Web Accessibility Remediation Archives- Page 26 of 26/Category

Why Your Business Needs an ADA Website Accessibility Strategy Now

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

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

What is Web Accessibility?

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

Why is ADA website accessibility important?

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

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

Why Should Businesses Develop a Strategy for ADA Website Accessibility?

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

Legal Compliance

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

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

User Experience

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

Brand Reputation

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

Improved Search Engine Optimization (SEO)

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

Increased Reach and Potential Customers

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

How Can Businesses Develop a Strategy for ADA Website Accessibility?

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

Conduct a Website Audit

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

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

Implement Necessary ADA Web Accessibility Updates

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

Train your Employees

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

Regularly Monitor and Update

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

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

In Conclusion

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

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

Kayla Laganiere

February 13, 2023

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

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
What Are the Levels of WCAG Compliance?
When it comes to accessibility compliance, the Web Content Accessibility Guidelines (WCAG) version 2.0 is the most widely used standard worldwide. WCAG has set internationally shared standards for web content accessibility to meet the needs of individuals, organizations, and governments. Web Content applies to all content on a web page or application, including text, images, sounds, code, or markup that define a website’s structure or presentation.

There are three levels of WCAG compliance: A, AA, and AAA. Although this distinction is essential, it can be baffling. Therefore, we will discuss what WCAG A, AA, and AAA are, what they mean for your site, and which compliance level to aim for when becoming accessible.

Learn more about WCAG and ADA Web Accessibility Standards

What are the WCAG Levels?

There are three compliance levels within WCAG 2.0: A, AA, and AAA. For a website to be accessible for all users, each level’s requirments must be met. The distinction between conformance levels gives an organized structure requiring an increasingly higher standard of accessibility. The three levels provide flexibility upon different situations. For example, in complex websites or advancing technologies, to maintain a minimum level of compliance.

WCAG Foundation Principles

Each level of compliance is based on the same four principles of web accessibility. These principles are the foundations for content on the web and anyone wanting to use it. WCAG 2.0 guidelines follow these four principles: perceivable, operable, understandable, and robust, referred to as POUR. Therefore, to understand each WCAG level, it is essential to start with their foundation.

Perceivable

A website’s information and elements must be apparent to the user, leaving nothing undetectable or invisible. Most users perceive content and elements on a website through visuals. However, sound or touch are used alternatively for those unable to.

Operable

A website’s interactive elements such as controls, buttons, and navigations should be operable by all users. Users must operate the interface elements by first identifying those elements and selecting those options. Most users can interact by clicking, tapping, swiping, or rolling. However, users who cannot physically click require voice commands or other assistive devices to engage with interactive elements.

Understandable

Websites must be clear and concise in presenting predictable patterns for interaction and design. Users should have no issue comprehending the meaning or purpose of the presented information, including the function of buttons or other elements on a website. Everything should have a purpose and should be recognizable to all users.

Robust

Content must be robust enough for users to understand the function and reliably use various assisting technologies.

What Do the Different WCAG Conformance Levels Mean?

As previously mentioned, WCAG 2.0 A, AA, and AAA all have specific criteria to be met. The requirements for a website include all interactive elements, content, and presentation following four principles of POUR. WCAG does provide guidelines for each level for what an accessible website should do, each level building upon the next. However, the specific actions each website must take to be considered accessible or reach a certain level of compliance are not outlined. The most significant difference between conformance levels A, AA, and AAA is what they mean for the users of each website.

WCAG 2.0 Level A: Minimal Compliance

Level A covers the basic requirements and is the minimum degree of accessibility for a website to be accessible. Basic requirements to meet Level A do not impact the design or structure of the website. Failure to fulfill will result in an inaccessible website and will be impossible or exceedingly difficult for users with disabilities to use.

Notable WCAG 2.0 Level A success criteria include:
- All non-text content such as audio, video, or images must have a text alternative such as an alt text within the website’s code or captions to serve as an equivalent source for information and context.
- Users can effectively navigate the website using only keyboard inputs.
- Time-based media or video content must have a media alternative for text.
- Content and interface elements conveyed through presentation can be extracted and presented to the user in different modalities through assistive technologies or user agents.
- Color is not used as the only visual means of conveying information, prompting a response, distinguishing an element, or indicating an action by the user.
WCAG 2.0 Level AA: Acceptable Compliance

Level A conformance is an excellent starting point. However, Level AA goes further by ensuring a website must be deemed usable and understandable for most people, regardless of ability. For this reason, level AA compliance has been the standard for accessibility and web accessibility laws globally, including the ADA and Section 508 in the United States.

Notable WCAG 2.0 Level AA success criteria include:
- Text for content, captions, and text images can be resized without assistive technology up to 200% without loss of range of function.
- Text or alt text is used to convey information or content rather than images with text.
- More than one way to locate a web page within a website except when the web page is the result of a process or steps
- Navigation elements are consistent throughout the site
- Form fields have accurate labels
WCAG 2.0 Level AAA: Completely Compliant

Compliance at WCAG 2.0 is the highest level of accessibility and accommodates the maximum number of users. Unfortunately, it is also the most challenging level to achieve. While this level of compliance would be ideal, it is not necessary., W3 states they do not recommend or require Level AAA compliance for an entire website since it is impossible to achieve Level AAA from some content.

Notable WCAG 2.0 Level AAA success criteria include:
- Sign language interpretation for audio or video content
- Visual presentation of text and images has a contrast ratio of at least 7:1 except for large text, logo, or visual decorative components with no significance to the content.
- Timing is not an essential part of any activity on the website.
- The website does not contain anything that flashes more than three times in any one second.
- Context-sensitive help is available.
Can You Partially Meet a WCAG Level?

A website must meet all of the accessibility compliance level’s guidelines. To state that a website is Level AA compliant, it must meet every requirement for both Level A and the Level AA guidelines. Therefore, if you meet the24 out of 25 requirements for Level AA, your site will still be deemed only a Level A. However, please do not use this not to try to aim for higher levels of compliance. The more accessible your site is, the better the user experience is for your users regardless of their abilities.

What WCAG Level to Aim For

Most websites and development teams aim to meet Level AA. The legally required level for legislation for specific sites is Level AA, including the ADA and Section 508. Suppose you want to strengthen your existing website by making it ADA compliant. In that case, it is best to accomplish the Level A criteria first before progressing to Level AA. A Level A compliance level is still more accessible than an inaccessible website.

Closing

Understanding the different levels of WCAG 2.0 and their requirements can serve as a guide when implementing accessibility into your website. Take the first steps towards becoming accessible. Testing and correcting accessibility issues will help better your business and mitigate expensive ADA lawsuits.

Integrating accessibility can seem intimidating at first, but 216digital is here to help. If you would like more information on web accessibility or how to make your website accessible today, schedule a 15-minute complimentary consultation with our experts.
Greg McNeil

January 27, 2022

WCAG Compliance

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

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

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

Learn more about what is web accessibility and its importance.

What are the Requirements for Web Compliance?

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

Web Accessibility Standards

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

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

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

Level A

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

Level AA

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

Level AAA

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

The Four Principles of Web Accessibility

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

Perceivable

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

Operable

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

Understandable

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

Robust

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

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

The Components of Web Accessibility

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

Content

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

User-Agents

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

Authoring Tools

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

Evaluation Tools

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

Compliance and Legislation

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

ADA

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

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

WCAG

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

Section 508

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

How Can 216digital Help Your Website ADA Compliant?

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

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

January 27, 2022

Legal Compliance

Accessibility, ADA Website Compliance, Website Accessibility, Website Accessibility Tools
What is Web Accessibility & Why is it Important?

Most of us can hardly conceive what life would be like without the internet. The ability to have the world at your fingertips or the click of a mouse. But what if you can’t use a mouse? What if you can’t see the screen of your computer or hear a video playing?

As soon as we ask these types of questions, we can begin to see how the internet can create barriers, leaving some users frustrated and reliant on others. However, once we can recognize these barriers, we can begin to remove them, creating web content, design, and tools that everyone can use regardless of their ability. Here is an introduction to the basics of web accessibility.

What is Web Accessibility?

We have all experienced the annoyance of squinting at a poorly selected font, blurry images, or trying to navigate a page that is not compatible with mobile devices. While these issues are a slight inconvenience, they can restrict or eliminate their internet usage to some.

Web accessibility provides everyone with the same access to digital information without any hindrance, regardless of impairments or disabilities. Users should be equipped with the tools and capabilities to aid in the website’s perception, understanding, contribution, navigation, and interaction.

Why is Web Accessibility Important?

The internet is an essential resource in almost every aspect of life. During the 2020 COVID pandemic, the internet became a lifeline to many, keeping the world connected. The high rate of digital adoption within the past two years has revolutionized our lives and society. Still, a significant percentage of the world’s population is limited or cannot use the internet due to accessibility barriers.

Web Accessibility for Users

Accessibility barriers hinder users with disabilities from interacting and experiencing the internet. According to the World Health Organization (WHO), over 1 billion people have some disability, with the rates continuing to rise from chronic health conditions and population aging.

There are three disabilities or impairments: conditional or situational, temporary, and permanent. Conditional or situational impairment is the difficulty accessing digital information due to the situation. An example of situational impairment would include noise, poor lighting, distractions, or slow internet speed. Permanent and temporary disabilities are more commonly associated with disability, including visual, hearing, neurological, cognitive, and motor issues.

Web Accessibility Benefits for Your Business

Web accessibility often is thought only to remove barriers for users facing disabilities. However, accessibility can be just as beneficial for your online business as it can its users.

Brand Reputation

Having an accessible website creates an inclusive environment for your users while providing them with more meaningful interaction with your website and brand by building trust and reputation. For instance, Facebook has been praised for ensuring its site accommodates blind users.

Expanding Market

Your online business lives and breathes according to your customers. The internet is the best place to reach out to customers and expand your market. By making your website accessible, you will cater to an estimated $1.2 trillion market that the competition could be overlooking. As a result, you are increasing your customer retention and acquisition.

Legal Compliance

Additional, by ensuring your website is accessible, you could mitigate a frivolous ADA lawsuit. One lawsuit is filed every hour either in federal court or in California under the Unruh Act directly violating ADA guidelines.

Web Accessibility can be beneficial for both your customers and your business. But what are the guidelines for Web Accessibility, and how are they determined?

Website Accessibility Guidelines

Users with a disability can change how they interact with the internet using assistive software. However, how users interact is not always predictable. For instance, an individual with low vision could use a screen reader or screen magnifiers. Ideally, a website’s content should be accessible for all users, including users who require assistive software.

The Web Content Accessibility Guidelines (WCAG) are the most widely cited international standards for web accessibility. WCAG included specific checkpoints and recommendations based on a principle-based approach to ensure all users can share in the same experience.

The Four Principles of Website Accessibility

WCAG’s principle-based approach is the foundation for producing content and for anyone who wants to use the web. POUR is an acronym that describes accessibility as perceivable, operable, understandable, and robust.

Perceivable

The state or quality of information and elements on a website has to be capable of being perceived through the senses, leaving nothing left undetectable or invisible. Most users perceive information relying on visuals or sight. Visually impaired users perceive information through sound or touch. For instance, if a user cannot see an image, how can they perceive the content of the article they are reading? Images with well-written alternative text can provide context, allowing them to still perceive the content just as individuals with sight.

Operable

Users must be able to operate a website’s interactive elements. Interactive interface elements such as buttons, navigations, or controls should operate for all users. Users must operate the interface elements by first identifying them and engaging with them. For instance, have you ever tried to click a submit button on a website, and nothing happened? Your interaction with the malfunctioning button has limited your experience or has prevented you from using the website how you intended.

Users who cannot interact with elements physically by clicking, or tapping, rely on the tab key, voice commands, or other assistive devices to engage with elements. Websites should not require actions that some users cannot perform. Some users will even not use your website if they cannot function with a keyboard alone. These barriers can limit your website’s reach and create a poor users experience for all users.

Understandable

Websites should be clear and concise in presentation and format, with predictable patterns of use and design. Users should have no issue comprehending the meaning and purpose of the presented information. The “understandable” principle also applies to user interaction elements such as buttons, semantic markups within the code, and other elements to your site. Everything should have a purpose and a meaning behind your site’s content.

Robust

Robustness is the ability for content to function reliably using various technologies, including assistive devices. Websites need to provide the same information and interactivity, regardless of access through screen readers, touch screens, or web browsers.

The lack of these four principles will make your website inaccessible to your users. Therefore, the WCAG recommendations branch out into more detailed levels of accessibility based on these four leading principles. There are three compliance levels: A, AA, and AAA. Each level increases the requirements for web accessibility compliance, grading the website based on the requirements met.

Closing

The internet has become a modern necessity to everyone, offering independence and freedom unavailable through any other medium. We need to start asking how users interact with our websites and break the barriers to create a more inclusive online environment through web accessibility. Web accessibility allows everyone to access the same digital information without hindrance, regardless of impairments or disability. Providing the tools and capability to your user’s aid in your site’s perception, understanding, contribution, navigation, and interaction.

As you become aware of the importance of web accessibility and its impact on both your company and your customers, it is essential to know you are not alone. Integrating accessibility can seem intimidating at first, but 216digital is here to help. We have a passion for web accessibility and ensuring your business is thriving in a continuously growing medium. If you would like more information on web accessibility or how to make your website accessible today, schedule a 15-minute complimentary consultation with our experts or request a free ADA compliance scan today by clicking the link below.

Request A Free ADA Compliance Scan

Greg McNeil

January 13, 2022

The Benefits of Web Accessibility

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

ADA website compliance!

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

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

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

(more…)

Greg McNeil

July 23, 2020

Legal Compliance

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

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

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

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

The ADA Experts

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

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

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

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

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

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

Kim Testa|The Bureau of Internet Accessibility

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

Eli Freedman | accessiBe

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

Richard Hunt | Hunt Huey PLLC

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

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

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

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

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

Kim Testa|The Bureau of Internet Accessibility

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

Eli Freedman | accessiBe

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

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

Richard Hunt | Hunt Huey PLLC

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

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

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

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

Kim Testa| The Bureau of Internet Accessibility

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

Eli Freedman | accessiBe

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

Richard Hunt | Hunt Huey PLLC

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

Now it’s Your Turn

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

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

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

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

Request A Free ADA Compliance Scan

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

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

May 20, 2020

Legal Compliance

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

Why Your Business Needs an ADA Website Accessibility Strategy Now

What is Web Accessibility?

Why is ADA website accessibility important?

Why Should Businesses Develop a Strategy for ADA Website Accessibility?

Legal Compliance

User Experience

Brand Reputation

Improved Search Engine Optimization (SEO)

Increased Reach and Potential Customers

How Can Businesses Develop a Strategy for ADA Website Accessibility?

Conduct a Website Audit

Implement Necessary ADA Web Accessibility Updates

Train your Employees

Regularly Monitor and Update

In Conclusion

What Are the Levels of WCAG Compliance?

What are the WCAG Levels?

WCAG Foundation Principles

Perceivable

Operable

Understandable

Robust

What Do the Different WCAG Conformance Levels Mean?

WCAG 2.0 Level A: Minimal Compliance

WCAG 2.0 Level AA: Acceptable Compliance

WCAG 2.0 Level AAA: Completely Compliant

Can You Partially Meet a WCAG Level?

What WCAG Level to Aim For

Closing

2022 ADA Web Accessibility Standards and Requirements

What is Web Accessibility?

What are the Requirements for Web Compliance?

Web Accessibility Standards

Level A

Level AA

Level AAA

The Four Principles of Web Accessibility

Perceivable

Operable

Understandable

Robust

The Components of Web Accessibility

Content

User-Agents

Authoring Tools

Evaluation Tools

Compliance and Legislation

ADA

WCAG

Section 508

How Can 216digital Help Your Website ADA Compliant?

What is Web Accessibility & Why is it Important?

What is Web Accessibility?

Why is Web Accessibility Important?

Web Accessibility for Users

Web Accessibility Benefits for Your Business

Brand Reputation

Expanding Market

Legal Compliance

Website Accessibility Guidelines

The Four Principles of Website Accessibility

Perceivable

Operable

Understandable

Robust

Closing

Making the Internet Accessible – The History of Website ADA Compliance

Are ADA Overlays a Liability? Here’s What Accessibility Experts Had to Say

The ADA Experts

Are screen overlay products effective for making websites appear to be ADA compliant?

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

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

Now it’s Your Turn