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  • Understanding HB 21-1110: Colorado’s Web Accessibility Law

    Colorado has always been a leader in creating inclusive policies, and it was one of the first states to make web accessibility a law.

    On July 1, 2021, House Bill 21-1110 was passed, outlining clear steps for state agencies and other organizations to ensure their websites and communication platforms are accessible to everyone.

    So, what does this mean for you? How can you tell if this law affects you? And what does it mean to meet WCAG 2.1 at Level AA?

    Understanding these questions is important—not just because it’s a legal requirement, but also to make sure everyone, including people with disabilities, can access digital content. This guide will explain everything you need to know about complying with HB 21-1110 and making your digital content accessible.

    What is House Bill 21-1110?

    House Bill 21-1110 is a major law in Colorado that requires all state and local government websites to follow digital accessibility standards. Signed by Governor Jared Polis on June 30, 2021, this bill builds on the Americans with Disabilities Act (ADA) and gives the Chief Information Officer (CIO) of the Office of Information Technology (OIT) a key role in making sure these standards are met.

    One of the biggest changes with this bill is that people can now file accessibility lawsuits not only in federal courts but also in state courts. This means more opportunities to challenge government websites that aren’t meeting accessibility standards.

    The Deadline for Compliance

    House Bill 21-1110 set a deadline of July 1, 2024, for all state and local government websites in Colorado to meet WCAG 2.1 Level AA standards for digital accessibility. The CIO is responsible for creating guidelines based on the latest Web Content Accessibility Guidelines (WCAG).

    If government agencies don’t meet these standards by the deadline, they could face legal action from individuals with disabilities who can now file suits directly in Colorado state courts. This bill impacts over 4,000 local government entities in Colorado, pushing them to make web accessibility a priority.

    Extension Grant Introduced in May 2024

    In May 2024, Colorado introduced an extension for some government entities that might not meet the July deadline. These agencies could extend their compliance deadline until July 2025, but they had to show a good-faith effort toward meeting digital accessibility standards by July 19, 2024. This includes:

    • Creating a detailed progress report on their websites and updating it quarterly.
    • Providing an easy-to-find way for visitors to report accessibility issues, with clear contact information on public-facing pages.

    Who Does HB 21-1110 Apply To?

    HB 21-1110 applies to all state and local government entities in Colorado, including:

    • State agencies
    • Local governments (cities and counties)
    • Content owners managing government websites

    Any public entity providing digital services or information must comply, ensuring that people with disabilities can access government resources.

    What About Non-Government Entities?

    Currently, HB 21-1110 only applies to government websites. However, if you run a private business, you may still need to follow the ADA. Many U.S. courts apply the ADA to websites and use WCAG as the standard for web accessibility. It’s a good idea to make sure your site is accessible.

    How Can You Know if Your Website is Compliant with HB 21-1110?

    To comply with HB 21-1110, websites need to be audited for digital accessibility. This means checking the site’s content, structure, and design against WCAG 2.1 Level AA standards. While automated tools can help, it’s best to work with digital accessibility experts who can catch issues automated tools might miss, like keyboard navigation or color contrast problems.

    After the audit, you’ll need to make updates, such as adding alt text to images, captioning videos, improving content structure, and enhancing form navigation.

    Steps to Ensure HB 21-1110 Compliance

    Here’s a simple guide to help you comply with House Bill 21-1110:

    1. Conduct a Website Audit: Check your site against WCAG 2.1 Level AA standards, focusing on readability, navigation, and multimedia accessibility. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
    2. Develop a Remediation Plan: Create a plan based on your audit to address the most pressing accessibility issues.
    3. Make Necessary Updates: Work with a web development team or hire accessibility experts to implement fixes like adding alt text or improving keyboard navigation.
    4. Test for Compliance: After updates, test your site again to ensure it meets the standards. It’s also helpful to get feedback from users with disabilities.
    5. Monitor Accessibility Regularly: Keep auditing your site as you add new content or make changes to ensure continued compliance. 216digital’s a11y. Radar service provides ongoing monitoring of your website or app to detect any new accessibility issues that may arise over time. This proactive approach helps prevent potential violations before they lead to costly lawsuits.
    6. Train Your Staff: Ensure your team understands how to create accessible content, such as writing proper alt text and making PDFs accessible.

    What Are the Consequences of Non-Compliance?

    If a government entity doesn’t meet the OIT’s digital accessibility standards, it could face:

    • Court orders
    • Monetary damages
    • Fines of $3,500 per violation
    • Loss of funding
    • Public backlash

    To avoid these penalties, it’s crucial to take action now. If you haven’t started working toward compliance, now is the time to focus on digital accessibility.

    Conclusion

    While House Bill 21-1110 currently applies only to state and local governments, private businesses should be proactive about preparing for future changes in digital accessibility requirements. If your business falls under Title III, now is a great time to schedule an ADA briefing with 216digital. Staying ahead of digital accessibility standards will help protect your business and ensure your website is accessible to all. Don’t wait Don’the laws to catch up—start planning today!

    Kayla Laganiere

    August 29, 2024
    Legal Compliance
    digital accessibility, HB 21-1110, House Bill 21-1110, Web Accessibility

  • Senators Push for Section 508 Update

    In recent news, U.S. senators have advocated for an update to Section 508, a vital law ensuring federal websites and digital resources are accessible to all individuals, particularly those with disabilities. But why does this matter to you as a website owner, developer, or content creator? Let’s break down what Section 508 is, why web ADA compliance matters, and how an update could reshape the digital accessibility landscape.

    What is Section 508?

    Section 508, part of the Rehabilitation Act of 1973, is a law focused on barriers for people with disabilities. In 1998, when the internet became crucial in everyday life, Section 508 was updated to require federal government entities to make their digital services accessible to people with disabilities. Section 508 guides everything from websites and apps to PDFs and videos.

    At its core, Section 508 ensures that government websites and digital content are navigable and usable for individuals with disabilities. Some examples of accessibility improvements are implementing features like screen readers for visually impaired users, captioning for those with hearing impairments, or ensuring that people with motor disabilities can navigate websites using only a keyboard.

    Check out our article “A Closer Look at Section 508” for more info on Section 508.

    What is Web ADA Compliance?

    While Section 508 applies specifically to federal agencies, it overlaps with the Americans with Disabilities Act (ADA), particularly when it comes to website accessibility. The ADA, enacted in 1990, requires public accommodations (including businesses and organizations) to be accessible to people with disabilities. Although the ADA doesn’t mention websites, courts have increasingly interpreted its provisions to apply to the digital world.

    Now, let’s introduce web ADA compliance. Website owners, especially businesses, are increasingly expected to ensure their digital spaces are as accessible as their physical ones. Some examples of accessibility improvements include ensuring websites meet specific standards, such as providing text descriptions for images (alt text), creating keyboard-friendly navigation, and ensuring that users can zoom in on text without losing content functionality.

    If your website isn’t compliant, you may be at risk of legal action, not to mention alienating potential customers or clients who are unable to access your site.

    Why the Push for an Update to Section 508?

    The internet and technology have evolved significantly since 1998, and while Section 508 has received updates over the years, many argue that it still falls short when ensuring comprehensive digital accessibility. A U.S. Government Accountability Office report found that 48% of federal websites still fail to meet basic accessibility standards.

    This failure highlights the growing need for more robust, precise guidelines reflecting the rapidly changing digital landscape. U.S. Senators Bob Casey (D-PA), Chairman of the U.S. Senate Special Committee on Aging, Ron Wyden (D-OR), Chairman of the U.S. Senate Finance Committee, John Fetterman (D-PA), and Tammy Duckworth (D-IL) are advocating for an update to Section 508. They are pushing for modernized standards that consider the latest web technologies and accessibility tools in the Section 508 Refresh Act.

    For example, the original guidelines didn’t account for mobile devices or advanced multimedia content, now everyday parts of online experiences. By updating Section 508, the government hopes to set a more potent example for digital accessibility that private sector websites can follow.

    Section 508 Refresh Act Proposed Updates

    The Section 508 Refresh Act will bring much-needed updates to the law. Here’s what the bill will do:

    • Involve People with Disabilities: Federal departments and agencies will now have to include people with disabilities—both as users of government services and information, and as government employees—in the process of acquiring and testing federal technology for accessibility.
    • Improve the Complaint Process: The act will reform how complaints under Section 508 are handled and set up a new process for deciding which federal technology gets purchased, with strict accountability to ensure the technology is accessible.
    • Require Regular Testing: Federal departments and agencies will need to regularly test their technology to make sure it’s accessible to both federal workers and all Americans who use federal programs and information.
    • Appoint Compliance Officers: Each federal department and agency will be required to have qualified, dedicated Section 508 compliance officers to ensure the technology they buy and use is accessible.

    How Does Section 508 Affect Your Website?

    Although Section 508 primarily applies to federal agencies, its standards can serve as a guideline for businesses and organizations striving to meet web ADA compliance. Here’s how the push for a Section 508 update could affect website owners like you:

    Rising Accessibility Expectations

    The conversation around digital accessibility is growing, and consumers are becoming more educated about their rights. A more substantial Section 508 could raise the bar for accessibility standards, creating a ripple effect in the private sector. While your business may not be legally bound by Section 508, failing to meet modern accessibility standards can cause a loss of revenue and costly legal engagements.

    Avoiding Legal Risks

    Over the past few years, ADA-related website lawsuits have increased. Big and small businesses have received expensive lawsuits for not providing accessible websites. An update to Section 508 could bring more attention to web ADA compliance, meaning your business might face heightened scrutiny. To protect yourself, it’s a good idea to stay ahead of any legal requirements by ensuring your website is accessible to all. 216digital offers complimentary ADA risk assessments.

    Improving Usability for All Users

    Let’s face it: accessibility isn’t just about meeting legal standards. It’s about making your website better for everyone. When your website is accessible, it’s easier to navigate, more user-friendly, and more likely to attract a wider audience. An update to Section 508 could bring more explicit guidelines and tools that can help website owners like you make necessary improvements to usability.

    What Does Digital Accessibility Look Like?

    Now that you understand why the push for a Section 508 update is essential let’s dive into what digital accessibility looks like. Ensuring your website is accessible means implementing changes that benefit users with disabilities, including those who are blind, deaf, or have mobility impairments. However, these changes often improve the experience for all users.

    Here are a few key accessibility features to consider for your website:

    Alt Text for Images

    People using screen readers rely on descriptive text for images to understand the content on the page. Someone visually impaired would only know what the image is about with alt text. Adding alt text for images isn’t just a best practice for accessibility—it’s also good for SEO, helping your images rank better in search engines.

    Keyboard Navigation

    Not all users can use a mouse. Many people with mobility impairments rely on keyboard navigation to move through websites. Testing for keyboard navigability (with features like tabbing and clear focus indicators) is critical for accessibility.

    Captioning for Videos

    People who are deaf or hard of hearing rely on captions to understand video content. Providing captions for all videos on your site is a must for web ADA compliance. Fortunately, many video platforms, like YouTube, offer automated captioning services that you can edit to improve accuracy.

    Text Resizing

    For users with low vision, being able to zoom in on text is essential. Test your site by zooming pages to 200% and ensure your content adjusts accordingly without breaking the layout. Text resizing is especially important for mobile users who often zoom in to read content on small screens.

    Readable Fonts and Colors

    Some users need help with reading specific fonts or color combinations. Use simple, easy-to-read fonts and ensure adequate contrast between text and background colors. Contrast improvements will help users with vision impairments and make your website more accessible to read for everyone.

    What Can You Do as a Website Owner?

    With all this in mind, what steps can you take to ensure your website meets digital accessibility standards and remains web ADA compliant?

    Run an Accessibility Audit

    Several online tools, such as 216digital’s Accessibility Radar, can help you identify accessibility issues on your website. By running an audit, you’ll see where your site falls short and what areas need improvement.

    Learn About WCAG

    The Web Content Accessibility Guidelines (WCAG) is the gold standard for digital accessibility. Familiarizing yourself with WCAG 2.2, the latest version, can be a guideline for site improvements. These guidelines cover everything from text alternatives for non-text content to ensuring your site is compatible with assistive technologies.

    Work with an Accessibility Expert

    If you’re unsure how to start or need help making significant changes, consider hiring an accessibility experts like 216digital. They can help ensure your website meets Section 508 and web ADA compliance standards, reducing your risk of legal issues and improving your overall user experience.

    Regularly Update Your Site

    Web accessibility requires ongoing maintenance. As your site grows and changes, continually check for accessibility issues. Whether adding new content, launching a redesign, or building new features, accessibility should always be a priority.

    Stay Ahead of the Game

    With senators pushing for an update to Section 508, there’s never been a better time to focus on digital accessibility. Not only will improving your website’s accessibility help you avoid legal risks, but it will also create a better experience for all users. Staying on top of accessibility trends and best practices is essential for any website owner, developer, or content creator. So take the time now to ensure your site is accessible—it’s not just the right thing to do; it’s good business.

    Schedule a complimentary ADA Strategy Briefing to talk with one of our accessibility experts and take the next step with confidence into web accessibility.

    Greg McNeil

    August 28, 2024
    Legal Compliance
    digital accessibility, Section 508, Web Accessibility, web compliance, Website Accessibility
  • Understanding the Limitations for Unruh Act

    Understanding the Limitations for Unruh Act

    The Unruh Civil Rights Act (Unruh Act) is a critical piece of California legislation that ensures everyone is entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Initially passed in 1959, it is a cornerstone of California’s commitment to prohibiting discrimination based on sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation.

    With the increasing number of online transactions and the expansion of e-commerce, there has been a notable rise in Unruh Act claims related to web accessibility, making it more important than ever for businesses to understand their legal obligations.

    Expansion to Online Businesses

    While the act initially focused on physical spaces like hotels, restaurants, and stores, its application has expanded to cover online businesses. Many online businesses, particularly those that have recently moved into the digital space, may not fully realize that their websites and apps are considered ‘places of public accommodation’ under the Unruh Act. This oversight can lead to unintentional violations and subsequent legal action.

    Common Scenarios for Unruh Act Claims

    Businesses that fail to comply with the Unruh Act can face serious legal consequences. The act allows individuals who have experienced discrimination to file lawsuits against offending businesses. In recent years, one of the most prominent areas of litigation under the Unruh Act has been web accessibility. Here’s a closer look at a landmark case:

    Robles v. Domino’s Pizza

    One of the most notable cases involving the Unruh Act is Robles v. Domino’s Pizza. In this case, Guillermo Robles, a blind man, sued Domino’s Pizza, claiming that the company’s website and mobile app were inaccessible to visually impaired users who rely on screen readers. Robles argued that this lack of accessibility violated both the Americans with Disabilities Act (ADA) and the Unruh Act.

    The case eventually made its way to the Ninth Circuit Court of Appeals, which ruled in favor of Robles. The court affirmed that websites and mobile apps are considered places of public accommodation under both the ADA and the Unruh Act.

    The Robles case has set a significant precedent, leading to increased scrutiny of businesses’ digital accessibility efforts. Since this ruling, numerous lawsuits have been filed against companies that fail to provide accessible online services, highlighting the importance of proactive compliance.

    Statute of Limitations for Unruh Act Claims

    In legal terms, the statute of limitations is a set period during which a person must file a lawsuit or claim after an event occurs. It helps protect both sides: the person bringing the case (plaintiff) and the person being sued (defendant). This time limit ensures that cases are addressed in a reasonable amount of time and prevents legal actions from dragging on forever.

    Timeframes for Filing Claims

    In California, the timeframe for filing a claim under the Unruh Act depends on how the claim is handled.

    • Through the California Civil Rights Department (CRD): If a plaintiff wants to file a claim through the CRD, they must do so within one year from the date of the alleged discrimination.
    • Privately: If the claim is filed privately, not through the CRD, the timeframe extends to two years from the date of the discriminatory act.

    Consequences of Missing the Deadline

    Missing the statute of limitations for an Unruh Act claim can have significant consequences. For plaintiffs, it means the loss of the opportunity to seek compensation for the harm they have suffered. This could include financial damages and the chance to force a business to change its discriminatory practices.

    Missing the deadline does not absolve businesses of the underlying issue. While they may avoid a particular lawsuit, the continued failure to comply with the Unruh Act leaves them vulnerable to future claims. Moreover, the reputational damage associated with non-compliance can negatively impact customer trust and loyalty.

    It’s also worth noting that businesses that repeatedly fail to comply with the Unruh Act may become targets for serial litigants—individuals who seek out violations specifically to file lawsuits. This can result in multiple lawsuits, leading to substantial legal fees, settlements, and other costs.

    Protecting Your Online Business

    Given the complexities and potential risks associated with the Unruh Act, online businesses must take proactive steps to ensure compliance. This is where partnering with a knowledgeable and experienced firm like 216digital can make a significant difference.

    216digital’s Accessibility Services

    At 216digital, we specialize in web accessibility and compliance services designed to protect businesses from the legal risks associated with the Unruh Act and other similar regulations. Our comprehensive approach includes:

    • Accessibility Audits: We conduct thorough accessibility audits of your website or app to identify potential issues that could lead to Unruh Act claims. Our audits cover both automated and manual testing methods to ensure that all aspects of accessibility are addressed.
    • Remediation Services: Once issues are identified, we provide expert remediation services to bring your digital properties into compliance. This includes making necessary code changes, optimizing for assistive technologies, and ensuring all content is accessible.
    • Ongoing Monitoring: Compliance is not a one-time task with 216digital’s a11y.Radar service provides ongoing monitoring of your website or app to detect any new accessibility issues that may arise over time. This proactive approach helps prevent potential violations before they lead to costly lawsuits.
    • Consulting and Training: We offer consulting services to help your team understand the requirements of the Unruh Act and other accessibility laws. Additionally, we provide training to ensure your team maintains compliance as you update and expand your digital presence.

    By partnering with 216digital, you can protect your business from the risks of Unruh Act claims and demonstrate your commitment to inclusivity and accessibility, which can enhance your brand reputation and customer loyalty.

    Wrapping Up

    The Unruh Civil Rights Act is a powerful tool for protecting the rights of individuals in California, and its application to online businesses underscores the importance of web accessibility. Understanding the limitations of the Unruh Act, including the statute of limitations for filing claims, is essential for both individuals seeking to enforce their rights and businesses aiming to avoid legal pitfalls.

    For businesses, the best defense against Unruh Act claims is a proactive approach to web accessibility. By working with an expert partner like 216digital, you can ensure that your online presence fully complies with the law, protecting your business from legal risks while enhancing the user experience for all visitors.

    Greg McNeil

    August 26, 2024
    Legal Compliance
    digital accessibility, Unruh Act, Unruh Civil Rights Act, Web Accessibility, Website Accessibility
  • Why Small Businesses Face More ADA Web Lawsuits

    Why Small Businesses Face More ADA Web Lawsuits

    In the bustling world of small business, every penny counts. So, it’s no wonder that when an unexpected expense pops up, it can feel like a huge blow. One such cost that’s been increasingly affecting small businesses lately is the rise in web ADA lawsuits. These lawsuits, centered around web accessibility, are not just a concern for big corporations but have also become a significant issue for mom and pop shops. Let’s dive into why small businesses are particularly vulnerable to these lawsuits, how ADA website compliance has become a recent battleground, and what you can do to ensure your site is up to snuff.

    Understanding Web Accessibility and ADA Lawsuits

    Before we get into why small businesses are targeted, let’s start with the basics. The Americans with Disabilities Act (ADA) is a law designed to ensure that people with disabilities have equal access to all aspects of public life, including the digital world. Web accessibility falls under this mandate, meaning that websites need to be usable by people with various disabilities, such as vision impairments, hearing loss, or mobility issues.

    In recent years, ADA lawsuits focusing on web accessibility have surged.  In 2023 alone, plaintiffs filed 4,605 federal and state-filed ADA-related digital lawsuits across the United States. This trend shows no sign of slowing down, with organizations of all sizes—small businesses to Fortune 500 companies—finding themselves in litigation.

    The idea is that if your website isn’t accessible to everyone, including those with disabilities, you could be breaking the law. This has led to a spike in legal actions, with plaintiffs’ lawyers targeting businesses they believe are not compliant with ADA standards.

    Why Are Small Businesses Targeted by Plaintiffs’ Lawyers?

    You might wonder why small businesses, especially those run by hardworking mom and pop owners, seem to be hit harder by these lawsuits than larger companies. Here are a few reasons why small businesses are often in the crosshairs:

    1. Limited Resources: Small businesses often operate with tight budgets and limited staff. This means they might not have the resources to keep up with all the legal and technical requirements for web accessibility. Large corporations, on the other hand, typically have dedicated teams and budgets for compliance and legal matters.
    2. Less Robust Defense: When a lawsuit is filed, it often involves extensive legal fees and time-consuming processes. Small businesses might find it harder to mount a strong defense against these lawsuits compared to larger companies that have in-house legal teams or access to experienced attorneys.
    3. Higher Visibility: Many small businesses have websites that might not be as well maintained or as accessible as those of larger businesses. This makes them more noticeable targets for plaintiffs’ lawyers who are on the lookout for non-compliant sites.
    4. Insurance Coverage: Small businesses might not have insurance that covers ADA-related lawsuits, or their coverage might not be comprehensive enough to handle the costs. Larger businesses are more likely to have insurance policies that include legal protections for such issues.

    ADA Website Compliance: The Latest Tactic Used by Plaintiff’s Lawyers

    As the internet has become a crucial part of doing business, ADA website compliance has emerged as a new tactic for plaintiffs’ lawyers. Here’s why this is happening:

    1. Increased Focus on Digital Accessibility: With the rise of online shopping and digital services, accessibility issues have become more visible. Plaintiffs’ lawyers have noticed this trend and are using it as a new avenue to pursue claims.
    2. Ambiguity in the Law: The ADA was enacted in 1990, long before the internet became a staple of daily life. As a result, there is some ambiguity about what constitutes compliance for websites. This lack of clear guidelines means that plaintiffs’ lawyers can argue their cases based on their interpretations of the law.
    3. Settlement Potential: For many businesses, settling out of court is less costly than fighting a lawsuit. Plaintiffs’ lawyers know this and may target small businesses that are more likely to settle quickly rather than face lengthy legal battles.
    4. Rising Awareness: As more people become aware of web accessibility issues, there is an increased chance of someone noticing and reporting non-compliant websites. This rising awareness has led to more lawsuits being filed.

    How to Make Sure Your Small Business Website is ADA-Compliant

    Now that we’ve covered why small businesses are often targeted and how ADA website compliance has become a popular legal battleground, let’s talk about what you can do to ensure your website is up to standard.

    1. Understand Web Accessibility Guidelines: The Web Content Accessibility Guidelines (WCAG) are a set of standards designed to make web content more accessible. Familiarize yourself with these guidelines to understand what needs to be done. They cover aspects like text readability, alternative text for images, and keyboard navigation.
    2. Conduct a Website Audit: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
    3. Incorporate Accessibility Features: Make sure your website includes features that assist users with disabilities. This can include adding captions to videos, ensuring that your site is navigable by keyboard, and using descriptive link text.
    4. Test with Real Users: If possible, get feedback from real users who have disabilities. Their experiences can provide valuable insights into areas where your website might need improvement.
    5. Stay Informed and Up-to-Date: Web accessibility standards and best practices can evolve over time. Stay informed about any changes and make updates to your website as necessary to remain compliant.
    6. Seek Professional Help: If you’re unsure where to start or need assistance, consider consulting with an accessibility expert or web developer who specializes in ADA, like 216digital. We can guide you through the process and help ensure that your website meets all necessary standards.
    7. Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about web accessibility. This helps create a culture of inclusivity and ensures that accessibility remains a priority.

    Protect Your Small Business With 216digital

    ADA website compliance is crucial for small businesses, with significant implications that shouldn’t be overlooked. Plaintiffs’ lawyers often target mom-and-pop shops, making it essential to take proactive steps to ensure your website meets accessibility standards. By staying informed, conducting regular audits, and integrating accessibility features, you not only safeguard your business against costly lawsuits but also create a more inclusive experience for all your customers.

    To ensure your website is fully compliant and accessible, consider scheduling an ADA briefing with 216digital. Our team can guide you through the complexities of web accessibility, helping you create a welcoming online space for everyone while protecting your business from potential legal risks. Don’t wait until it’s too late—reach out to us today to secure your website’s future.

    Greg McNeil

    August 21, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Small Business, Web Accessibility, Website Accessibility
  • 2024 Mid-Year Report ADA Lawsuits Trends

    2024 Mid-Year Report ADA Lawsuits Trends

    As we reach the midpoint of 2024, it’s crucial for business owners, project managers, and web development teams to stay informed about trends and challenges related to ADA lawsuits, especially concerning web accessibility. In recent years, the landscape of digital accessibility has evolved significantly, impacting businesses of all sizes across various industries. This article aims to provide a comprehensive mid-year report on ADA lawsuits, upcoming trends, and proactive measures to protect your online business.

    Trends in 2024 for ADA Lawsuits

    As we move through 2024, the landscape of Americans with Disabilities Act (ADA) lawsuits is undergoing significant changes. Several emerging trends reflect shifts in legal practices, targets of litigation, and evolving standards in web accessibility. Here’s a comprehensive look at what you can expect in the upcoming months.

    Decrease in Overall ADA Lawsuit Numbers

    For the first time in years, there has been a slight decrease in the number of ADA lawsuits filed. In fact, we are anticipating to have 600 less federal court case than in 2023. This reduction is primarily due to increased judicial scrutiny. Judges now require plaintiffs and their legal teams to present more detailed and specific claims. Vague or generic allegations no longer suffice to move forward in court. This heightened scrutiny is filtering out cases deemed frivolous or opportunistic, leading to a decrease in the overall number of filings.

    Impact of Recent Defense Victories

    Recent defense victories in federal ADA claims have also contributed to this decline. These victories have set precedents that make it more challenging for plaintiffs to succeed with less substantiated claims. As a result, some law firms are shifting their focus to state courts, where they might perceive a higher chance of success. This shift is impacting the overall landscape of ADA lawsuits, with fewer cases reaching the federal level.

    Small Companies Are in the Crosshairs

    Interestingly, there has been a significant shift in the targets of ADA lawsuits. Over 66% of the lawsuits filed through June 2024 have been against companies with revenues under $25 million. In contrast, 34% have been against larger companies. This shift is a natural progression after years of lawsuits targeting major corporations. Many of the largest companies have already faced lawsuits and implemented comprehensive accessibility programs, leaving smaller businesses as the new focus for plaintiffs.

    The Rise of eCommerce and ADA Violations

    The rise in eCommerce, driven by changing consumer spending habits, has exposed more small and medium-sized businesses to potential ADA violations. As these businesses expand their online presence, they become more susceptible to lawsuits if their websites are not fully accessible. Smaller businesses may lack the resources or knowledge to ensure full compliance with ADA requirements, making them vulnerable targets for litigation.

    Overlays Could Make You a Target Now More Than Ever

    Despite significant investments in accessibility widgets, these tools often fail to reduce legal risks effectively. In fact, in 2024, plaintiffs have already filed 503 lawsuits against websites with active widgets, compared to 449 in 2023. This is a 20% increase in lawsuits against websites using widgets and screen overlays. These tools are marketed as quick fixes for accessibility issues but frequently fall short of their promises.

    Common Problems with Widgets

    It has been proven that accessibility widgets can create additional barriers for users with disabilities. Common problems include incompatibility with screen readers, failure to address all accessibility concerns, and even introducing new issues. These limitations highlight that relying solely on widgets is not an adequate solution for legal protection or genuine accessibility improvements. Businesses must seek comprehensive solutions to ensure their websites are fully accessible.

    Evolving Legal Standards

    The legal landscape surrounding web accessibility is continuously evolving. On April 8, the U.S. Attorney General signed a new rule under ADA Title II, setting clear web accessibility standards for state and local governments. This means their services, programs, and activities must now be accessible to people with disabilities. Depending on the size of their websites, these entities have two to three years to implement these accessibility standards.

    Potential Changes to ADA Title III

    While the current update focuses on public sector entities under ADA Title II, it could serve as a model for changes to Title III, which covers public accommodations and commercial facilities. This potential shift might lead to stricter and more uniform accessibility standards in the private sector, affecting businesses and nonprofits that interact with the public.

    Increased DOJ Enforcement

    The Department of Justice (DOJ) is expected to increase enforcement efforts, ensuring that businesses comply with these evolving standards. This means that businesses must stay informed about these changes and proactively work towards compliance to avoid potential lawsuits and penalties. Staying ahead of these legal standards will be crucial for businesses to minimize legal risks and enhance accessibility for all users.

    The Importance of Staying Informed

    Staying informed about the latest trends and legal changes in ADA compliance is crucial for businesses of all sizes. This not only helps in avoiding potential lawsuits but also ensures that businesses are accessible to all customers, enhancing their reputation and customer satisfaction. Companies should consider consulting with legal experts and accessibility professionals to stay ahead of the curve and implement best practices in web accessibility.

    How to Protect Your Online Business

    Navigating the complexities of ADA compliance can seem daunting, especially for those with limited knowledge of web accessibility standards. However, there are practical steps you can take to mitigate the risk of lawsuits and foster a more inclusive digital environment:

    1. Conduct an Accessibility Audit

    Start by conducting a comprehensive accessibility audit of your website. This involves assessing your site’s adherence to WCAG standards and identifying areas that may pose accessibility barriers. Consider engaging accessibility experts or using automated tools to assist in this process.

    2. Implement Accessibility Improvements

    Based on the findings of your audit, prioritize and implement necessary accessibility improvements. This may include optimizing navigation for keyboard users, providing alternative text for images, ensuring color contrast ratios comply with standards, and making multimedia content accessible.

    3. Train Your Team

    Educate your web development team, content creators, and digital marketers about web accessibility best practices. Training sessions can help increase awareness of accessibility guidelines and empower your team to proactively address accessibility issues in their respective roles.

    4. Monitor and Maintain Accessibility

    Accessibility is an ongoing commitment. Regularly monitor your website for accessibility compliance and address any new issues that arise. Incorporate accessibility checks into your regular maintenance routines to ensure ongoing compliance.

    5. Seek Legal Guidance if Needed

    If you receive a demand letter or face a lawsuit related to ADA non-compliance, seek legal guidance promptly. ADA litigation can be complex, and legal professionals specializing in accessibility law can provide valuable counsel and representation.

    Conclusion

    As we move forward in 2024, the landscape of web accessibility and ADA compliance continues to evolve. By prioritizing accessibility in your digital strategy and staying informed about legal requirements, you not only mitigate legal risks but also enhance the overall user experience for all visitors to your website. Remember, accessibility is not just a legal obligation but also a moral imperative to ensure inclusivity and equal access to information in the digital age.

    For more information on ADA compliance and web accessibility best practices, schedule a complimentary ADA strategy briefing with 216digital. Together, we can create a more inclusive online environment that benefits businesses and individuals alike.

    Greg McNeil

    August 19, 2024
    Legal Compliance
    ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • Why Are Federal Web Accessibility Lawsuits Dipping in 2024?

    Why Are Federal Web Accessibility Lawsuits Dipping in 2024?

    If you’re a business owner with a website, you’ve probably heard about web accessibility lawsuits. These are legal cases where people or organizations sue companies for not making their websites accessible to everyone, including those with disabilities. In recent years, these lawsuits have been quite common, but there’s a noticeable trend so far in 2024: federal web accessibility lawsuits are on the decline.

    This drop is something worth paying attention to if you manage a website. So, why exactly are there fewer of these cases, and what does this mean for you? Let’s dive into the details.

    Overview of the Decrease in Federal Web Accessibility Lawsuits

    Between 2023 and 2024, federal web accessibility lawsuits have significantly decreased, according to Useablenet’s 2024 Midyear Report. In fact, we anticipate a 600-case drop from last year. This change is noteworthy for anyone keeping an eye on digital accessibility and legal trends. Understanding why this decrease is happening can help you better manage your website and avoid potential legal trouble.

    Increased Judicial Scrutiny Influences the Shift

    One major reason for the drop in federal web accessibility lawsuits is increased scrutiny from the courts. Federal judges are now demanding more detailed and specific claims from plaintiffs. This means that simply alleging a website isn’t accessible isn’t enough. Plaintiffs must provide concrete evidence and detailed arguments to support their claims.

    For example, if someone is suing a business because they believe the website isn’t accessible, they now need to show exactly how the website fails to meet accessibility standards and how it impacts them personally.

    This shift means that many cases that might have been filed in the past are now getting dismissed or not even making it to court.

    Judges Now Demand More Detailed Claims

    The increase in judicial scrutiny is not just about being picky. It’s about ensuring that cases have a solid foundation before they proceed. Judges are looking for detailed claims that clearly outline how a website fails to comply with accessibility guidelines. They want to see specific examples and evidence showing how the lack of accessibility affects users.

    This higher bar for evidence means that plaintiffs and their legal teams need to do more homework before taking a case to court. It’s not enough to say a website is inaccessible; they need to provide a thorough analysis and proof of their claims.

    Recent Defense Victories Prompt Shifts to State Courts

    Another factor contributing to the decrease in federal web accessibility lawsuits is recent victories by defense teams in federal ADA claims. Businesses that have successfully defended themselves against these lawsuits have shown that it’s possible to win these cases if you have a solid defense strategy.

    As a result, some plaintiffs’ firms are shifting their focus from federal to state courts. State courts can have different rules and may offer a more favorable environment for plaintiffs, depending on the jurisdiction. This shift impacts the volume of federal filings, as more cases are being heard at the state level instead.

    The Impact on Filing Volumes

    With more cases moving to state courts and the increased difficulty of winning in federal court, the overall number of federal web accessibility lawsuits has decreased. Businesses that have been targeted in the past might find themselves facing fewer federal lawsuits, but this doesn’t mean they should let their guard down.

    It’s important to note that while federal cases might be dropping, the need for web accessibility remains just as crucial. Whether the lawsuits are happening in federal or state courts, ensuring your website is accessible is key to avoiding legal issues and serving all potential customers.

    Practical Steps to Improve Web Accessibility

    If you’re concerned about web accessibility, here are some practical steps you can take:

    1. Audit Your Website: Conduct an accessibility audit to identify any issues. You can use tools like WAVE or Lighthouse to help with this.
    2. Follow Accessibility Best Practices: Familiarize yourself with the Web Content Accessibility Guidelines (WCAG) and make it a goal to achieve these standards.
    3. Update Regularly: Web accessibility isn’t a one-time fix. Regularly update your website to address any new issues that arise.
    4. Consult Professionals: If you’re unsure where to start, consider consulting with web accessibility experts like 216digital, who can provide guidance and support.
    5. Educate Your Team: Ensure that your team understands the importance of web accessibility and is trained to implement best practices.

    Stay Compliant with 216digital

    As the landscape of federal web accessibility lawsuits evolves, it’s clear that staying ahead of the curve is crucial. While the decrease in lawsuits in 2024 signals a shift, web accessibility remains a vital concern for all businesses. By staying informed and proactively enhancing your website, you not only protect your business but also ensure that your site is accessible to everyone.

    At 216digital, we’re here to guide you every step of the way. No matter where you are on your accessibility journey, our ADA experts can help you develop a strategy to seamlessly integrate WCAG 2.1 compliance into your development roadmap. Ready to take the next step? Schedule a complimentary ADA strategy briefing with us today to discover how we can support you in achieving ongoing, real-world accessibility tailored to your needs.

    Greg McNeil

    August 13, 2024
    Legal Compliance
    ADA Lawsuits, ADA non-compliance, digital accessibility, Web Accessibility, web accessibility lawsuits, Website Accessibility
  • What CFOs Need to Know to Mitigate the Risk of Digital ADA Lawsuits

    What CFOs Need to Know to Mitigate the Risk of Digital ADA Lawsuits

    As the digital landscape becomes more integral to business operations, the responsibilities of a Chief Financial Officer (CFO) have expanded beyond traditional financial oversight. One area that garnered significant attention is mitigating risks associated with digital Americans with Disabilities Act (ADA) lawsuits. These lawsuits are on the rise and pose a legal threat as well as a financial and reputational one. For CFOs in Corporate America, understanding how to navigate these risks is crucial.

    The Rise of Digital ADA Lawsuits

    The ADA was enacted in 1990 to ensure equal access to public spaces for individuals with disabilities. While initially focused on physical locations, the ADA has evolved to include the digital realm. As more businesses operate online, websites and mobile applications are increasingly considered “public spaces” under the ADA. Companies must ensure that their digital platforms are accessible to people with disabilities.

    Failure to comply with these requirements can result in costly lawsuits. In recent years, there has been a significant increase in digital ADA lawsuits, with thousands of cases filed annually. These lawsuits often target companies with websites or apps that are not accessible to individuals with disabilities, such as those with visual, auditory, or cognitive impairments.

    Why CFOs Should Be Concerned About ADA Lawsuits

    CFOs are responsible for managing their organization’s financial health, which includes mitigating risks that could lead to financial loss. Digital ADA lawsuits represent a significant risk for several reasons:

    1. Financial Penalties: Non-compliance with ADA requirements can result in substantial fines and legal fees. These costs can quickly escalate, mainly if a company is involved in multiple lawsuits. For example, businesses that violate Title III of the ADA may face a maximum civil penalty of $75,000 for a first violation. Subsequent violations have been seen with up to a $150,000 fine.
    2. Reputational Damage: In today’s socially conscious environment, failing to provide accessible digital experiences can harm a company’s reputation. Negative publicity from an ADA lawsuit can lead to losing customer trust and loyalty, ultimately affecting the bottom line.
    3. Operational Disruption: ADA lawsuits can be time-consuming and disruptive to business operations. Companies may need to divert resources to address the legal proceedings and change their digital platforms.
    4. Market Competitiveness: Companies prioritizing digital accessibility are better positioned to reach a broader audience, including the estimated 26% of the U.S. population living with a disability. This can provide a competitive advantage in the marketplace.

    Critical Steps to Mitigating Digital ADA Lawsuit Risks

    CFOs are critical in mitigating the risks associated with digital ADA lawsuits. They can help protect their organization from legal action by taking proactive steps and ensuring compliance with ADA requirements. Here are the key steps CFOs should consider:

    Conduct a Comprehensive Accessibility Audit

    The first step in mitigating ADA risks is to understand the current state of your organization’s digital accessibility. This involves conducting a comprehensive accessibility audit of your website, mobile apps, and other digital platforms. An audit will identify areas where your digital assets fall short of ADA compliance and provide a roadmap for remediation.

    There are different types of accessibility audits, ranging from automated scans to manual testing by accessibility experts. While automated tools can quickly identify some issues, manual testing is essential for detecting more nuanced problems that automated tools might miss. A combination of both methods is often the most effective approach.

    Implement a Remediation Plan

    Once the audit is complete, the next step is implementing a remediation plan to address the identified issues. This plan should prioritize the most critical accessibility barriers and outline a timeline for making the necessary changes. It’s essential to involve key stakeholders, including web developers, content creators, and legal teams, in the remediation process to ensure that all aspects of digital accessibility are covered.

    Establish Ongoing Monitoring and Maintenance

    Digital accessibility is not a one-time project; it requires ongoing monitoring and maintenance. As your organization updates its digital platforms, new accessibility issues may arise—regular accessibility audits and monitoring tools, such as 216digital‘s a11y. Radar can help ensure that your digital assets remain compliant over time.

    Ongoing monitoring is also essential for preventing frivolous ADA lawsuits. By maintaining a high level of digital accessibility, your organization can demonstrate its commitment to compliance, making it less likely to be targeted by opportunistic lawsuits.

    Integrate Accessibility into Your Business Strategy

    CFOs should advocate for integrating digital accessibility into the broader business strategy. This includes incorporating accessibility considerations into the design and development processes of new digital products and services. By making accessibility a core component of your organization’s digital strategy, you can reduce non-compliance risk and create a more inclusive user experience.

    Stay Informed About Legal Developments

    The legal landscape surrounding digital ADA compliance is continually evolving. CFOs must stay informed about changes in regulations, court rulings, and best practices for digital accessibility. This knowledge will enable you to anticipate potential risks and proactively mitigate them.

    Partnering with legal experts who specialize in ADA compliance can also be beneficial. These professionals can guide the latest developments and help ensure your organization’s digital assets align with current legal requirements.

    Build a Culture of Accessibility

    Finally, fostering a culture of accessibility within your organization is critical to long-term compliance. This means educating employees about the importance of digital accessibility and providing them with the tools and training they need to create accessible content and experiences.

    CFOs can lead by example by championing accessibility initiatives and allocating the necessary resources to support them. By embedding accessibility into your organization’s culture, you can create a sustainable approach to compliance that extends beyond the minimum legal requirements.

    Wrapping  Up

    As CFOs in Corporate America, mitigating the risk of digital ADA lawsuits is a critical responsibility. By conducting thorough accessibility audits, implementing effective remediation plans, establishing ongoing monitoring, and integrating accessibility into the business strategy, CFOs can protect their organizations from legal, financial, and reputational harm. Moreover, by building a culture of accessibility, they can position their companies as leaders in inclusivity, ultimately driving long-term success.

    Digital accessibility is not just a legal obligation; it’s a business imperative to enhance your company’s reputation, expand its customer base, and ensure compliance in an increasingly complex regulatory environment. Taking proactive steps today can save your organization from costly lawsuits and contribute to a more inclusive digital world for everyone.

    Ready to take the next step? Schedule a complimentary ADA Strategy Briefing with 216digital today and start building a more accessible future for your company.

    Greg McNeil

    August 9, 2024
    Legal Compliance
    ADA, ADA Compliance, ADA Lawsuit, ADA Lawsuits, digital accessibility, Web Accessibility, web accessibility lawsuits, Website Accessibility
  • How CTOs Can Mitigate the Risk of ADA Lawsuits

    How CTOs Can Mitigate the Risk of ADA Lawsuits

    As the Chief Technology Officer (CTO) in a corporate environment, you bear a significant responsibility: overseeing the technological backbone of your organization. This Role has evolved beyond managing IT infrastructure and software development in today’s digital landscape. One critical aspect that demands your attention is digital accessibility—a legal and ethical obligation that, if neglected, can expose your organization to the growing threat of digital ADA (Americans with Disabilities Act) lawsuits.

    Understanding the Digital ADA Landscape

    The ADA, enacted in 1990, was initially intended to ensure that people with disabilities have equal access to public spaces. With the digital revolution, this principle has extended to the online world, mandating that websites, mobile apps, and other digital assets be accessible to all users, including those with disabilities. In recent years, lawsuits have been filed targeting companies whose digital properties are not compliant with the ADA. These lawsuits allege that inaccessible websites and apps discriminate against users with disabilities, violating the ADA’s principles.

    The Rising Tide of Digital ADA Lawsuits

    The number of digital ADA lawsuits has skyrocketed over the past few years. In 2023 alone, plaintiffs filed 4,605 federal and state-filed ADA-related digital lawsuits across the United States. This trend shows no sign of slowing down, with organizations of all sizes—small businesses to Fortune 500 companies—finding themselves in litigation.

    What’s driving this surge? Several factors contribute:

    1. Increased Awareness and Advocacy: Disability advocacy groups are more vocal than ever, raising awareness about digital accessibility issues and encouraging individuals to take legal action.
    2. Legal Precedents: Courts have increasingly ruled that websites and other digital platforms are extensions of physical spaces and must be accessible under the ADA.
    3. Regulatory Scrutiny: The Department of Justice (DOJ) has clarified that digital accessibility is a priority, further emboldening plaintiffs to file lawsuits, stating:
    4. “…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.”– US Department of Justice | Guidance on Web Accessibility and the ADA (2022)
    5. Automation of Legal Processes: Some law firms leverage automation to identify non-compliant websites and initiate lawsuits at scale, making pursuing such cases more accessible and lucrative. In fact, the top 10 plaintiff law firms in 2023 account for more than 80% of all federally filed cases.

    The Financial and Reputational Risks

    For CTOs, the implications of a digital ADA lawsuit are significant. The financial costs can be staggering, including legal fees, settlement amounts, and the expenses associated with remediating your digital properties to meet compliance standards. Additionally, there is the risk of punitive damages, mainly if your organization is found to have willfully ignored accessibility requirements.

    Beyond the financial impact, there is also the potential damage to your organization’s reputation. A lawsuit can tarnish your brand image, leading to negative press coverage and losing trust among consumers, partners, and investors. In a world where corporate responsibility and inclusivity are increasingly valued, failing to prioritize digital accessibility can undermine your organization’s standing in the marketplace.

    Key Areas of Vulnerability for a ADA Lawsuits

    As CTO, you must recognize the key areas where your organization may be vulnerable to digital ADA lawsuits:

    1. Website Accessibility: Your organization’s website is often the primary target of ADA lawsuits. Key issues include missing alt text for images, poor keyboard navigation, and a need for compatibility with screen readers. Even minor oversights can lead to significant legal trouble.
    2. Mobile Applications: With the rise of mobile-first strategies, ensuring your apps are accessible is crucial. This includes providing text alternatives for non-text content and ensuring that all interactive elements are readily usable by individuals with disabilities.
    3. Digital Documents: PDFs, Word documents, and other downloadable files on your website must be accessible. This means using proper tagging, ensuring screen readers can interpret content accurately, and providing alternative formats when necessary.
    4. E-commerce Platforms: If your organization operates an online store, the checkout process must be fully accessible. Issues such as inaccessible forms, missing labels, and problematic error messages can expose your organization to legal action.
    5. Third-Party Integrations: Any third-party tools or plugins used on your website or app must also be accessible. Relying on non-compliant third-party solutions does not absolve your organization of liability.

    Proactive Measures to Mitigate Risk

    Mitigating the risk of digital ADA lawsuits requires a proactive approach. As CTO, you are pivotal in implementing strategies that ensure your digital properties are compliant and accessible. Here’s how to get started:

    1. Conduct a Comprehensive Accessibility Audit: Conduct a thorough audit of your digital properties. This should include both automated and manual testing to identify accessibility issues. Automated tools can quickly highlight apparent problems, while manual testing ensures that the most nuanced matters are caught. Partnering with a firm like 216digital can give you the expertise needed to conduct a robust audit.
    2. Implement Accessibility Remediation: Once the audit is complete, prioritize the remediation of identified issues. This may involve updating your website’s code, redesigning certain elements, or working with third-party vendors to ensure their tools are accessible. Remember, accessibility is an ongoing process, not a one-time fix.
    3. Adopt an Accessibility-First Mindset: Integrate accessibility into your development lifecycle. This means ensuring that all new digital products and updates are designed with accessibility. Educate your development team on accessibility best practices and incorporate accessibility checks into your quality assurance processes.
    4. Stay Informed on Legal and Regulatory Developments: The legal landscape surrounding digital accessibility is constantly evolving. Stay informed about the latest court rulings, DOJ guidance, and state-specific regulations that may impact your organization. This knowledge will help you anticipate potential risks and adapt your strategy accordingly.
    5. Engage in Ongoing Monitoring and Maintenance: Accessibility is not a set-it-and-forget-it task. Regularly monitor your digital properties to ensure ongoing compliance. Tools like 216digital’s a11y.Radar service offers continuous monitoring, helping you stay ahead of potential issues and avoid costly lawsuits.
    6. Develop an Accessibility Statement: An accessibility statement on your website demonstrates your commitment to inclusivity and transparency. It should outline your organization’s steps to ensure accessibility, provide contact information for users to report issues, and offer alternative ways to access content.

    The Role of 216digital in Mitigating ADA Lawsuits

    At 216digital, we understand the complexities and challenges of achieving and maintaining digital accessibility. Our comprehensive services are designed to support CTOs like you in mitigating the risk of ADA lawsuits while ensuring that your digital properties are inclusive for all users, from conducting thorough accessibility audits to providing ongoing monitoring with our a11y. Radar service offers the expertise and tools needed to safeguard your organization.

    Conclusion

    As a CTO in Corporate America, understanding and mitigating the risk of digital ADA lawsuits is crucial to your Role. By prioritizing accessibility, you protect your organization from legal and financial repercussions and contribute to a more inclusive digital landscape. With the right strategies and partners, you can confidently navigate this complex issue, ensuring that your digital properties are compliant, accessible, and free from the threat of costly litigation.Ready to take the next step? Schedule a complimentary ADA Strategy Briefing with 216digital today and start building a more accessible future for your organization.

    Greg McNeil

    August 9, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA Lawsuits, ADA Website Compliance, CTOs, web accessibility lawsuits, Website Accessibility
  • Navigating International Accessibility Laws

    Navigating International Accessibility Laws

    In today’s digital age, having an online presence is crucial for businesses of all sizes. But with the global reach of the internet comes a maze of regulations and standards, especially when it comes to web accessibility. If you’re a website owner or content creator in the United States, you might wonder how international accessibility laws affect your business. This article will walk you through the basics of these laws, help you understand which ones apply to your online business, and explain why staying compliant is not just about following the rules but also about expanding your audience and boosting your brand’s reputation.

    What Are the Different International Accessibility Laws?

    When it comes to accessibility laws, different countries have their own rules and guidelines to ensure that websites are accessible to everyone, including people with disabilities. Let’s take a look at some of the key international laws and what they cover:

    The European Accessibility Act (EAA)

    The EAA is a significant law in the European Union that came into effect in 2019. It aims to make products and services more accessible to people with disabilities. For online businesses, this means ensuring that websites, apps, and e-commerce platforms are usable by everyone. The EAA covers a broad range of industries, from banking services to e-books and online shopping. If your business operates or sells products in the EU, compliance with the EAA is a must.

    The Accessibility for Ontarians with Disabilities Act (AODA)  

    In Canada, the AODA sets out guidelines to make Ontario more accessible by 2025. It applies to both public and private sectors, requiring businesses to ensure their websites are accessible to people with disabilities. This includes providing text alternatives for images, ensuring that website navigation is straightforward, and making online forms accessible. If your online business targets customers in Ontario, following AODA guidelines is essential.

    The UK Equality Act 2010  

    The UK Equality Act is a comprehensive piece of legislation that protects people from discrimination in the workplace and wider society. For online businesses, this means ensuring that websites are accessible to everyone, regardless of their abilities. The law covers all aspects of web accessibility, including content readability, keyboard navigation, and screen reader compatibility. If your business has customers in the UK, the Equality Act’s requirements apply to you.

    The Web Content Accessibility Guidelines (WCAG)  

    While not a law, WCAG is a set of guidelines developed by the World Wide Web Consortium (W3C) that is widely used as the global standard for web accessibility. Many international laws, including those mentioned above, reference WCAG as the benchmark for accessibility. WCAG provides a clear roadmap for making web content more accessible, covering everything from text alternatives to visual content, to ensuring that your website works well with assistive technologies.

    What International Laws Apply to Your Online Business?

    Understanding which international accessibility laws apply to your online business can feel overwhelming, especially if you’re targeting customers from different parts of the world. Here’s a simple way to figure it out:

    • Identify Your Audience: Start by identifying where your customers are located. If you have a global audience, it’s important to consider the accessibility laws in each region. For example, if you sell products in the EU, the EAA will apply to your business.
    • Assess Your Operations: If your business operates in multiple countries, you’ll need to comply with the accessibility laws in each of those regions. This might include following the EAA for the EU, AODA for Ontario, and the UK Equality Act for the UK. If your business is based solely in the United States but reaches customers globally, you should still be mindful of these laws to avoid potential legal issues.
    • Check the Legal Requirements: Different countries have different thresholds for when their laws apply to foreign businesses. For instance, if your business has a significant presence in the EU, you are required to comply with the EAA. Similarly, if you provide goods or services in Ontario, Canada, the AODA will apply.

    Do These Laws Apply to Your Online Business?

    The big question for many website owners and content creators is whether these international laws actually apply to their online business. The answer depends on a few factors:

    • Business Location: If your business is based in a country with specific accessibility laws (like the EU or Canada), you’re automatically required to comply with those laws.
    • Global Reach: Even if your business is based in the United States, you might still be subject to international accessibility laws if you sell products or services to customers in other countries. For example, if you ship products to the UK or have a website that targets European customers, you need to comply with the relevant accessibility laws.
    • Legal Consequences: Non-compliance with international accessibility laws can lead to fines, legal action, and damage to your brand’s reputation. Even if you’re not legally required to follow these laws, doing so voluntarily can help you avoid these risks and demonstrate that you value inclusivity.

    The Importance of Web Compliance and Accessibility

    Web compliance and web accessibility aren’t just about avoiding legal trouble—they’re also about doing the right thing and expanding your reach. By making your website accessible, you’re ensuring that everyone, including people with disabilities, can access your content and services. This can lead to increased customer satisfaction, a larger audience, and a stronger brand reputation.

    At 216digital, we understand the complexities of navigating international accessibility laws. Our web remediation services are designed to help your business stay compliant and accessible, no matter where your customers are located. From initial audits to ongoing support, we offer a comprehensive approach to web compliance that ensures your website meets the latest standards and guidelines.

    Whether you’re just starting to explore international accessibility laws or need help bringing your website up to code, 216digital is here to guide you through the process. Our team of experts stays up-to-date with the latest regulations and guidelines, ensuring that your website is not only compliant but also user-friendly for everyone.

    Conclusion

    Navigating international accessibility laws might seem daunting, but with the right approach, it can be manageable and even beneficial for your business. By understanding the different laws, knowing which ones apply to your online business, and taking steps to ensure compliance, you can avoid legal pitfalls, expand your audience, and enhance your brand’s reputation.

    If you’re ready to take the next step in making your website accessible and compliant with international laws, 216digital is here to help. Our web remediation services are tailored to your business needs, ensuring that you meet the necessary standards while creating an inclusive online experience for all users. Don’t wait—let’s work together to make your website accessible to everyone, everywhere.
    Contact us today to schedule a complementary ADA Strategy Briefing so that you can confidently take this next step into digital accessibility.

    Greg McNeil

    August 7, 2024
    Legal Compliance
    accessibility laws, ADA Compliance, digital accessibility, International Accessibility Laws, Web Accessibility, Website Accessibility
  • Why Screen Overlays Can Harm Your Website and Business

    Why Screen Overlays Can Harm Your Website and Business

    In today’s digital world, having a website that’s accessible to everyone is not just a nice-to-have; it’s essential. As a business owner, you want to ensure your website is user-friendly for all potential customers. However, when it comes to web accessibility, there’s a common misconception that screen overlays are a quick fix. Unfortunately, these overlays can create more problems than they solve. In this article, we’ll explore why screen overlays can actually hinder users with visual impairments and how they can put your business at risk for an ADA lawsuit.

    What Are Screen Overlays?

    Screen overlays are tools that can be added to a website to provide accessibility features. These overlays are designed to make a website more usable for people with disabilities by adding features like text-to-speech, color contrast adjustments, and font size changes. While the intention behind these tools is good, their effectiveness and actual impact are often questionable.

    Why Screen Overlays Can Be Problematic

    1. They Can Create More Barriers

    Screen overlays might seem like a helpful solution, but they often end up complicating things. For individuals who rely on assistive technologies such as screen readers, overlays can interfere with how these tools work. Screen readers, for instance, may not interact well with overlays, making it harder for users to navigate the site. Instead of enhancing accessibility, overlays might add another layer of complexity that can make it more difficult for disabled users to access the information they need.

    2. They Can Conflict with Existing Accessibility Features

    Many websites already incorporate accessibility features that follow the Web Content Accessibility Guidelines (WCAG). These features are carefully designed to work together to provide a seamless experience for all users. When you add a screen overlay, it can conflict with these existing features, creating inconsistencies that can confuse users. This is especially problematic for people who rely on keyboard navigation or voice commands.

    3. They May Not Address the Root Issues

    Screen overlays often tackle symptoms rather than the root causes of accessibility issues. For example, if your website has poor color contrast or inaccessible navigation, an overlay might offer temporary solutions like color adjustments. However, these adjustments might not fully resolve the underlying problems, leaving users with disabilities facing ongoing challenges. The real solution lies in making the website itself more accessible through proper design and development practices.

    Impact on Your Business: ADA Lawsuits and Legal Risks

    Increased Risk of ADA Lawsuits

    The Americans with Disabilities Act (ADA) requires businesses to make their websites accessible to people with disabilities. If a website is not accessible, it can be subject to legal action. There has been a significant increase in ADA lawsuits targeting websites. Many of these lawsuits are filed because businesses use screen overlays that fail to genuinely improve accessibility.

    Websites relying on screen overlays are often scrutinized in legal cases. Courts and advocacy groups are increasingly aware that these overlays do not always meet ADA requirements. As a result, businesses using screen overlays could find themselves in legal trouble, facing expensive lawsuits and the potential need for significant site redesigns.

    Reputational Damage

    Beyond legal risks, using screen overlays can damage your brand’s reputation. Customers who encounter accessibility issues on your website may feel excluded or undervalued, which can hurt your business’s image. In the digital age, word spreads quickly, and negative experiences can lead to unfavorable reviews and a tarnished reputation. Investing in true accessibility improvements not only helps you avoid legal trouble but also shows that you care about all of your customers.

    Lessons from Recent News

    A recent New York Times article, For Blind Internet Users, the Fix Can Be Worse Than the Flaws, highlights the growing concern around the effectiveness of AI-based accessibility tools, including screen overlays. The article reveals that while these tools are marketed as solutions, they often fall short of providing real accessibility improvements. The focus has shifted towards creating genuinely accessible websites from the ground up rather than relying on add-ons that may not address the fundamental issues.

    The article underscores a key point: businesses should focus on building websites that are inherently accessible, rather than relying on tools that might offer only partial solutions. This approach aligns better with ADA compliance and ensures that your website meets the needs of all users.

    Best Practices for True Web Accessibility

    1. Follow Web Content Accessibility Guidelines (WCAG)

    The best way to ensure your website is accessible is to follow WCAG. These guidelines provide a comprehensive framework for making web content accessible to people with disabilities. They cover areas such as text alternatives for images, keyboard accessibility, and clear navigation. By adhering to these guidelines, you create a website that is genuinely accessible to all users.

    2. Conduct Regular Accessibility Audits

    Regular accessibility audits can help identify and address potential issues before they become major problems. These audits involve evaluating your website’s design and functionality to ensure it meets accessibility standards. Professional audits can provide valuable insights and recommendations for improvements, and working with accessibility specialists like 216digital can give insight on the ADA requirements to avoid potential legal issues.

    3. Invest in Inclusive Design from the Start

    Incorporating accessibility into your website’s design from the beginning is the most effective approach. This involves considering the needs of users with disabilities during the design and development phases. By prioritizing accessibility from the start, you create a more inclusive experience for all users and reduce the risk of legal challenges.

    Stay Web Accessible with 216digital

    Screen overlays might seem like a convenient solution for improving web accessibility, but they often fall short of providing meaningful benefits. Instead, they can create additional barriers for users with disabilities and increase your risk of facing an ADA lawsuit. To ensure your website is genuinely accessible, focus on following established guidelines, conducting regular audits, and investing in inclusive design from the start.

    By taking these steps, you will demonstrate your commitment to providing an inclusive and user-friendly experience for all visitors. In the long run, this approach will help you avoid legal troubles, protect your reputation, and create a better online environment for everyone.

    Ready to get started? At 216digital, our expert team can assist you in developing a strategy to make this journey of WCAG 2.1 compliance as smooth as possible. Contact us today to schedule a complementary ADA Strategy Briefing so that you can confidently take this next step into digital accessibility.

    Greg McNeil

    August 5, 2024
    Legal Compliance
    ADA non-compliance, Overlay, Overlay widgets, screen overlays, Web Accessibility, Website Accessibility
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