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  • Website Accessibility: Are Overlays Just Hiding the Problem?

    Creating an accessible website isn’t just about ticking a box. It’s about ensuring that every user, no matter their abilities, can navigate and benefit from your digital presence. Yet, for many business owners, the idea of tackling website accessibility can feel overwhelming. Enter accessibility overlays—those “quick fix” solutions promising to make your site compliant in a snap. Sounds perfect, right?

    Unfortunately, it’s too good to be true. Overlays don’t just fall short—they create more problems, leaving users frustrated and your business exposed to legal risks. Let’s cut through the noise and uncover the truth about why overlays are not the solution they claim to be.

    What Are Website Accessibility Overlays?

    Web accessibility overlays are tools or widgets that website owners can add to their sites to enhance website accessibility—or at least, that’s the promise They typically involve inserting a small JavaScript code snippet into your site, which then adds a floating button or widget. This button allows users to make adjustments, such as changing text size, altering color contrasts, or enabling screen reader compatibility.

    On the surface, overlays sound like a dream come true: a quick, low-cost way to improve website accessibility without needing a major redesign. But here’s the kicker: overlays only mask the problem. They don’t address the more profound, structural issues that make a website inaccessible in the first place. Worse, they can actually introduce new barriers, frustrating users with disabilities and leaving your business exposed to legal and reputational risks.

    Why Accessibility Overlays Are a Risky Shortcut

    Overlays Don’t Address Website Accessibility Barries

    Overlays operate on the surface, leaving your website’s underlying code untouched. If your site has poorly labeled buttons, inaccessible forms, or missing alt text, overlays won’t fix any of it. It’s like putting a fresh coat of paint on a crumbling wall—it looks fine for a moment, but the structural issues are still there. 

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

    • Missing headings 
    • Missing alt text on images
    • Marked link text 
    • No labels on form fields
    • Required form fields not indicated
    • No submit button on forms or no clear button label

    While most of these issues may not be visible to all users, these issues are significant barriers to web users with disabilities. 

    Poor User Experience for People with Disabilities

    Ironically, overlays often create more barriers for people with disabilities instead of removing them. They frequently disrupt the functionality of assistive technologies like screen readers and keyboard navigation, making it harder—not easier—for users to navigate a site. Rather than complementing these tools, overlays can interfere with their operation, forcing users to abandon their preferred methods and engage with the overlay’s limited features. This undermines the independence and usability that assistive technologies are designed to provide.

    Website Accessibility is Not a One-Size-Fits-All Solution

    Disabilities are as diverse as the people who have them, and a one-size-fits-all overlay cannot possibly meet every user’s needs. Built on generalized assumptions, overlays often cater to a narrow set of requirements while neglecting others, leaving many users frustrated or excluded. For instance, individuals with cognitive disabilities may find overlays too complex or distracting, while those with motor impairments may struggle with poorly designed interactions.

    This cookie-cutter approach ignores the nuanced and personalized support that true accessibility demands, emphasizing the need for solutions that genuinely prioritize diverse user experiences.

    For more information on how overlays affect users’ experience, check out our article, “Are Web Accessibility Overlays Hurting Users?”

    They Increase Legal Liability

    Don’t fall for the myth that overlays will shield you from lawsuits. Courts and advocacy groups have repeatedly ruled that overlays don’t meet accessibility standards. In fact, relying on them might make your business a bigger target. By mid-2024, over 20% of web accessibility lawsuits were filed against companies using these widgets. 

    To make things even more challenging, businesses using overlays are now facing a new wave of copycat lawsuits. These lawsuits come from a new wave of ambulance chasers targeting companies that rely on third-party overlays. They know these tools often fall short of providing true accessibility. Tools like BuiltWith make it easy for anyone to see what a website is built with. With just a click, you can access a list of websites using a specific tool—like AccessiBe or another accessibility overlay.

    Why Genuine Website Accessibility Efforts Matter

    If overlays aren’t the answer, what is? Real website accessibility means going beyond surface-level fixes to create a seamless, inclusive experience for all users. It’s a commitment to quality, usability, and long-term success. Here’s why it’s worth the effort:

    Tailored Fixes Address Specific Barriers

    No two websites—or audiences—are the same. A manual accessibility audit identifies the unique issues impacting your users and ensures they’re resolved effectively.

    User Testing Guarantees Real-World Usability

    Involving people with disabilities in your testing process provides insights that automated tools and overlays simply can’t replicate. It’s the difference between assuming accessibility and truly delivering it.

    Sustainable Practices Build Long-Term Compliance

    Web accessibility is a continuous journey—not a one-time task. Genuine efforts focus on:

    • Training Your Team: Equip your content creators, designers, and developers with the skills and knowledge to maintain accessibility throughout the site’s lifecycle.
    • Ongoing Monitoring: Use accessibility tools to identify new issues as they arise. Websites evolve, and so do the standards and technologies that shape them.
    • Proactive Planning: Incorporate accessibility into every stage of your workflow, from initial design concepts to regular updates or redesigns. This proactive approach prevents future problems and keeps your site ahead of accessibility requirements.

    Practical Steps for Website Accessibility

    Ready to ditch the quick fixes? Here’s how to achieve genuine website accessibility:

    1. Start with an Audit: Identify your site’s barriers with a professional accessibility audit. This creates a roadmap for improvement.
    2. Remediate Issues: Work with developers to fix identified issues, such as:
      • Add alt text to images.
      • Improve keyboard navigation.
      • Fix form labels and color contrast.
    3. Test with Real Users: Ensure your changes work in the real world by testing with people who use assistive technologies.
    4. Monitor and Maintain: Accessibility is ongoing. Use tools like Accessibility Radar (a11y.Radar) to stay proactive and address new issues as they arise.
    5. Partner with Experts: Accessibility is complex—don’t go it alone. Experts can guide you through compliance and ensure your efforts truly make a difference.

    Don’t Settle for a Shortcut That Fails 

    Accessibility overlays might sound tempting, but they’re no substitute for meaningful action. By addressing website accessibility at its core, you create an inclusive, compliant, and user-friendly website.

    Don’t settle for shortcuts that leave your users frustrated and your business at risk. Instead, invest in meaningful changes that prioritize user experience, long-term success, and a digital space where everyone feels welcome.

    Ready to take the first step? Partner with the experts at 216digital, who understand accessibility inside and out. Together, we can create a web that works for everyone—and protect your business in the process. Schedule your complimentary ADA briefing today to start your journey toward an accessible and compliant future.

    Greg McNeil

    December 5, 2024
    Legal Compliance
    Accessibility, Overlay, screen overlays, Website Accessibility, Widgets

  • How Accessibility Widgets Can Put Businesses at Risk

    Web-accessibility overlays, also known as accessibility widgets, promise an easy, one-click solution to achieving compliance with web-accessibility standards like the Web Content Accessibility Guidelines (WCAG). These widgets often claim to make websites instantly accessible to people with disabilities while shielding businesses from legal action.

    However, this promise is often too good to be true. Overlays have significant limitations, and relying solely on them can expose businesses to legal, reputational, and financial risks. This article will explore why overlays fall short, the dangers of assuming they are sufficient, and why companies need a more comprehensive approach to web-accessibility.

    What Are Website Accessibility Overlays?

    Accessibility overlays are third-party tools or scripts integrated into a website. They offer text resizing, color contrast adjustments, screen reader compatibility, and keyboard navigation. For businesses seeking quick solutions, these widgets appear convenient and cost-effective.

    Yet, accessibility experts and advocacy groups frequently criticize overlays for failing to address core accessibility issues. Many users with disabilities report that these tools do not work as advertised and often create more barriers than they remove.

    Legal Risks of Accessibility Overlays

    The legal landscape surrounding web-accessibility has become increasingly complex. Businesses in the United States are required to provide equal access under laws like the Americans with Disabilities Act (ADA) and, in some cases, the Rehabilitation Act. Non-compliance can result in lawsuits, financial penalties, and settlement costs.

    Here’s how overlays contribute to legal risks:

    False Sense of Compliance

    Overlays often give businesses a false sense of security by claiming compliance with WCAG standards. However, these widgets rarely fix underlying issues in the website’s code, which is the root of most accessibility barriers.

    Courts have consistently ruled that overlays are not a substitute for full compliance. For example, in cases like Robles v. Domino’s Pizza, the courts emphasized that businesses must address accessibility holistically, not rely on third-party fixes.

    Increased Legal Vulnerability

    Recent lawsuits have specifically targeted companies that rely on overlays. Plaintiffs argue that these tools fail to provide meaningful access and do not meet legal standards. Businesses using overlays can face repeat litigation from multiple plaintiffs or “copycat” lawsuits.

    Misleading Claims

    Overlays that advertise themselves as ADA-compliant solutions may expose businesses to additional liability under consumer protection laws for misleading claims.

    Reputational Risks of Accessibility Overlays

    In today’s socially conscious marketplace, accessibility is not just a legal requirement but a moral and ethical imperative. Failing to address accessibility authentically can damage a business’s reputation.

    Negative Feedback from Users

    Many individuals with disabilities report that overlays interfere with assistive technologies like screen readers and fail to improve their browsing experience. Frustrated users often take to social media to share their negative experiences, leading to bad publicity.

    Advocacy Group Backlash

    Disability advocacy groups are increasingly vocal about the ineffectiveness of overlays. A public campaign against a company for using a widget as a “quick fix” can tarnish its brand and alienate customers who value inclusivity.

    Erosion of Trust

    Businesses relying on overlays signal a lack of commitment to genuine accessibility. This can lead to diminished trust among consumers, especially in industries like retail, education, and healthcare, where accessibility expectations are high.

    Financial Risks of Accessibility Overlays

    The financial consequences of relying on accessibility overlays extend beyond potential lawsuits. They can lead to hidden costs that outweigh their initial affordability.

    Recurring Costs Without Long-Term Benefits

    Overlays typically operate on a subscription model, requiring ongoing payments. Despite these recurring costs, they fail to deliver permanent solutions, forcing businesses to invest in comprehensive remediation eventually.

    Cost of Legal Defense

    Defending against accessibility lawsuits is costly, even if a case doesn’t reach trial. Businesses relying on overlays may face higher legal expenses due to their inability to demonstrate genuine efforts toward compliance.

    Lost Revenue from Alienated Customers

    Accessibility barriers can drive away potential customers, especially in e-commerce. An inaccessible website limits the purchasing power of individuals with disabilities, who collectively control over $490 billion in disposable income in the United States alone.

    The Limitations of Accessibility Overlays

    Accessibility overlays are inherently limited because they address only surface-level issues. They do not fix the underlying structural problems in a website’s code. Key limitations include:

    • Incompatibility with Assistive Technology: Many widgets fail to work seamlessly with screen readers, keyboard navigation, or voice recognition software.
    • Partial Coverage: Overlays often address only a narrow set of accessibility issues, leaving gaps that continue to exclude users with disabilities.
    • Unintended Consequences: Some overlays introduce new barriers, such as excessive pop-ups, poor usability, or errors that disrupt the browsing experience.

    These limitations highlight why overlays cannot replace a robust accessibility strategy.

    A More Authentic Approach to Web-Accessibility

    To truly achieve accessibility, businesses must move beyond quick fixes and invest in comprehensive, authentic solutions. A holistic approach includes:

    Accessibility Audits

    Conducting thorough manual and automated audits to identify all accessibility barriers on a website. An audit provides a clear roadmap for remediation.

    Remediation of Core Issues

    Fixing the underlying code to ensure compliance with WCAG standards. This involves addressing issues like semantic HTML, proper labeling of forms, and ensuring content is perceivable, operable, understandable, and robust (POUR principles).

    Ongoing Maintenance

    Accessibility is not a one-time project. Regular updates, testing, and monitoring ensure that websites remain compliant as technology evolves.

    User-Centered Design

    Involving users with disabilities in the design and testing process ensures that solutions meet real-world needs.

    Expert Partnerships

    Partnering with accessibility experts helps businesses navigate complex legal requirements and implement effective solutions. Services like 216digital’s a11y.Radar provides ongoing monitoring to maintain compliance and reduce the risk of lawsuits.

    Why Businesses Should Avoid the Widget Trap

    While accessibility overlays may seem like a quick fix, their limitations and associated risks make them a poor choice for businesses serious about accessibility. A genuine commitment to accessibility requires addressing the root causes of inaccessibility, not just the symptoms.

    Schedule an ADA Briefing with 216digital

    If you’re ready to move beyond widgets and take meaningful steps toward true web-accessibility, schedule an ADA briefing with 216digital. Our team of experts will guide you through understanding accessibility standards, identifying areas for improvement, and implementing solutions tailored to your business. With tools like our a11y.Radar service for ongoing monitoring, we’ll help ensure that your website not only meets compliance requirements but also provides a user-friendly experience for everyone.

    By investing in a robust and authentic approach, businesses can avoid the legal, reputational, and financial pitfalls of relying on overlays. More importantly, they can create an inclusive digital experience that serves all users, regardless of ability.

    Greg McNeil

    November 20, 2024
    Legal Compliance
    Accessibility, ADA Compliance, Overlay, Overlay widgets, Website Accessibility, Widgets

  • Is ADA Compliance the Same as 508 Compliance?

    If you’ve worked on a website or digital content, you know accessibility isn’t just important—it’s essential. But here’s a common question that trips up even seasoned professionals: Are ADA compliance and Section 508 compliance the same thing? While they may seem similar at first glance—both aim to make digital experiences accessible—their differences are crucial, and misunderstanding them could mean focusing on the wrong standards for your audience or business.

    In this article, we’ll unpack the distinctions and overlaps between ADA and Section 508 compliance. By the end, you’ll not only understand what sets them apart but also how to use this knowledge to make your website truly accessible.

    What is ADA Compliance?

    ADA stands for the Americans with Disabilities Act, a landmark law passed in 1990 to ensure that people with disabilities have the same rights and opportunities as everyone else. The ADA covers a wide range of accessibility issues, from physical spaces (like ramps and elevators in buildings) to digital spaces (like websites and online services). In the context of websites, ADA compliance means making sure your website is accessible to people with disabilities.

    For websites, ADA compliance means ensuring accessibility for people with disabilities. This includes making your site usable for:

    • Visually impaired individuals using screen readers.
    • Deaf or hard-of-hearing users who rely on captions or transcripts.
    • People with motor disabilities who may use keyboards or alternative input devices instead of a mouse.

    While the ADA itself doesn’t give specific rules for websites, it requires businesses to ensure that their digital services are accessible. This is where guidelines like the Web Content Accessibility Guidelines (WCAG) come into play. The WCAG provides a set of standards for making websites accessible to everyone, including people with various disabilities.

    What is Section 508 Compliance?

    Section 508 is part of the Rehabilitation Act of 1973, a law designed to improve access for people with disabilities, especially in the workplace and in government. Section 508 specifically focuses on ensuring that federal agencies and contractors make their electronic and information technology (EIT) accessible. This includes websites, software, videos, and other forms of digital content used by government employees and the public.

    Section 508 compliance is more specific than ADA compliance because it lays out detailed technical standards for web accessibility. Unlike the ADA, which applies to all public and private entities, Section 508 is focused specifically on federal government entities and those that do business with the government.

    The Key Differences Between ADA and Section 508 Compliance

    Now that we have a basic understanding of both standards let’s take a look at some of the key differences:

    Scope of Applicability

    ADA compliance applies to all businesses, government entities, and organizations that provide public services, including websites, regardless of whether they are working with the federal government.

    On the other hand, Section 508 only applies to federal agencies, federal contractors, and any organizations or companies that receive federal funding or contracts. In other words, Section 508 is more narrow in scope than ADA compliance.

    Specificity of Standards

    ADA compliance serves as a general guideline rather than providing specific technical or legal instructions for web accessibility. Its primary focus is on the principle of accessibility, encouraging the design of websites that are usable by individuals with a variety of disabilities. By prioritizing inclusivity, ADA compliance aims to ensure that everyone can effectively access online content. ADA compliance often refers to the WCAG guidelines for web content accessibility.

    Section 508 compliance is more prescriptive, offering clear technical guidelines for web accessibility. These standards focus on things like screen reader compatibility, color contrast, keyboard navigation, and other specific details.

    Enforcement

    ADA compliance can be enforced through private lawsuits, meaning that individuals with disabilities or advocacy groups can take legal action if a website is not accessible. This has led to a number of high-profile lawsuits in recent years, where businesses were sued for failing to make their websites accessible.

    Section 508 compliance is enforced primarily through audits and inspections conducted by the federal government. If a government agency or contractor is found to be non-compliant, they could lose funding and contracts or be excluded from future government work.

    Similarities Between ADA and Section 508 Compliance

    Even though there are some important differences, both ADA compliance and Section 508 compliance share several key similarities:

    The Goal of Accessibility

    Both ADA and Section 508 aim to make the digital world more accessible to people with disabilities. This means ensuring that websites, online services, and content are usable by people who have visual, auditory, cognitive, or motor impairments.

    Use of WCAG Guidelines

    Both ADA and Section 508 compliance often refer to WCAG as a standard for making websites accessible. While Section 508 has its own set of technical requirements, these overlap with many of the WCAG principles. So, if you’re working on a website, it’s helpful to familiarize yourself with WCAG standards, whether you are concerned with ADA or Section 508 compliance.

    Testing for Accessibility

    Both ADA and Section 508 compliance require you to test your website for accessibility. This can include using screen readers, testing keyboard navigation, checking for proper color contrast, and making sure your site works with assistive technologies like voice recognition software.

    Practical Tips for Testing Your Website for Accessibility

    Whether you’re aiming to meet ADA or Section 508 compliance, here are some practical steps you can take to test and improve the accessibility of your website:

    Use Automated Tools

    There are a number of tools that can help you check for accessibility issues, like WAVE or Lighthouse. These tools scan your site for common accessibility issues like missing alt text for images, poor color contrast, and improper heading structure. While automated tools are helpful, they shouldn’t be your only testing method.

    Manual Testing

    Automated tools can catch some issues, but manual testing is also essential. This might include navigating your site with a keyboard (without using a mouse) or testing your site with a screen reader like NVDA or VoiceOver to see how it works for visually impaired users.

    Get Feedback from Users

    If possible, have people with disabilities test your site. Getting feedback from real users is one of the best ways to identify issues you might not have thought of. You can reach out to local accessibility organizations or use user testing platforms to gather feedback.

    Review Your Content

    Make sure your website’s content is accessible, too. This means providing text alternatives for images, videos with captions, or transcripts and using simple, easy-to-read language.

    Which Should You Focus On?

    Understanding the distinctions between ADA and Section 508 compliance is critical for creating an inclusive, accessible website that meets legal standards. If you’re a business owner, ADA compliance should be your primary concern. Federal contractors and agencies, on the other hand, must adhere to Section 508 requirements.

    The good news? Improving accessibility benefits everyone—not just your users, but your organization too.

    Navigating these regulations can feel daunting, but you don’t have to go it alone. At 216digital, we specialize in tailored accessibility solutions to help you meet both ADA and Section 508 standards. From comprehensive audits to ongoing monitoring, we’re here to guide you every step of the way.

    Ready to make your website accessible to everyone? Schedule an ADA briefing with 216digital and take the first step toward compliance and inclusivity.

    Greg McNeil

    November 19, 2024
    Legal Compliance
    Accessibility, ADA, ADA Compliance, Section 508, Web Accessibility

  • What Retailers Can Expect if They Aren’t Accessible

    In today’s digital marketplace, overlooking the accessibility of your website isn’t just a technical oversight—it’s a legal and financial pitfall that could jeopardize your entire business. As consumers increasingly flock to online shopping, retailers have a critical responsibility to ensure their websites are accessible to everyone, including people with disabilities. Failing to meet ADA compliance requirements isn’t just non-compliance; it’s an open invitation to lawsuits, hefty fines, and damaging publicity. The clock is ticking, and the stakes have never been higher. Is your business prepared to face the consequences of an inaccessible website?

    Understanding ADA Compliance and Accessibility Laws

    The Americans with Disabilities Act (ADA) was passed in 1990 to ensure that individuals with disabilities have equal access to public spaces. While the law was initially focused on physical spaces, such as stores and offices, the scope has expanded with the rise of the Internet. Today, many courts interpret the ADA as applying to websites, meaning retailers’ websites must be accessible to people with disabilities, including those who are blind, deaf, or have other impairments.

    ADA Guidelines for Web Accessibility

    Under ADA guidelines, businesses must make reasonable accommodations for disabled individuals by ensuring that their websites are usable by people who rely on screen readers, text-to-speech software, and other assistive technologies. If your website doesn’t meet these requirements, you might find yourself at risk for a lawsuit.

    What Are the Legal Risks for Retailers?

    If your website isn’t accessible, your business could be exposed to legal action. Retailers face the possibility of demand letters from law firms representing plaintiffs with disabilities. These letters often demand that companies make changes to their websites and may include a settlement request to avoid a lawsuit. A formal lawsuit could follow if these demands are ignored or if the retailer refuses to comply with ADA compliance.

    Common Accessibility Issues in Lawsuits

    • Images without Alt Text: Alt text describes the content of an image for screen readers. Missing alt text excludes visually impaired users from critical information.
    • Unlabelled Form Fields: Forms need clear labels and instructions for accessibility. Missing labels can lead to frustration and abandoned purchases.
    • Unclear or Missing Headings: Headings help organize content, making it easier for visually impaired users to navigate.
    • Non-Keyboard Accessible Navigation: Some users rely on keyboard shortcuts instead of a mouse. Websites not designed for keyboard navigation can exclude these users.

    The Cost of Non-Compliance

    So, what happens when a retailer faces a lawsuit or demand letter for not meeting ADA compliance?

    Legal Costs

    Defending against a lawsuit can be expensive, even if you ultimately win. The average cost of defending a web accessibility lawsuit can run tens of thousands of dollars. This does not include legal fees for settlements or necessary website updates.

    Settlements

    Many retailers choose to settle lawsuits rather than risk the expense and uncertainty of court. Settlement amounts can vary but often reach six figures. Additionally, companies must typically commit to updating their website for compliance, further adding to costs.

    Fines

    While the ADA itself doesn’t specify fines, related laws, like the Rehabilitation Act, require federal agencies to ensure accessibility. Violations can lead to significant fines, especially for businesses that accept federal funds or contracts.

    Damage to Brand Reputation

    Beyond legal costs, lawsuits over website accessibility can damage a brand’s reputation. A public lawsuit can erode consumer trust, lead to negative media coverage, and even cause loyal customers to lose faith in the inclusivity of your business.

    Loss of Customers and Sales

    The financial impact doesn’t stop with legal costs. Inaccessible websites exclude millions of potential customers, especially those with visual impairments. Poor user experiences can lead to lost sales and customer frustration.

    Big Brands, Bigger Penalties

    Web accessibility is no longer a theoretical risk—it’s a pressing reality affecting retailers across industries. In recent years, well-known brands have faced significant legal challenges for not meeting ADA compliance standards, underscoring the tangible consequences of non-compliance. Notable cases include:

    Target Corporation Settlement

    In a landmark 2006 case, the National Federation of the Blind (NFB) sued Target Corporation, arguing that its website’s inaccessibility violated the ADA, barring blind users from equal access to online services. This case culminated in a $6 million settlement in 2008, with Target committing to WCAG 2.0 standards. The settlement set a powerful precedent, establishing that websites are indeed extensions of physical stores and must comply with ADA standards.

    Beyoncé’s Parkwood Entertainment

    In 2019, a lawsuit against Parkwood Entertainment—the company managing Beyoncé’s official website—brought celebrity and entertainment sites into the accessibility spotlight. The case highlighted key issues, like missing alt text and inaccessible navigation, underlining that ADA compliance requirements extend to all online sectors.

    Dick’s Sporting Goods

    In 2021, Dick’s Sporting Goods faced a lawsuit over a lack of accessible design elements, from missing alt text to insufficient screen reader support. This case reaffirmed that even leading retailers are vulnerable if they overlook essential accessibility features.

    A Surge in Accessibility Lawsuits and the E-Commerce Sector

    The growing number of lawsuits drives home the urgency for retailers to proactively address web accessibility. According to Useablenet in 2023 alone, more than 4,600 ADA-related website accessibility cases were filed, with 82% targeting the retail sector. As consumers increasingly rely on online shopping, accessibility becomes essential for retailers to stay competitive and inclusive.

    Why E-Commerce Faces Elevated Legal Risks

    Retailers with online sales channels, particularly in e-commerce, face intensified scrutiny as customers with disabilities encounter persistent barriers to shopping online. According to the U.S. Center of Disease Control, 7.6 million Americans with visual impairments struggle with inaccessible websites, translating to missed revenue opportunities. By not prioritizing accessibility, e-commerce retailers risk losing out on an estimated $7 trillion in annual spending from the global disability market.

    The message is clear: the cost of non-compliance is high, and accessibility lawsuits are on the rise. For retailers, these cases underscore the importance of making accessibility a strategic priority to safeguard brand reputation and revenue alike.

    How to Avoid the Legal Pitfalls

    If you’re a retailer, the best way to avoid legal issues is to proactively make your website accessible. Here’s how to get started:

    Conduct an Accessibility Audit

    Use accessibility tools or hire an expert to evaluate your website. Many free and paid tools are available to help identify common accessibility issues.

    Follow WCAG Guidelines

    The Web Content Accessibility Guidelines (WCAG) set the standard for web accessibility, covering elements like text readability, video captioning, and more.

    Train Your Team

    Ensure that your website’s content managers are trained in accessibility best practices, helping you avoid common errors and keep your site compliant with updates.

    Stay Informed

    Accessibility laws and best practices are evolving, so it’s essential to stay updated on the latest requirements and trends.

    Secure Your Website’s Future

    ADA compliance isn’t just a legal obligation—it’s an opportunity to make your website more inclusive and accessible to a wider audience. Retailers who fail to make their websites accessible face serious legal risks, including lawsuits, legal fees, and damage to their brand’s reputation. On the flip side, ensuring your website is accessible to all users can boost customer trust, loyalty, and, ultimately, sales. By taking the necessary steps to make your website compliant with ADA standards, you protect your business and demonstrate your commitment to inclusivity.

    So, take action today to ensure your website is accessible. Your customers—and your bottom line—will thank you!

    For personalized guidance on making your website ADA compliant, reach out to 216digital for an ADA briefing. Our experts are here to help you navigate the complexities of web accessibility and secure your business against potential legal risks.

    Greg McNeil

    November 11, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ecommerce website, Retail, Web Accessibility

  • Are ADA Lawsuits Truly Addressing Web Accessibility Concerns or Financial Motives?

    The Americans with Disabilities Act (ADA) was enacted in 1990 to prohibit discrimination and ensure equal opportunities for people with disabilities, promoting accessibility in physical spaces, employment, transportation, and communication. Its core intent was, and still is, to remove barriers, offering individuals with disabilities equitable access to spaces, services, and information. Yet, as technology evolved, so did the legal landscape. 

    Today, ADA lawsuits increasingly target digital spaces, focusing on web accessibility. However, many argue that many of these cases may be financially motivated rather than genuinely aimed at improving user accessibility.

    This article will explore whether ADA lawsuits in the digital realm truly address accessibility concerns or have become vehicles for profit, disproportionately affecting small businesses and often failing to create meaningful accessibility changes.

    ADA’s Original Purpose: Accessibility for All

    Digital spaces were in their infancy when the ADA was introduced, and web accessibility wasn’t yet a primary focus. Over time, however, the need for digital accessibility became apparent as websites and apps became essential tools for daily life. The ADA’s promise of equal access naturally extended into these new spaces, with courts ruling that websites should be accessible to individuals with disabilities. In principle, these lawsuits aimed to push businesses toward compliance, making the digital world as accessible as the physical one.

    However, the sharp increase in web accessibility lawsuits has sparked debates. While some argue that these lawsuits hold businesses accountable, others claim they’ve strayed from the ADA’s purpose and are instead exploited for financial gain.

    The Surge in Web Accessibility Lawsuits: Financial Motives or Accessibility Goals?

    Data shows a dramatic increase in ADA-related digital accessibility lawsuits. According to a report from UsableNet, over 4,000 digital accessibility lawsuits were filed in 2023 alone, with the majority in industries like retail, food service, and e-commerce. Many of these lawsuits are part of what some legal experts call “drive-by” or “surf-by” suits, where plaintiffs—or law firms—quickly identify accessibility issues, sometimes without ever attempting to use the site.

    A well-known case involves Domino’s Pizza, which was sued by a visually impaired man who claimed the company’s website and mobile app were incompatible with his screen reader, making ordering food online impossible. In this instance, the lawsuit gained national attention, ultimately resulting in the Ninth Circuit Court ruling in favor of the plaintiff. While this case had an accessibility-focused outcome, it highlighted the complexities of web accessibility requirements under the ADA. Smaller businesses, however, often lack the resources to navigate lengthy litigation, and settlements can be a quicker option.

    High-Profile Examples and “Drive-By” Suits

    Certain plaintiffs and legal firms have been linked to hundreds, if not thousands, of ADA lawsuits. These “drive-by” or “surf-by” suits are often filed in large batches across multiple jurisdictions, targeting businesses with minor web accessibility issues. In these cases, it’s common for plaintiffs and attorneys to demand settlements without requiring that accessibility issues be addressed. This approach raises questions about the true intention behind these cases: Are they serving individuals with disabilities or simply a means to extract settlements?

    High-profile cases aside, small businesses bear the brunt of such lawsuits. For example, a local bakery or a small online retailer with limited technical knowledge and budget may unknowingly operate a website that needs to be fully ADA-compliant. When targeted by a lawsuit, they often find the cost of defending themselves too high, pushing them toward a settlement which rarely requires accessibility improvements.

    The Disproportionate Impact on Small Businesses

    Due to limited resources and awareness, small businesses are especially vulnerable to ADA lawsuits. Unlike large corporations, small business owners often lack dedicated legal or compliance departments, making it difficult for them to implement and maintain accessible websites. The financial strain can be significant; they face legal fees, potential settlements, and the cost of redesigning their websites for compliance.

    For many small businesses, even the threat of an ADA lawsuit is enough to cause financial stress. Paying legal fees and settlements can exhaust their budgets, sometimes leading to layoffs or even closures. While larger businesses may view these costs as part of risk management, small businesses face disproportionate consequences despite representing a smaller fraction of the digital marketplace.

    Are ADA Lawsuits Leading to Real Accessibility Improvements?

    With the increase in ADA lawsuits, one might assume that digital accessibility has improved dramatically. However, evidence suggests otherwise. Many cases settle out of court without requiring the business to make its website accessible. In these instances, settlements may address plaintiffs’ demands but leave broader accessibility issues unresolved.

    While larger companies might use settlements to improve accessibility, smaller businesses often struggle to implement changes even after legal action. Without clear guidelines from the ADA on web accessibility standards, businesses are left in a legal gray area, leading to inconsistent and often inadequate improvements. For meaningful change, legal actions would need to enforce accessibility upgrades as part of their resolutions. Unfortunately, in many cases, financial gain appears to take precedence over accessibility outcomes.

    How to Protect Yourself from Frivolous ADA Lawsuits

    Despite the challenges, businesses can proactively mitigate the risk of ADA lawsuits and ensure their websites are accessible. Here are several strategies:

    Conduct Regular Accessibility Audits

    Regularly assessing your website for accessibility compliance is essential. Automated tools and manual testing can help you catch and fix issues that may otherwise go unnoticed. While automated tools can identify many technical problems, manual testing is often necessary to ensure a website is accessible.

    Follow WCAG Guidelines

    The Web Content Accessibility Guidelines (WCAG) 2.1 are the global standard for web accessibility. While not legally binding under the ADA, adhering to these guidelines demonstrates a commitment to accessibility and can help businesses defend themselves against lawsuits.

    Partner with Accessibility Experts

    Hiring an external firm with expertise in web accessibility can provide invaluable insights and help you develop a compliance strategy. Accessibility experts like 216digital understand the nuances of ADA and WCAG compliance, making them well-equipped to help businesses avoid common pitfalls.

    Stay Informed on Legal Trends

    ADA compliance in the digital space is rapidly evolving, and staying informed on relevant lawsuits and rulings can help businesses understand potential risks. Engaging with industry groups or associations that focus on digital accessibility can also provide guidance and resources.

    Maintain Documentation and Accessibility Policies

    Documenting your efforts to comply with accessibility standards can help demonstrate a proactive approach. Maintaining a web accessibility policy and records of improvements can strengthen your defense if faced with a lawsuit.

    Moving Toward Meaningful Change in Web Accessibility

    For ADA lawsuits to truly serve their intended purpose, they need to result in real accessibility improvements rather than financial settlements alone. While some cases serve as important reminders for businesses to make their websites accessible, the prevalence of drive-by suits highlights the need for more explicit standards and legal reform. Small businesses, in particular, require more guidance and support to achieve compliance without facing financial ruin.

    A Call for a Balanced Approach

    In conclusion, ADA lawsuits can be a powerful tool for advancing web accessibility, but only if they prioritize access over profit. For meaningful progress, lawsuits should focus on enforcing change rather than leveraging settlements. By adopting proactive accessibility strategies, businesses can protect themselves from frivolous lawsuits and contribute to a more inclusive digital landscape for all users.

    By taking steps to prioritize accessibility, companies can reduce their exposure to ADA lawsuits and ensure that their websites are accessible to all users, fulfilling the original purpose of the ADA. For any organization, compliance is a legal obligation and an opportunity to create an inclusive and user-friendly digital experience.

    Ready to get started? Schedule a complimentary ADA strategy briefing with 216digital today. Let’s work together to protect your online business!

    Greg McNeil

    November 4, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Web Accessibility, Website Accessibility

  • Why 100% ADA Compliance Isn’t Realistic

    If you own a website or create online content, it’s crucial to understand what ADA compliance truly entails. In today’s digital landscape, failing to address accessibility isn’t just a missed opportunity—it’s a potential liability. Despite promises from certain agencies claiming they can make your site “100% ADA-compliant,” the reality is more complex. Can any website truly meet full compliance in an ever-evolving digital world? Let’s take a closer look at what this means and why a one-size-fits-all solution may not be enough to protect you from legal risks or to provide a genuinely accessible experience.

    What is ADA Compliance?

    The Americans with Disabilities Act (ADA) was passed in 1990 to ensure that people with disabilities have equal rights and opportunities. While the ADA doesn’t specifically mention websites, it has been interpreted to apply to them, especially under Title II (which covers state and local governments) and Title III (which focuses on public accommodations like businesses).

    For websites, ADA compliance often means following the Web Content Accessibility Guidelines (WCAG). These guidelines help make online content more accessible to everyone, including those with visual, auditory, or other disabilities. The WCAG principles can be summed up as follows:

    • Perceivable: Information must be presented in a way that users can perceive, like providing text alternatives for images.
    • Operable: Users must be able to navigate and interact with the content using various devices and assistive technologies.
    • Understandable: Information and user interfaces should be clear and straightforward.
    • Robust: Content must be compatible with current and future user agents, including assistive technologies.

    Can a Website Be 100% ADA-Compliant?

    Now, here’s the tricky part: claiming that a website can be 100% ADA compliant is not only misleading but also unrealistic, and there is no legal definition. Why is that? Because the web is constantly changing. New technologies, design trends, and content updates can all affect how accessible a website is. Lastly, the Department of Justice has never set in stone what it means for a website to be legally compliant.

    Accessibility Standards vs. Ongoing Compliance

    Understanding the difference between achieving accessibility standards and maintaining compliance is crucial. You might partner with an agency that helps you meet specific accessibility goals today. However, if you don’t continue to monitor and update your website, you could risk falling out of compliance as your site evolves.

    For example, if you add new content or change your design, you need to ensure those changes also meet accessibility standards. This ongoing effort is what keeps your website welcoming and usable for all visitors.

    False Claims by Agencies

    Many agencies will promise they can make your website “fully ADA compliant.” They might use phrases like “one-time fix” or “permanent compliance.” While that sounds appealing, it’s often not realistic. Here’s why:

    1. One-Time Solutions: If an agency offers a quick, one-time fix, be cautious. Accessibility isn’t a set-it-and-forget-it situation. Websites need continuous updates and adjustments.
    2. Guaranteed Compliance: Some agencies might claim they can guarantee compliance. However, there is no set legal standard for web compliance. You might still face ADA lawsuits even after working with an agency.
    3. Frivolous ADA Lawsuits: It’s unfortunate, but there are frivolous ADA lawsuits out there. Some businesses are sued over accessibility issues that seem exaggerated. This highlights the importance of taking genuine steps toward accessibility rather than relying on empty promises.

    What to Look For in an Agency

    So, how do you find the right agency for web accessibility services? Here are some tips to help you choose wisely:

    1. Continuous Support: Look for agencies that offer ongoing support instead of just a one-time fix. This could include regular audits and updates based on user feedback.
    2. Transparency: A reputable agency should be clear about what they can and cannot guarantee. They should help you set realistic expectations for what compliance looks like.
    3. Education: The best agencies will not only assist you in making your website compliant but will also educate you on how to maintain accessibility in the long run. Knowledge is power!
    4. Customized Solutions: Every website is unique. An effective agency should be willing to tailor their approach to meet your specific needs and goals.

    Setting Realistic Expectations

    As a website owner, setting realistic expectations about what ADA compliance means for your site is crucial. Accessibility is a journey, not a destination. While you can take significant steps to improve your site’s accessibility, it’s essential to recognize that this is an ongoing commitment.

    Be wary of agencies that promise a quick fix or complete compliance. Instead, look for partners who understand the evolving nature of web content and can help you adapt over time.

    Secure Lasting Accessibility with 216digital

    The web is dynamic, and maintaining accessibility requires ongoing effort. Choosing an agency focused on continuous support and education equips you to create an inclusive online space for everyone

    At 216digital, we prioritize not only bringing your website into compliance but also educating you on how to maintain and enhance accessibility long after your project is complete. We’re committed to supporting you on this journey every step of the way.

    We encourage you to schedule an ADA briefing with us to learn how we can help you navigate the complexities of web accessibility. Together, we can ensure your website remains welcoming and usable for all visitors.

    Embrace the journey, and let’s make the web a better place for everyone!

    Greg McNeil

    November 1, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA Website Compliance

  • Is Your Website ADA-Compliant?

    Ever wonder if your website is truly welcoming to all visitors? It’s easy to think, “My site looks great. It works smoothly—why worry?” But here’s the catch: a good-looking, functional site isn’t always an accessible one. And if your website isn’t ADA compliant, you could be unintentionally shutting the door on a massive group of potential visitors and customers—people with disabilities.

    Let’s put it this way: imagine if a brick-and-mortar store had narrow, cluttered aisles or no ramps. Customers with mobility challenges would struggle to get in or move around. Now, think of your website as that store. If it isn’t built with accessibility in mind, visitors with disabilities may find it impossible to navigate, use, or even understand what you’re offering.

    So, is your website ADA-compliant? If you’re not sure or have never checked, this guide is for you. We’ll break down what ADA compliance means, why it matters, the standards to follow, and how you can ensure your site is welcoming to all. Ready to see if your online space meets the mark? Let’s dive in.

    Why ADA Compliance Matters

    Making sure your website is ADA-compliant isn’t just a box to check off—it’s a vital part of running a business that’s inclusive and future-proof. An accessible website means everyone, regardless of ability, can navigate, engage with, and enjoy your content. This approach not only helps build trust and loyalty but can also increase your audience and improve user satisfaction. And let’s not forget, it comes with important legal and business benefits.

    Legal Implications

    The Americans with Disabilities Act (ADA) requires that businesses—including their websites—be accessible to everyone. If your site isn’t ADA-compliant, you could be in for a rough ride. The number of ADA-related lawsuits has been rising fast. In 2023, for instance, over 4,500 web accessibility lawsuits were filed in the U.S., which was a 15% increase from the year before, according to UsableNet.

    Courts have been clear that digital spaces are covered by the ADA, even though it was created before the internet as we know it existed. And it’s not just big businesses being targeted—small and medium-sized businesses have also found themselves in legal hot water over inaccessible sites. Legal fees, settlements, and potential damage to your reputation can add up quickly, costing far more than making your website compliant in the first place. By focusing on accessibility, you’re not just protecting your business; you’re showing that inclusivity is a priority.

    Expanding Your Audience

    Making your site ADA-compliant isn’t just about sidestepping legal issues—it’s also about reaching more people.  The World Health Organization (WHO) reports that over 1 billion people globally live with some form of disability. In the U.S., the Centers for Disease Control and Prevention (CDC) says that 26% of adults have some kind of disability. This includes a wide range of challenges, from visual and hearing impairments to mobility and cognitive issues.

    Think about it: if your website is easier to use for people with disabilities, you’re opening your doors to a vast number of potential customers who might have otherwise struggled with your site. In fact, a study in the U.K. found that 71% of users with disabilities will leave a site that’s hard to use, and 82% of them are willing to spend more on a site that’s accessible. That’s a lot of potential revenue and customer loyalty that can be yours just by making your site more inclusive.

    Understanding Web Accessibility Standards

    To create an accessible website, it’s essential to understand key standards, particularly the Web Content Accessibility Guidelines (WCAG). These guidelines, developed by the World Wide Web Consortium (W3C), provide a roadmap for making web content more accessible to people with disabilities.

    Key Principles of WCAG

    The WCAG outlines four fundamental principles, often remembered by the acronym POUR:

    1. Perceivable: Information must be presented in ways that users can perceive. This means providing text alternatives for images, using captions for videos, and ensuring sufficient contrast between text and background colors.
    2. Operable: Users should be able to navigate the site using various methods. This includes keyboard navigation and the ability to pause or stop animations.
    3. Understandable: Content and navigation must be easy to understand. This includes using clear language, consistent navigation, and proper labeling of forms.
    4. Robust: Content should be compatible with various technologies, including assistive technologies like screen readers. This means writing clean, semantic HTML.

    By adhering to these principles, you’ll be well on your way to creating a more accessible website.

    Common Barriers to Web Accessibility

    Even with the best intentions, many websites still have barriers that prevent people with disabilities from accessing their content. Here are a few common issues:

    Images Without Alt Text

    Images can be a significant barrier if they don’t have descriptive alt text. Alt text is essential for users who rely on screen readers, as it provides context about the image.

    Poor Color Contrast

    If the contrast between your text and background is too low, it can be challenging for individuals with visual impairments to read your content. Aim for a contrast ratio of at least 4.5:1 for normal text.

    Inaccessible Forms

    Forms are often problematic. If they lack labels or instructions, users with disabilities may find it challenging to fill them out. Always ensure that forms are correctly labeled and provide clear instructions.

    Lack of Keyboard Navigation

    Many users with disabilities rely on keyboard navigation rather than a mouse. If your website doesn’t support this, it can create significant barriers.

    Testing Your Website for Accessibility

    Now that you understand the importance of ADA compliance and common barriers, how do you ensure your website is accessible? Here are some methods for testing your site:

    Manual Checks

    Begin with manual checks of your website. Go through your site using only the keyboard. Can you navigate easily? Test your forms to see if they’re usable without a mouse. This basic level of testing can reveal a lot about your site’s accessibility.

    Automated Tools

    Automated accessibility testing tools can help identify many common issues quickly. Here are a few popular options:

    • WAVE: This browser extension evaluates accessibility and highlights issues on your page.
    • Lighthouse: Built into Chrome’s developer tools, Lighthouse provides audits of various web aspects, including accessibility.

    While these tools are helpful, they don’t catch everything. They should be used in conjunction with manual checks to ensure a truly ADA-compliant website.

    User Testing with Assistive Technologies

    The best way to understand how ADA-compliant your site truly is is to test it with real users who have disabilities.

    • Screen Readers: Ask users to navigate your site using popular screen readers like JAWS or NVDA.
    • Keyboard Navigation: Observe how users interact with your site using only a keyboard.

    Getting feedback from users with disabilities will give you insights that automated tools might miss.

    Practical Steps to Improve Accessibility

    Once you’ve identified accessibility issues on your site, what should you do next? Here are some practical steps you can take:

    • Start with an Accessibility Audit: Before making any changes, conduct a comprehensive audit of your website. Use both automated tools and manual checks to identify barriers.
    • Prioritize Quick Wins: Addressing some accessibility issues can take time, but there are many “quick wins” you can tackle right away.
    • Implement Staff Training and Awareness: Accessibility is not just a one-person job. Ensure your content creators, developers, and designers are trained on best practices for maintaining and improving web accessibility.
    • Monitor Accessibility Consistently: Regular audits are essential, but ongoing monitoring ensures that new updates don’t introduce issues. Services like 216digital’s a11y.Radar can help by continuously checking for compliance and alerting you to new challenges.

    Conclusion

    Making sure your website is ADA-compliant is more than just checking a legal box—it’s about creating a space where everyone feels welcome. Prioritizing accessibility can open your business to a wider audience, boost user satisfaction, and even shield you from potential legal issues. But let’s be honest: navigating the ins and outs of accessibility can feel overwhelming.

    That’s where we come in. At 216digital, we’re here to make it simple. Schedule an ADA briefing with us to find out if your website is at risk and how we can help make it more inclusive. Don’t wait until there’s a problem; get ahead of it and show your commitment to accessibility today. Your future customers (and your peace of mind) will thank you!

    Greg McNeil

    October 30, 2024
    Legal Compliance
    Accessibility testing, ADA Compliance, ADA Lawsuit, WCAG, Web Accessibility

  • A Case for Starting Accessibility Early in Development

    When you’re kicking off a new web project, it’s easy to focus on exciting features and visual design. But here’s something that often gets pushed aside until it’s almost too late: accessibility. The truth? Accessibility isn’t just a box to check off at the end of development; it’s a fundamental part of creating an inclusive, user-friendly experience from day one. To truly succeed, you need to start accessibility early.

    Think about it: no one wants to realize their new website or app needs major tweaks just to be usable for everyone. Starting accessibility early not only benefits people with disabilities but boosts usability for all your users, saves you money, and keeps you in line with standards like Web Content Accessibility Guidelines (WCAG). And who doesn’t want to avoid headaches later on?

    Let’s break down why embedding accessibility into your project from the very beginning is worth every bit of effort—and how to make it happen smoothly.

    Why Start Accessibility Planning from the Beginning?

    Making accessibility a priority from day one can feel like a big commitment, but here’s what you gain by choosing to start accessibility early:

    Avoid Costly Retrofits

    Fixing accessibility issues at the end of a project can mean reworking significant parts of your site—an expensive and time-consuming ordeal. Imagine designing your site, launching it, and then realizing it doesn’t meet accessibility standards. Adding features like keyboard navigation or fixing color contrast at that point can mean redoing large chunks of your design. Planning for these details early on keeps everything smoother (and kinder on your budget).

    Enhance User Experience for All

    When you start accessibility early, you set the stage for a user experience that is friendly and inclusive for everyone. Accessibility isn’t just for those with disabilities—it’s for everyone. Features like clear navigation, easy-to-read text, and well-labeled elements make browsing better for all users. Designing with accessibility in mind from the start ensures these benefits are baked in, rather than added later.

    Stay Compliant and Avoid Legal Issues

    Starting with WCAG standards and other accessibility guidelines from the get-go helps you avoid legal hiccups. These guidelines form the backbone of inclusive web design and ensure you’re in line with regulations like the Americans with Disabilities Act (ADA). Following these rules early on makes compliance one less thing to worry about.

    How to Integrate Accessibility into Each Stage of Development

    Accessibility can be woven into every phase of your project with just a bit of planning. Here are some actionable steps for developers and designers:

    Design with Accessibility in Mind

    From the beginning, designers play a critical role in accessibility by setting the structure and visual flow of a project. Here are a few accessibility best practices to incorporate during the design phase:

    Color Contrast and Readability

    Make sure your text is easy to read against its background. According to WCAG guidelines, regular text should have at least a 4.5:1 contrast ratio, while larger text should have a 3:1 contrast ratio. Testing tools like WebAIM’s Color Contrast Checker make this quick and easy to verify.

    Intuitive Layout and Navigation

    A clear, intuitive layout ensures all users can navigate your site. Place navigation elements consistently, keep forms simple, and use ample white space to make content easier to digest. These are just a few examples of how to start accessibility early in your design strategy.

    Descriptive Text for Buttons and Links

    Buttons and links should have descriptive text that tells the user exactly what will happen when they click. Instead of a vague “click here,” label it with “Learn More About Accessibility,” for example. Clear labels improve navigation for users and assistive technologies alike.

    Use the Right HTML Tags

    Developers can make a huge impact when they start accessibility early by using semantic HTML. Semantic HTML tags—like <header>, <main>, <nav>, and <footer>—convey the structure of your webpage to screen readers and other assistive devices, helping users navigate more effectively.

    Proper HTML Markup

    Use headings (<h1>, <h2>, etc.) in a logical order, and never skip heading levels. This creates a clear hierarchy for users relying on screen readers and assists everyone in navigating your content.

    Descriptive Alt Text for Images

    Screen readers rely on alternative text (alt text) to describe images to visually impaired users. Ensure every image with meaningful content has a description that conveys what’s in the image or its purpose. If the image is purely decorative, use an empty alt attribute (e.g., alt=" ") to signal to screen readers that it can be ignored.

    ARIA Attributes

    Accessible Rich Internet Applications (ARIA) roles and attributes provide additional context where HTML alone may fall short. For example, you can use aria-label to describe the function of a button or aria-live to notify screen readers of real-time changes, like alerts.

    Test for Accessibility as You Go

    Testing for accessibility throughout development lets you catch issues early before they become a headache to fix. Here’s how to implement regular accessibility checks:

    Automated Accessibility Tools

    Automated testing tools like Lighthouse and WAVE can detect many common accessibility issues, such as missing alt text or incorrect heading levels. However, keep in mind that while these tools are valuable, they’re not a complete solution.

    Manual Testing and Keyboard Navigation

    Not all accessibility features can be evaluated by automated tools, so manual testing is essential. Many users with disabilities rely on keyboards instead of a mouse, so test your site using keyboard navigation alone. Make sure users can access all interactive elements (like links, forms, and buttons) and follow a logical tab order.

    Screen Reader Testing

    Use screen readers like NVDA (for Windows) or VoiceOver (for Mac) to simulate how users with visual impairments experience your site. This will help you catch any missing descriptions, confusing elements, or awkward navigation.

    Get Feedback from Users with Disabilities

    Involving people with disabilities in testing phases offers invaluable insights. Real users bring unique perspectives that automated tools or simulated testing just can’t replicate.

    Plan for Inclusive Testing

    Recruit a diverse group of testers who use different assistive technologies, including screen readers, magnification software, and voice control. Their feedback can reveal practical challenges and usability issues you might not anticipate.

    Iterate Based on Feedback

    Make adjustments based on real-world experience and retest if needed. Accessibility is an ongoing process, and user feedback will help you understand where improvements are necessary.

    Regularly Check Your Site

    Keeping your site accessible isn’t a one-and-done task—it’s an ongoing process. Regular audits help ensure that your site or app stays up to date with accessibility standards as you make changes or add new features. These check-ups can catch any issues that might have been overlooked during development, or that pop up over time. But audits alone don’t cover everything; that’s where regular monitoring comes in.

    Services like a11y.Radar makes a big difference by providing continuous monitoring to help keep your website accessible. With automated checks and detailed reports, a11y.Radar alerts you to potential issues early on so you can fix them before they turn into bigger problems. Plus, it helps you stay aligned with current WCAG guidelines, which are always evolving.

    Combining regular audits with a monitoring service like a11y.Radar keeps your site running smoothly and ensures a user-friendly experience for everyone.

    Building a Culture of Accessibility

    Making accessibility a foundational part of your development culture is key to sustaining these practices long term. Here are some ideas to foster an accessibility-first mindset in your team:

    Educate and Train Your Team

    Provide training on accessibility guidelines and tools for all team members, from designers and developers to project managers and content creators. Workshops, webinars, and resources on WCAG standards and inclusive design can help create a shared understanding of accessibility’s importance.

    Keep Accessibility Resources Available

    Ensure your team has access to accessibility checklists, WCAG guidelines, and tool recommendations. Having these resources easily accessible means team members can refer to them at any stage of development.

    Regularly Review and Share Accessibility Wins

    Celebrate small successes, such as completing accessibility testing on a new feature or receiving positive feedback from an accessibility audit. Recognizing and sharing progress reinforces the importance of this work and motivates your team to continue prioritizing accessibility.

    Helpful Tools for Accessibility

    There are a variety of helpful tools for accessibility checks and improvements. Here are a few top options:

    • WebAIM’s Color Contrast Checker: Verifies that contrast meets WCAG standards for readability.
    • Lighthouse and WAVE: An open-source accessibility tool that runs quick checks on your web pages for WCAG compliance.
    • Screen Readers: Test with NVDA (Windows), VoiceOver (Mac), and TalkBack (Android) to experience your site from the perspective of visually impaired users.
    • ARIA Authoring Practices Guide: This guide provides information on implementing ARIA roles and attributes to enhance assistive technology compatibility.

    Ready to Make Accessibility Part of Your Game Plan?

    So, there you have it—starting accessibility early isn’t just a nice-to-have; it’s a win-win for everyone involved. By weaving accessibility into your project from day one, you’re not only sidestepping costly revisions but also crafting a better experience for all your users. Plus, you’re keeping things legally sound, which is always a good move.

    But we get it—navigating the world of WCAG guidelines and accessibility best practices can feel a bit like decoding a secret language. If you’re ready to start accessibility early in your web development process without complicating your project, let’s talk. Schedule an ADA briefing with us at 216digital, and we’ll guide you through your journey in plain English (no tech jargon). Let’s work together to make the digital world a more inclusive place—one accessible website at a time.

    Greg McNeil

    October 28, 2024
    Legal Compliance, The Benefits of Web Accessibility
    Accessibility, Accessibility testing, ADA Compliance, UX, web development

  • ADA Lawsuits: How They’re Shaping the Internet

    The Internet is an essential part of daily life. We shop, work, learn, and even socialize online. But for millions of people with disabilities, the digital world can feel like a locked door. That’s where the Americans with Disabilities Act (ADA) steps in. Originally designed to ensure access to physical spaces, the ADA is now playing a significant role in making sure the digital world is accessible to everyone.

    Let’s dive into how ADA lawsuits are shaping the future of the Internet and why this movement towards web accessibility matters for all of us.

    Why Web Accessibility Matters

    Imagine trying to buy groceries online, book a doctor’s appointment, or read the news—but being unable to do so because the website isn’t accessible. This is the reality for many people with disabilities. Web accessibility aims to remove these barriers, making sure websites are usable by all, whether someone is blind, deaf, has limited mobility, or faces cognitive challenges.

    It’s not just about compliance; it’s about creating a better experience for everyone. When websites are more accessible, they’re also more user-friendly. For example, features like closed captions help users with hearing impairments, but they’re also useful for anyone in a noisy environment.

    How the ADA Applies to the Digital World

    The ADA, passed in 1990, is a law meant to prevent discrimination against people with disabilities. While it initially focused on physical locations, it’s evolved to include digital spaces like websites, mobile apps, and online services.

    Title III of the ADA requires “places of public accommodation” to be accessible. While that originally meant places like stores and restaurants, the DOJ published guidance in 2022 confirming its position that the ADA does apply to websites, stating:

    “…the Department has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”

    – U.S. Department of Justice | Guidance on Web Accessibility and the ADA (2022)

    This shift is significant because it brings the same standards of accessibility that apply to physical spaces into the digital realm. If a website isn’t accessible, it could violate the ADA—leading to legal action.

    Key Lawsuits Driving Change

    Several high-profile lawsuits have set important legal precedents for web accessibility, encouraging businesses to prioritize digital inclusivity. Here are some of the most significant cases that have reshaped the digital landscape:

    Robles v. Domino’s Pizza (2019)

    In 2016, Guillermo Robles, a blind man, sued Domino’s Pizza because he couldn’t use their website or mobile app to order food. Robles relied on screen-reading software, but Domino’s website and app were not compatible with it, making the services inaccessible.

    The case went through multiple courts, with Domino’s arguing that the ADA did not clearly apply to websites. However, the Ninth Circuit Court of Appeals disagreed, stating that the ADA does cover websites and apps if they are closely tied to a physical location that serves the public. The U.S.

    Supreme Court declined to review the case, effectively affirming the lower court’s ruling. This landmark case established a strong precedent that digital services must be accessible, especially if they’re an extension of a physical business.

    Winn-Dixie Stores Inc. v. Gil (2017)

    In 2016, Juan Carlos Gil, a blind man who uses screen-reading software, attempted to access the website of the grocery chain Winn-Dixie but found it was incompatible with his software. Unlike Robles v. Domino’s, Winn-Dixie had no functional website components for users to complete transactions online; however, the website did allow users to refill prescriptions, access coupons, and find store locations—services that were considered extensions of its physical stores.

    The federal court sided with Gil, ruling that the website’s connection to the physical stores meant it had to comply with ADA requirements. Although the Eleventh Circuit later reversed this decision, arguing that websites themselves are not necessarily “places of public accommodation,” this case still sparked important conversations about digital accessibility. It highlighted that when a website is integral to a business’s services, it must meet accessibility standards.

    Bashin v. ReserveCalifornia.com (2023)

    Bryan Bashin, a blind user, filed a lawsuit against ReserveCalifornia.com, a state-run site responsible for booking campsites in California’s state parks. Bashin faced numerous challenges while using the website, including unlabelled buttons and forms that his screen reader couldn’t interpret. What made this case unique was that Bashin targeted not just the website itself, but also the state contractor responsible for the website’s development and maintenance.

    This lawsuit emphasized the importance of holding government contractors accountable for digital accessibility, setting a new precedent. The court ruled in favor of Bashin, making it clear that not only are government-run websites subject to ADA compliance, but so are third-party developers who manage public websites. This ruling added new pressure on contractors and developers to implement accessibility features from the start, ensuring that websites are built with inclusivity in mind.

    Evolving Legal Requirements for Web Accessibility

    As the number of ADA lawsuits grows, so do the legal requirements for web accessibility. While there’s no one-size-fits-all standard, the Web Content Accessibility Guidelines (WCAG) have become the go-to benchmark. These guidelines are designed to make websites more usable for people with disabilities and cover areas like:

    • Text Alternatives: Providing descriptive text for images, videos, and other non-text content.
    • Keyboard Accessibility: Ensuring users can navigate sites using only a keyboard.
    • Readable Fonts and Color Contrast: Make sure fonts are easy to read, and colors are distinguishable for people with vision impairments.
    • Video Captions and Transcripts: Offering captions for videos and transcripts for audio content.

    By aligning your website with these guidelines, you reduce the risk of legal challenges and create a better user experience for everyone.

    How Businesses Are Adapting

    As the legal landscape shifts, many businesses are taking proactive steps to ensure their websites comply with accessibility standards. Here are a few strategies they are employing:

    Investing in Training and Resources

    Many companies are now training their web development teams on accessibility standards. By understanding the principles of web accessibility, teams can create more inclusive websites from the ground up.

    Conducting Accessibility Audits

    Regular audits of websites can identify areas needing improvement. Companies are increasingly employing tools and experts to evaluate their sites against WCAG standards. This helps pinpoint issues like missing alt text or improper heading structures.

    Integrating Accessibility Features from the Start

    More businesses are making accessibility a priority during the design phase. This includes adding features such as keyboard navigation and ensuring that content is structured in an accessible way. By embedding these practices from the beginning, companies can avoid costly retrofits down the line.

    Engaging with the Community

    Some businesses are partnering with organizations that advocate for individuals with disabilities. By seeking feedback from actual users, they can better understand accessibility challenges and improve their websites accordingly. This not only leads to a better product but also fosters goodwill and loyalty among customers.

    Long-Term Implications for the Future of the Internet

    The growing emphasis on web accessibility has several long-term implications for the future of the Internet:

    Increased Awareness of Inclusivity

    As more companies recognize the importance of web accessibility, we will likely see a cultural shift in how businesses approach design and user experience. Prioritizing inclusivity can attract a broader audience and create loyal customers.

    Legal Precedents Will Shape Standards

    As more ADA lawsuits are filed, legal precedents will increasingly dictate what is considered acceptable in terms of web accessibility. Businesses will need to stay informed about these developments to avoid potential legal pitfalls.

    Technological Advancements

    The demand for accessible web design will likely spur innovation in technology and tools. We can expect new solutions that simplify the process of making websites accessible, from AI-driven accessibility checkers to improved assistive technologies.

    A Culture of Accessibility

    As web accessibility becomes a norm, future designers and developers will likely prioritize inclusivity from the outset. This could lead to a more inclusive internet overall, where all users can engage equally.

    Conclusion

    Web accessibility is reshaping the digital landscape, and it’s clear that the ADA’s influence is paving the way for a more inclusive internet. While compliance with these evolving standards may seem daunting, it’s ultimately about creating a digital environment where everyone can navigate and engage with ease. By enhancing accessibility, you’re not just adhering to legal requirements—you’re fostering a more user-friendly experience for all.

    Instead of seeing accessibility as a burden, consider it an opportunity to make your website more welcoming and effective. It’s a chance to lead by example and demonstrate your commitment to inclusivity. If you’re curious about where your website stands, scheduling an ADA briefing with 216digital can be a great first step. Let’s shift the focus from obligation to opportunity, one accessible website at a time.

    Greg McNeil

    October 22, 2024
    Legal Compliance, The Benefits of Web Accessibility
    ADA, ADA Compliance, ADA Lawsuit, Web Accessibility

  • 5 Accessibility Mistakes to Dodge This Holiday Season

    Many eCommerce businesses make most of their income during the holiday shopping season, so your website must perform to the best of its ability during the Black Friday and Cyber Monday promotions. Web Accessibility is probably the last thing on your mind when you’re already in a frenzy to ensure you’re maximizing every visit to your website. However, you may be leaving money on the table or making yourself vulnerable to expensive litigation if you don’t stay diligent with your digital inclusivity.

    For many customers—especially those with disabilities—shopping online is their primary option. If your website isn’t accessible, you’re alienating a significant portion of your audience (up to 20%) and potentially violating the Americans with Disabilities Act (ADA).

    To help you prepare for the holiday rush, let’s go over five common web accessibility mistakes businesses make during holiday promotions and how you can avoid them.

    Insufficient Alt Text for Images

    Holiday promotions often rely on eye-catching images, banners, and product displays. However, if those images lack appropriate alt text, customers using screen readers won’t be able to understand their content. Alt text (short for alternative text) provides a textual description of an image that’s accessible to screen reader users.

    Why It Matters

    Alt text is essential for individuals with visual impairments. If a visually impaired customer is browsing your site and encounters an image without a proper description, they’ll have no idea what’s being displayed. Imagine running a huge Black Friday sale, but your best deals are hidden from a portion of your audience simply because your images aren’t described.

    How to Fix It

    As you add promotional banners and products to the website, always make sure you’re adding alt text to the images. Here’s an example:

    <img src=" winter-sale-banner.jpg" alt=" Banner for Winter Sale - Up to 50% off jackets and coats">

    Do not use image file names or vague text such as “sale-img” or “Sale Image”. Make sure the alt text contains enough information that the user understands the purpose of the image and contains any words that appear on the image.

    Poor Color Contrast

    With holiday promotions comes festive design—bright colors, eye-catching buttons, and themed decorations. While these designs may look great, they often fail color contrast standards. Having adequate color contrast is not only good for color-blind users, but it also makes the website easier for everyone to navigate.

    Why It Matters

    According to WCAG, the minimum contrast ratio between text and background should be at least 4.5:1 for normal text and 3:1 for larger text. When the contrast is too low, customers with low vision or color blindness may struggle to read important information, such as product details or discount codes.

    How to Fix It

    Use tools like the WebAIM Contrast Checker to ensure your color choices meet the WCAG contrast ratio guidelines. For example, a light gray text on a white background will likely fail the contrast test, but switching to a darker gray or black can make a big difference.

    Here’s an example of a common mistake and how to correct it:

    <!-- Poor contrast -->
<p style="color: #cccccc; background-color: #ffffff;">50% off all products!</p>
<!-- Better contrast -->
<p style="color: #000000; background-color: #ffffff;">50% off all products!</p>

    Pay attention to your text color, button colors, and even the contrast of smaller elements like icons.

    InaccessibleNavigation and Controls

    Most store owners don’t consider that some users do not navigate their website with a mouse. Even some users without disabilities prefer to use other input methods to quickly navigate some sections of your website.

    Why It Matters

    Blind and motor-impaired users rely on the keyboard, gestures, or voice commands to navigate your website. If your navigation, contact forms, category filters, and product pages are not properly coded to support these input methods, these users will be denied equal access to the website and may not be able to make a purchase with you at all, losing you a valuable customer and potentially damaging your reputation.

    How to Fix It

    Regularly test the functional portions of your website with a keyboard. Attempt to start at the homepage, navigate to a category page, use the category filters, add/remove product quantities, and select product options without your mouse. If you encounter a problem with an element, it’s likely not coded using the correct element. You can force an element to receive keyboard focus using the tabindex attribute. The role="button" attribute will help users navigating with assistive technology better understand the purpose of the control:

    <span class="swatch-button" tabindex="0" role="button">Beige</span>

    Better yet, use the correct semantic HTML tag to accomplish this:

    <button class="swatch-button">Beige</button>

    Semantic HTML helps users relying on assistive technology understand the purpose of controls and also helps Google better understand the structure of your website:

    <nav>
	<a href="/products">All products</a>
	<a href="/products/sale">Sale products</a>
	<a href="/contact">Contact Us</a>
</nav>

    Missing Captions on Promotional Videos

    Videos are an excellent way to showcase products, promote deals, or explain services during the holiday season. However, many businesses forget to include captions, making the content inaccessible to users who are deaf or hard of hearing.

    Why It Matters

    Videos contain a lot of important information in the form of spoken words and visual cues. Both blind and deaf users rely on accessible closed captions (not just subtitles) to understand the content of the video. Also, some users may be in noisy environments and are unable to hear the video.

    How to Fix It

    Most popular video platforms have auto-captioning features, but these tend to just subtitle the video rather than create truly accessible closed captions. There are many cheap and easy closed captioning services, such as Rev.com, that have quick turnarounds.

    Here’s how you implement closed captions from an external service:

     <video controls>
  <source src="promo-video.mp4" type="video/mp4">
  <track kind="captions" src="captions_en.vtt" srclang="en" label="English">
  Your browser does not support the video tag.
</video>

    Always test the captions to make sure they sync properly with the video and cover both spoken dialogue and important sound effects.

    Over-reliance on Automated Accessibility Overlays

    It might seem tempting to use automated accessibility overlays, especially during the hectic holiday season. These are often marketed as one-click solutions to make your website accessible. The Department of Justice has issued clear guidance that these solutions are inadequate in addressing web accessibility, and they may get you targeted with litigation.

    Why It Matters

    Automated accessibility overlays claim to fix all accessibility issues on a website, but they usually fail to address the root problems. Blind users are outspoken that they dislike these solutions as they tend to interfere with the assistive technologies they’re already comfortable with. We’ve also seen these solutions specifically called out in lawsuits as a reason for being targeted.

    How to Fix It

    The best way to ensure your site is accessible is by addressing the core issues in your code and design. Automated tools can help identify problems, but manual reviews and fixes are essential. Invest in manual audits and focus on meeting the WCAG guidelines through thoughtful design and coding practices.

    Here’s an example of using a reliable method instead of relying on an

    <!-- Instead of using an overlay for images, provide clear alt text -->
<img src= "holiday-product.jpg" alt= "Red winter coat with a 30% off discount tag">

    Automated tools tend to use AI to label images and controls and often misrepresent content on the website, leading to a potentially overtly harmful experience.

    Conclusion

    As you gear up for holiday promotions, make sure accessibility is at the top of your checklist. By avoiding these common mistakes—insufficient alt text, poor color contrast, inaccessible navigation, missing captions, and over-reliance on automated tools—you’ll ensure that your website is welcoming and easy to use for everyone.

    Not only does improving web accessibility help you reach a wider audience, but it also protects your business from legal risks and ensures compliance with WCAG and ADA standards. Taking the time to implement these changes now will pay off during the holiday rush and beyond.

    If you’re unsure about the accessibility of your site, reach out to 216digital using the contact form below for a free evaluation.

    Bobby

    October 21, 2024
    How-to Guides, Legal Compliance
    holiday promotions, How-to, web development, Website Accessibility
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