying on these technologies, businesses should focus on creating truly accessible and inclusive websites that meet the needs of all users, including those with disabilities.

The 216digital web accessibility experts are ready to help you through each step of your accessibility journey. Answering your questions and resolving each obstacle. From ADA Accessibility Lawsuit Risk Mitigation to expert ADA Remediation, we put you in a position of strength. We understand how websites get targeted for frivolous lawsuits and what to do to keep you off the radar of law firms that specialize in filing ADA lawsuits.

Become web accessible on your terms with 216digital by developing a strategy to integrate WCAG 2.1 compliance into your development roadmap as part of the development process. Learn more about how the ADA experts at 216digital can help achieve ongoing real-world accessibility on your terms by scheduling an ADA Strategy Briefing today.
Greg McNeil

February 14, 2023

Legal Compliance

Accessibility, ADA Compliance, ADA Website Compliance, Ai and Overlay Widgets, Website Accessibility, Website Accessibility Tools
Why Your Business Needs an ADA Website Accessibility Strategy Now

As a business owner, you have a legal and, some would argue, moral obligation to provide equal access to all users, including those with disabilities. The Americans with Disabilities Act (ADA) is a federal law that requires all businesses to provide equal access to their goods and services to individuals with disabilities. This law applies not only to physical locations but also to websites and online services, making it essential for businesses to ensure their digital presence is accessible to all users. Failure to do so can result in significant liability.

However, despite the clear benefits of having an accessible website, many businesses have yet to implement a strategy for ADA website accessibility. This article will explore why companies must develop a plan for ADA website accessibility and how.

What is Web Accessibility?

One of the main components of ADA website accessibility is ensuring that websites are accessible to individuals with disabilities. This means that websites must be usable by individuals who are blind, deaf, or have limited mobility. This includes text alternatives for visual or audio content, easy-to-use navigation, and appropriately labeled and structured forms or input fields.

Why is ADA website accessibility important?

ADA website accessibility ensures that all individuals, regardless of their abilities, have equal access to information and services on your website. This includes individuals with visual, auditory, physical, and cognitive disabilities. A website that is not accessible can prevent these individuals from accessing information, making purchases, and interacting with your business.

Additionally, the number of ADA accessibility lawsuits filed against companies has increased dramatically in recent years. Unfortunately, the trend shows no signs of slowing down, and businesses of all sizes risk being sued. Even small companies with limited resources are vulnerable, as they are often seen as easy targets by plaintiffs looking to win settlements.

Why Should Businesses Develop a Strategy for ADA Website Accessibility?

There are several reasons why you need to develop a strategy for ADA website accessibility and liability now.

Legal Compliance

The ADA requires businesses to make their websites and online content accessible to individuals with visual, auditory, physical, and cognitive impairments. By ensuring your website is accessible, you could mitigate frivolous ADA lawsuits, fines, and negative publicity.

In recent years, there has been a sharp increase in lawsuits related to website accessibility. In 2022, there were 2,387 web accessibility lawsuits filed in Federal Court and California State Court under the Unruh Act. However, industry insiders say 97% of demand letters are settled and never evolve into a lawsuit. This means plaintiffs sent more than 1,500 demand letters per week in 2022.

User Experience

By making your website accessible, you provide a better user experience for all visitors. This not only shows that you care about your customers, but it also helps you to stand out from your competitors. This includes adding alternative text for images, providing video captions, and using simple, straightforward language for all content. In addition, it helps to improve the overall usability of your website. Making it easier to navigate, and providing a better overall experience for your customers.

Brand Reputation

Having an accessible website reflects your brand’s values and commitment to inclusiveness. Demonstrating your commitment to accessibility can help improve your brand reputation and credibility, leading to increased customer loyalty and sales.

Improved Search Engine Optimization (SEO)

When you make your website accessible to people with disabilities, you are also making it easier for search engines to crawl and index your site. In addition, search engines like Google prioritize websites that are accessible and user-friendly. This can help improve your search engine rankings, increasing traffic and higher visibility for your business.

Increased Reach and Potential Customers

Making your website accessible to individuals with disabilities can increase your website traffic. According to the World Health Organization, around 15% of the world’s population lives with some form of disability. By making your website accessible, you can tap into this large and growing market that the competition might overlook. As a result, you can reach a wider audience and expand your potential customer base.

How Can Businesses Develop a Strategy for ADA Website Accessibility?

Businesses must have a strategy for implementing web accessibility and managing potential ADA website liability. This includes having a plan for responding to any possible ADA-related complaints and lawsuits. It also means having a system in place for monitoring website accessibility and making any necessary changes.

Conduct a Website Audit

The first step in achieving ADA website accessibility is to perform an audit. This will help you to identify any areas of your website that need to be improved to meet ADA standards. You should consult a web accessibility expert to perform the audit.

While automated tools such as WAVE or Lighthouse can provide a great starting point, automated tools can only detect 30% of accessibility barriers. However, manual audits provide a more accurate assessment of website accessibility. A manual review involves evaluating a website using assistive technologies, such as screen readers, keyboard navigation, and magnifiers, to simulate the experience of individuals with disabilities.

Implement Necessary ADA Web Accessibility Updates

Once you have identified areas of your website that need to be improved, make the necessary updates. This can include adding alt tags to images, ensuring your website is navigable with a keyboard, and providing text alternatives for videos.

Train your Employees

Training your team is essential to ensure that your website remains accessible. Make sure your team understands the importance of ADA website accessibility and knows how to make updates to your website to maintain compliance. This will ensure everyone working on your website is committed to making it accessible and reducing future risks.

Regularly Monitor and Update

Businesses should regularly monitor their website to ensure that it remains accessible. ADA website accessibility is an ongoing process. As you make changes to your website and web accessibility guidelines evolve, new accessibility issues may arise. It is crucial to address these promptly.

By developing a strategy for ADA website accessibility and liability now, businesses can protect themselves and their customers. Not only will this help companies to avoid potential legal issues, but it will also help ensure that all website visitors can access and use the website. In the long run, this will help businesses build trust and loyalty with their customers and improve their overall customer experience.

In Conclusion

ADA website accessibility is not just a legal requirement, but it is also an opportunity to reach a large and growing market. By developing a strategy for accessibility now, businesses can avoid costly lawsuits, protect their reputation, and increase their website traffic. Investing in accessibility is an investment in the future of your business.

At 216digital, we understand developing a strategy for ADA Website accessibility and liability can be a beast of a project. So, why let web accessibility hijack your development backlog with all the competing website enhancements that could add value to your business? 216digital can help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms. To learn more about how the ADA experts at 216digital can help build an ADA WCAG 2.1 compliance strategy to achieve ongoing, real-world accessibility on your terms, schedule an ADA Strategy Briefing.

Kayla Laganiere

February 13, 2023

Legal Compliance, Testing & Remediation, The Benefits of Web Accessibility

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
2022 ADA Web Accessibility Standards and Requirements
For most of us, it’s hard to imagine trying to navigate the world today without the web. We use it for almost everything: socializing, shopping, consuming media, research, the list goes on. However, the web is not accessible to all. Individuals with disabilities or impairments struggle to use the internet or are unable to. Unfortunately, the lack of standardized guidelines for proper website development and design has left the web full of obstacles and barriers. As a result, The Web Accessibility Initiative (WAI) was created to standardize web accessibility and develop universal guidelines for web content and applications, browsers, and authoring tools. Below, we will take a look at what you need to know as an online business owner and user about web accessibility, including:
- What is a Web Accessibility?
- What are the Requirements for Web Compliance?
  - Web Accessibility Standards
  - The Four Principles of Web Accessibility
  - The Components of Web Accessibility
- Compliance and Legislation ADA
  - WCAG
  - Section 508
- How Can 216digital Help Your Website ADA Compliant?
What is Web Accessibility?

We have all experienced inconveniences of blurry images, websites not compatible with mobile devices, and slow-loading websites on the internet. While these issues may be annoying, they can completely restrict internet usage for individuals with disabilities or impairments.

Web accessibility helps aid in the development of perception, understanding, contribution, navigation, and interaction for individuals with disability or impairments on the internet. All individuals should have the same access to digital information regardless of their ability. Therefore, integrating accessibility into your website is vital for all customer experiences.

Learn more about what is web accessibility and its importance.

What are the Requirements for Web Compliance?

Before making your website accessible, you must first understand the standards, principles, and components that contribute to making a website accessible.

Web Accessibility Standards

The Web Content Accessibility Guidelines (WCAG) provide an internationally shared standard for web content accessibility. Web content is the information on a web page or application, including text, images, sound, and code that defines a website’s structure or presentation.

There are two versions of WCAG currently applied: WCAG 2.0 and 2.1. WCAG 2.0 was published in 2008 but was not accepted by the International Organization for Standardization (ISO) until 2012. 2.1 was published ten years later in 2018 to include all of the previously accepted standards of 2.0 with additional criteria. WCAG 2.0 and 2.1 are backward-compatible, meaning that content conforming to WCAG 2.1 follows WCAG 2.0.

Following the standards introduced by WCAG, websites’ success at implementing accessibility practices are classified into three levels of conformance, Level A, AA, and AAA.

Level A

Level A is the basic requirement and the minimum degree of accessibility that must be satisfied. Failure to fulfill will result in an inaccessible website.

Level AA

This level addresses the more common web barriers individuals with impairments or disabilities face. In addition, Level AA is also the highest conformance required by most websites to remove the most significant accessibility barriers.

Level AAA

The highest level for accessibility under WCAG is level AAA. Unfortunately, it is also the most difficult to achieve. Achieving this level of compliance is desirable but is not necessary.

The Four Principles of Web Accessibility

The principles of web accessibility are the foundations for all content on the web and for anyone wanting to use it. WCAG 2.0 and 2.1 guidelines follow these four principles: perceivable, operable, understandable, and robust, also known as POUR. POUR is an acronym used to define functional accessibility in a website.

Perceivable

A website’s information and elements must be apparent to the user, leaving nothing undetectable or invisible. Most web users perceive the content and elements of a website through visuals. Sound or touch are used alternatively for those unable to. For instance, a well-written alternative text can help provide context to that missing viable information for individuals unable to visually perceive an image.

Operable

A website’s interactive elements such as controls, buttons, navigations, and more should be operable for all users. Users must operate the interface elements by first identifying those elements and physically selecting them. Those who cannot engage with interactive elements by clicking, tapping, swiping, or rolling use voice commands or other assistive devices. In other words, websites should not require actions that some users cannot perform. Some users won’t even use your website if they cannot function with a keyboard alone. These barriers can limit your website’s reach and create a poor user experience for all users.

Understandable

Websites must be clear and concise in presenting predictable patterns within their use and design. Users should have no issue comprehending the meaning or purpose of information. The “understandable” principle also applies to user interaction elements such as buttons or other elements on your site. Everything should have a purpose and meaning and should be recognizable.

Robust

Content must be robust enough for users to understand the content’s function reliably using a wide variety of technologies, including assistive devices. Above all, as technologies advance, content within a website should remain accessible.

The lack of any of these four principles will make your website inaccessible. Therefore, the WCAG guidelines and standards branch out on these four principles into more detailed levels as discussed above, Levels A, AA, and AAA.

The Components of Web Accessibility

Accessibility is an aspect that covers every part of a website. The various components of a website should interconnect and complement one another for the site to function and be available for individuals with impairments or disabilities. These components include content, user agents, authoring tools, and evaluation tools.

Content

Content encompasses all of the information on a website or web application, including elements on the front and back ends. The content consists of text, images, sounds, presentation, structure, and interactive features on the front-facing end. On the backside of a website, the scope includes the code, scripts, or markups assistive technologies use.

User-Agents

User agents act on behalf of a user, including web browsers, media players, plug-ins, and assistive technologies.

Authoring Tools

Authoring tools assist in creating digital content, such as blogs or code editors.

Evaluation Tools

Evaluations tools can help determine how effective your accessibility attributes are and help to track your remediation efforts.

Compliance and Legislation

The growing awareness of digital accessibility as a civil right has increased dramatically. As a result, several countries have started to set web accessibility standards and regulations to pressure website owners to address these issues or face legal actions and public scrutiny. By complying with web accessibility legislation, you could mitigate a frivolous ADA lawsuit. Here are some of the more prominent laws and guidelines globally and in the United States.

ADA

The Americans with Disabilities Act, or ADA, was passed on July 26th, 1990, in the United States to ensure equal and fair treatment for individuals with disabilities. The Act secures equal rights for people with disability in the fields of employment, state and local governments, public accommodations, telecommunication, and miscellaneous provisions. Therefore, these five fields are typically referred to as Title I, II, III, IV, and V of the ADA.

Title III states that all areas of public accommodation, such as hotels, schools, restaurants, and retailers, must secure equal access to services and information for all users. As the internet has evolved, websites and mobile apps have become essential places to shop, learn, share and connect. Therefore, new lawsuits under the Act have prompted the Department of Justice (DOJ) to expand the definition of areas of public accommodation to include websites and online applications. Therefore, any barriers prohibiting or limiting access to a website violates Title III.

WCAG

As discussed prior, The Web Content Accessibility Guidelines, or WCAG, is the international accessibility standards established by the World Wide Web Consortium(W3C). The guidelines offer technical recommendations on how to make your website content accessible. Although WCAG is not enforceable, the guidelines have become the foundation of severe mandatory accessibility regulation around the world, including The United States Section 508,

Section 508

Section 508 of the Rehabilitation Act of 1973 requires all federal agencies in the United States to ensure that electronic and information technology is accessible to people with or without disabilities. The electronic and information communication technology subject within Section 508 includes websites, web applications, software, and digital documents. In 2018 Section 208 was updated to coordinate with the international accessibility standards of WCAG.

How Can 216digital Help Your Website ADA Compliant?

Becoming web-accessible can become confusing, intimidating, and costly, but knowing you are not alone is essential. Here at 216digital, we are passionate about web accessibility and ensure you are getting the most money. That is why we offer different ADA remediation services to fit what your website and business need now. In addition, we have teamed up with the National ADA law firm to understand better how furious lawsuits occur, what they target, and how to resolve this issue before it’s too late.

If you would like more information on web accessibility or how to make your website accessible today, schedule a15-minute complimentary website audit and consultation with our experts.
Greg McNeil

January 27, 2022

Legal Compliance

Accessibility, ADA Website Compliance, Website Accessibility, Website Accessibility Tools
Making the Internet Accessible – The History of Website ADA Compliance

ADA website compliance!

It’s become a popular topic as of late, especially for business owners that have a website.

But, it might surprise you to learn that ADA compliance has been around for quite some time. Its current popularity is a direct result of its evolving legal interpretations for what makes a website accessible.

Below, we’ve plotted the history of Website ADA Compliance and its role in preventing discrimination online.

(more…)

Greg McNeil

July 23, 2020

Legal Compliance

ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance
Are ADA Overlays a Liability? Here’s What Accessibility Experts Had to Say
Lawsuits for websites that are not ADA complaint continue to threaten many internet businesses.

These companies often turn to accessibility tools to quickly make their sites ADA compliant, thinking they’ll be protected from a lawsuit.

Accessibility tools (screen overlays and widgets,) such as UserWay, AccessiBe, and AudioEye, work by adapting website content to users’ needs.

Yet, the levels of accessibility that these tools offer varies from overlay to overlay. To cut through the noise surrounding website accessibility tools, we reached out to several industry experts.

The ADA Experts

Kim Testa: The Executive Vice President of the Bureau of Internet Accessibility, industry leaders in eliminating the accessibility digital divide since 2001.

Eli Freedman: The Senior Partnership Success Manager of accessiBe, a two-part web interface and ai accessibility tool hailed as “World-Leading Web Accessibility Technology.”

Richard Hunt: Partner, Hunt Huey PLLC. Hunt Huey PLLC has a national disability rights practice that includes defending real estate developers, retailers, restaurants, shopping centers, banks, apartment owners and managers, hotels, single-family developers, homeowners associations and other enterprises in ADA and FHA litigation.

With their professional insight, we find answers to some of the most pressing questions surrounding the use of website overlays to achieve ADA compliance online.
Are screen overlay products effective for making websites appear to be ADA compliant?

Screen overlay products improve website accessibility by adapting the existing assets of a website to best fit the needs of a disabled user.

These changes are not automatic and must be triggered by the user before making any visible adjustments to a site. We asked Kim, Eli, and Richard their perceptions of the effectiveness of these accessibility tools.

Kim Testa|The Bureau of Internet Accessibility

“In the world of digital inclusiveness and accessibility, overlay products do nothing to ensure the original website code is compliant to WCAG 2.1 A/AA.
They work by “recreating” the web pages with “their” code. A script is then inserted into the website’s original code, which in turn hijacks the user’s screen reader and forces them to learn a new technology. In some instances the overlay solutions make the user identify themselves as someone living with a disability.
Keep in mind that 99% of people that need assistive technology, have their own and do not need, nor want to be forced to use someone else’s. While overlays may sound like an easy, quick-fix – they do absolutely nothing to remediate the accessibility issues of a website, web-based applications, or native mobile apps.”

Eli Freedman | accessiBe

“There has been a lot of buzz in the marketplace discussing why web accessibility overlays are not compliant. We can say for certain that overlay companies pose their solutions as being compliant, when in fact they are not.
Research shows overlays only handle up to 25% of the WCAG requirements leaving the remaining 75% inaccessible and vulnerable to lawsuits. Why? Those overlays only handle the more simple requirements which are the CSS adjustments of a website. For instance, color contrast ratios, stop animations, larger cursors, font colors and sizing, and more.
Where accessiBe differs from other layover tools is that it handles both the foreground CSS adjustments and the 75% ‘heavy background lifting’ WCAG 2.1 AA requirements like Aria attributes, assistive technology compatibility, alt tags for images, contextual understanding Ai that assigns all the correct elemental structures like pop-ups, forms, icons, buttons, and website behaviors.”

Richard Hunt | Hunt Huey PLLC

““ADA compliant” isn’t really a meaningful question because there is no objective regulatory or judicial standard for business website ADA compliance (Government websites covered by the Rehabilitation Act have a standard almost identical to WCAG 2.0 AA). In fact, there isn’t even agreement on why a website has to be accessible under the ADA, and until you know why the website needs to be accessible it is impossible to say whether it meets that need.
We can say that in the broadest terms a website does what the ADA requires if a disabled individual has meaningful access to all the goods and services it offers. That is a subjective standard because it depends on the particular user and their assistive technology. Government agencies, businesses, and lawyers hate subjective standards, so most are using WCAG 2.1 or 2.0 AA as a kind of substitute measure of accessibility. Those standards involve compromises (that’s why there is an AAA standard) which means that even a website that conforms to WCAG 2.1 AA may not be accessible to all users and all assistive technologies.
The courts have not yet resolved whether the compromise represented by WCAG 2.1 AA is good enough to satisfy the ADA or is perhaps even better than the ADA requires. As for overlays, if you don’t know what the standard is you can hardly claim to meet that standard. A claim that an overlay makes a website ADA compliant will always be false, no matter how good the overlay is.”

Bonus Tip: To find out if your website is accessible, you can request our accessibility specialists to conduct a free site scan, by clicking here.

If you install a screen overlay product, will you be less likely or more likely to become the victim of an ADA non-compliance lawsuit?

For many companies, the purpose of installing an accessibility tool is to protect themselves from an ADA non-compliance lawsuit.

But how effective are accessibility screen overlays at protecting your business? Here’s what Kim, Eli, and Richard had to say.

Kim Testa|The Bureau of Internet Accessibility

“Since overlays really don’t fix the issues, websites are wide open for a lawsuit. There are tools on the market that are used to identify websites that are using overlays and widgets…
It’s simple for lawyers to get a list and target the companies using them. There is no magical solution to becoming digitally compliant, the only way to know if a website is compliant is to have a complete audit, both automated testing and manual testing (done by individuals living with disabilities) all done at the same time.”

Eli Freedman | accessiBe

“If a website owner has a layover tool that does not handle the ‘heavy background lifting’ as stated above, they are definitely at a greater risk of being served a demand letter or a lawsuit.

Reports have been received from people in the disabled community in tandem with law firms around the US are grouping together to find websites that are using layovers and targeting them with ADA lawsuits and demand letters as they too know those layovers are not making their websites accessible.”

Richard Hunt | Hunt Huey PLLC

“Plaintiff law firms use software scanning tools to look for non-conformance with WCAG 2.1 or 2.0 at success level AA. A product can only reduce the likelihood of a lawsuit if it makes the website look like it is in conformance when scanned by the most commonly used software tools.
As I understand it software scanning tools will not ordinarily trigger the accessibility features of an overlay that requires a user choice. Thus, if the website relies on the overlay to correct underlying non-conformities based on a user choice the overlay will not reduce the risk of a lawsuit.
It is also important to remember that software scanning tools not only miss errors, they also report false positives. For example, because a scanning tool can’t tell if an image is purely decorative it will mark a decorative image without alt text as a nonconformity even though such images are not required to have alt text under WCAG 2.1 AA.
To reduce the risk of litigation any solution must make the website appear perfect or almost so to the most commonly used scanning tools, whether or not that really makes the website easier to use for those with disabilities. As for plaintiffs targeting websites that use layovers, it would not be surprising if it were perceived by the plaintiff’s bar as a profitable enterprise.”

When using a screen overlay product, can site visitors use their own assistive technology?

Many disabled internet users have been dealing with accessible websites for a long time. Since most sites aren’t aware of their needs, they’ve had to rely on their own assistive technology to navigate the internet.

But if a disabled user tries to use their own tools on a site with an accessibility overlay, can both systems communicate with each other?

Kim Testa| The Bureau of Internet Accessibility

“Yes, but as [I] stated earlier, a user may come to the website with their own assistive technology but, upon entering the site, the script will take over and force the visitor to use the overlay technology, making the user abandon their own, known assistive technology.
Many times when this happens the user will leave the site and never return. Companies are looking to acquire new visitors not frustrate them to the point that they leave. ”

Eli Freedman | accessiBe

“In most cases, yes they can, however, that does not mean that it will be completely compatible with all assistive technologies like screen readers or keyboard navigation only.
In addition, there are certain layover tools that have screen readers embedded within their ‘solutions’ which is purely a marketing gimmick. This is actually counterproductive since those with disabilities have their own assistive technologies and the embedded screen reader’s conflict with their own technologies.”

Richard Hunt | Hunt Huey PLLC

“Whether a particular overlay is compatible with any particular assistive technology is not within my technical expertise. What I can say is that in general, the ADA requires that any facility be accessible to disabled individuals as they come to it; that is, with whatever technology they are accustomed to using. You can’t tell a wheelchair user, for example, that they need to switch to a mobility scooter to enter your store.
A similar principle exists in the Web Content Accessibility Guidelines; that is, they are intended to create accessibility solutions that do not depend on the user’s choice of assistive technology to the extent that is possible. An overlay that is incompatible with the most commonly used assistive technologies, and in particular with the most popular screen readers, won’t be regarded as improving the accessibility of a website for purposes of the ADA.
There may be some assistive technologies so old or so rare that they do not have to be accommodated, but to satisfy the ADA an overlay must work seamlessly with the most commonly used assistive technologies.”

Now it’s Your Turn

At this point, you might be thinking, “Do I need an accessibility screen overlay for my website?”

As you just learned from experts, while you can use a screen overlay to make your website appear more accessible, it’s only helpful to a certain extent.

Keep in mind that whether or not you use an accessibility overlay, there is still some manual remediation you’ll need to do within your website’s code.

Before installing or remediating anything on your own, you should know if your website is ADA compliant. Request a free ADA compliance scan today by clicking the link below.

Request A Free ADA Compliance Scan

After our ADA specialists scan your site you’ll have the expert information needed to proceed with improving your website’s accessibility.

As the environment around website accessibility continues to evolve, we want your business protected from an ADA lawsuit.
Greg McNeil

May 20, 2020

Legal Compliance

ADA Compliance, ADA Lawsuit, ADA non-compliance, Website Accessibility, Website Accessibility Tools

What is ADA Compliance?

How Does ADA Compliance Relate to Websites?

Examples of ADA Web Accessibility Lawsuits

ADA Website Lawsuit #1: Netflix

ADA Website Lawsuit #2: H&R Block

ADA Website Lawsuit #3: Domino’s Pizza

How to Protect Your Site Against ADA Website Compliance Lawsuits

Team up with 216digital for ADA Web Compliance

What is Color Contrast?

Why Does Color Contrast Matter for Web Accessibility?

Color Contrast and Web Accessibility

WCAG 2.1 Contrast Ratio

Contrast Minimum

Resize Text

Color Contrast and Litigation

How Can I Make My Website More Accessible?

Common Myths in Website Accessibility

Myth: There Are No Benefits to an Accessible Website

Myth: Web Accessibility Only Affects Those Who Are Blind or Have Low Vision

Myth: Web Accessibility Means Redesigning My Entire Website

Myth: Using Automated Tools On My Site is All I Need to Make It Accessible

Myth: Screen overlays can make my website compliant and protect me from an ADA lawsuit

Myth: Web Accessibility Litigation is Frivolous and Invalid

Fact: Web Accessibility is Smart Business

What is Web Accessibility for Retail

Key Insights Retailers Need to Know

Why Are Retailers Vulnerable?

Large Online Presence

Complex Websites Can Be Difficult to Make Accessible

A Constantly Changing Industry

Easy to Test for ADA Web Accessibility

Existing Department of Justice Settlements

Quick Settlements

How to Protect Your Online Business

Get Proactive about ADA Web Accessibility

What are AI and Overlay Widgets?

Why Overlay Solutions Fail to Deliver True Web Accessibility

Web Accessibility Barriers Not Resolved with AI and Overlay Widgets

So, what issues are ignored by AI and overlay widget tools?

Overlays Can Increase Accessibility Barriers

AI and Overlay Widgets Override Existing Assistive Technology Tools

Overlays Prevent an Inclusive Web Experience

AI and Overlay Widgets Hinder Website Performance

Overlays Solution Increase Legal Liability

What Should Website Owners Do Instead of Using Overlays?

Conclusion

What is Web Accessibility?

Why is ADA website accessibility important?

Why Should Businesses Develop a Strategy for ADA Website Accessibility?

Legal Compliance

User Experience

Brand Reputation

Improved Search Engine Optimization (SEO)

Increased Reach and Potential Customers

How Can Businesses Develop a Strategy for ADA Website Accessibility?

Conduct a Website Audit

Implement Necessary ADA Web Accessibility Updates

Train your Employees

Regularly Monitor and Update

In Conclusion

What is Web Accessibility?

What are the Requirements for Web Compliance?

Web Accessibility Standards

Level A

Level AA

Level AAA

The Four Principles of Web Accessibility

Perceivable

Operable

Understandable

Robust

The Components of Web Accessibility

Content

User-Agents

Authoring Tools

Evaluation Tools

Compliance and Legislation

ADA

WCAG

Section 508