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  • 2024 Accessibility Lawsuits: Trends and Lessons

    2024 has been another big year for web accessibility—and not in a good way. More than 4,000 accessibility lawsuits were filed against digital properties this year, affecting businesses of all sizes. Whether you’re a small business facing your first lawsuit or a larger company dealing with repeat claims, the message is clear: ignoring web accessibility is no longer an option.

    Despite the alarming rise in legal risks, the good news is that you can take practical steps to protect your business and create a better online experience for everyone. Below, we’ll examine the highlights of 2024, why they matter, and how you can get ahead in 2025.

    Accessibility Lawsuits Are Shifting to State Courts

    In 2024, over 4,000 accessibility lawsuits were filed—1,600 in state courts and 2,400 in federal courts. While federal cases dipped slightly, lawsuits in state courts surged, led primarily by New York and California. These two states accounted for more than 40% of all claims.

    Why are state courts becoming more popular? State-specific legal frameworks and streamlined procedures may be giving plaintiffs an edge. For businesses, this shift means that federal-level compliance isn’t always enough—you must also stay aware of state-level requirements. Regular audits, attention to WCAG (Web Content Accessibility Guidelines) updates, and a clear understanding of how your state enforces accessibility standards can help you stay ahead. Ignorance, as it turns out, is no longer bliss.

    New York Is at the Center of the Action

    New York isn’t just the city that never sleeps—it’s also the state that leads the nation in accessibility lawsuits. In 2024 alone, 2,541 cases were filed in its federal and state courts, surpassing even California.

    What’s especially notable is New York courts’ willingness to hear cases against businesses with no physical presence in the state. If your website is accessible to New Yorkers, it’s open to potential litigation. Combine that with active plaintiffs and law firms focusing on accessibility, and you have a recipe for heightened risk.

    Copycat Lawsuits Are a Growing Threat

    One of the more frustrating trends of 2024 is the rise of “copycat” lawsuits. Out of this year’s filings, 961 cases—41% of all accessibility lawsuits—targeted companies that had already faced noncompliance claims in the past.

    These repeat claims often happen when companies fix only part of their accessibility issues, leaving gaps that draw new lawsuits. New plaintiffs may target the same website, related brands, or even parent companies. The takeaway? Partial fixes can turn a one-time lawsuit into a recurring problem.

    Small Businesses Are in the Spotlight

    Historically, large corporations shouldered most accessibility lawsuits, but 2024 marked a shift. Small businesses—those earning under $25 million a year—were targeted more than ever.

    There are two key reasons for this change. First, there are simply more small businesses out there, creating a bigger pool of potential defendants. Second, many large companies have been managing lawsuits for years and have implemented robust accessibility programs. With 82% of big companies already working toward compliance since 2018, plaintiffs are now focusing on smaller businesses that may have fewer resources or less awareness.

    For small business owners, this trend can feel overwhelming. The silver lining is that you’re not alone, and even modest efforts can go a long way. You don’t need a massive budget to make your website more accessible—you just need to know where to begin.

    Accessibility Widgets: Not the Quick Fix You Think They Are

    If you’ve ever considered adding a simple “accessibility widget” to solve all your problems, you’re not alone—but this strategy might create more headaches than it relieves. In 2024, over 1,000 companies with widgets on their sites were still sued for accessibility noncompliance.

    Why? Widgets often fail to address the deeper, structural issues that make a site inaccessible. In some cases, they even introduce new barriers, like interfering with assistive technologies or complicating site navigation for users with disabilities. Plaintiffs are increasingly calling out widgets as insufficient and pointing to WCAG violations or “band-aid” approaches that neglect larger accessibility gaps.

    Relying on widgets alone could lead to a rude awakening. True accessibility requires meaningful changes to your site’s structure and content. This investment will reduce your legal risk and provide a better experience for all users.

    What You Can Do in 2025

    The prospect of a accessibility lawsuit is stressful, but there’s plenty you can do to minimize your risk. Consider these steps as you plan for the coming year.

    Immediate Actions

    Conduct a WCAG 2.2 Audit

    Start by evaluating your site against the WCAG 2.1. Common issues include missing alt text, poor color contrast, and unlabeled form fields. Fixing these core issues can make an immediate impact.

    Train Your Team

    Accessibility isn’t a one-time project. Train your developers, designers, and content creators so that accessibility best practices are woven into everything they do. The more knowledge your team has, the fewer issues will arise.

    Long-Term Strategies

    Build Accessibility Into Your Workflow

    Don’t wait until the end of a project to think about accessibility. Integrate it into each stage of development, from initial design to final testing. Known as “shifting left,” this proactive approach saves both time and money.

    Partner With Experts

    Accessibility is complex, and you don’t have to navigate it alone. Working with a team like ours at 216digital can help you stay up-to-date on guidelines and maintain ongoing compliance.

    Conclusion

    Yes, the surge in accessibility lawsuits is concerning. Yes, courts in states like New York and California are becoming more aggressive in penalizing non-compliant businesses. And yes, copycat claims mean one lawsuit can quickly snowball into multiple suits. However, this issue isn’t just about minimizing legal risk—it’s about building an inclusive internet that everyone can use and enjoy.

    At 216digital, we strive to be more than just a service provider. Our aim is to be an ally, guiding you through the complexities of digital accessibility. Creating an inclusive website benefits your customers, your brand, and your legal standing. It might sound daunting at first, but that’s where we come in. Our step-by-step approach can help protect your business and empower a broader online audience.

    The sooner you begin, the easier it becomes to get your site on track. So, let’s move forward—schedule a call with us, take that initial step, and start building a web experience that truly works for everyone. You’ve got this, and we’re here to help.

    Greg McNeil

    January 6, 2025
    Legal Compliance
    2024 accessibility lawsuits, ADA Compliance, ADA Lawsuits, web accessibility lawsuits, Website Accessibility
  • Email Accessibility: Why It Matters for Your Marketing

    Did you know that many marketing emails are nearly impossible for some people to read? It’s true! People with disabilities, especially those who use screen readers, often struggle with text that isn’t coded properly or images that don’t have any descriptions. The good news is that email accessibility is simpler than you might think. In this article, we’ll explore why emails can be hard to read for people with disabilities, why you should care, and how you can start making changes today. Let’s dive in!

    Why Accessibility in Emails Matters

    You might be wondering, “Why should I think about email accessibility?” There are two big reasons:

    1. Reach More Readers: Accessibility helps you connect with a larger audience, which means more potential customers.
    2. It’s the Right Thing to Do: Many people rely on screen readers or special settings to read their messages, and they deserve the same great experience as everyone else.

    Plus, consider this: There are about 61 million adults in the United States alone who have disabilities, and over one million of them are blind. Emails that aren’t accessible can stop them from reading newsletters, buying products, or joining your events. By focusing on accessibility, you’re ensuring everyone can connect with you.

    The Business Case for Accessible Emails

    You might ask, “Why should I spend my time on email accessibility?” Here are three compelling reasons:

    1. Stay Legally Compliant: Laws like the Americans with Disabilities Act (ADA) may apply to online communication. Staying compliant avoids potential legal issues.
    2. Expand Your Audience: People with disabilities make up a significant group. Including them ensures your message reaches more people.
    3. Improve Content for Everyone: Accessible content benefits all users. For example, larger fonts are easier on the eyes, and descriptive link text helps people skimming emails on their phones.

    In short, email accessibility isn’t just nice to have — it’s a smart move that can boost your brand and prevent legal headaches.

    Why Marketing Emails Tend To Be Inaccessible

    Let’s be honest: emails can be tricky. Here’s why:

    • They Rely on Tables for Layout: Modern web pages use advanced CSS layouts, but many email clients don’t support them. This forces developers to use tables, which can confuse screen readers if not coded correctly.
    • Limited Support for Buttons: Real <button> elements often aren’t supported. Replacing buttons with images can create accessibility issues if the images lack descriptions.
    • Drag-and-Drop Tools Aren’t Perfect: Email builders like Mailchimp or HubSpot can generate messy or incomplete HTML code, leading to hidden accessibility problems.

    These challenges make email accessibility tricky, but don’t worry. With a few simple steps, you can overcome these issues.

    Building an Accessibility Checklist for Emails

    Here’s a simple checklist to help you make your emails more accessible:

    Template Setup (One-Time Fixes)

    1. Add role=”presentation” to Tables: This attribute tells screen readers to ignore table structure, reducing confusion.
    2. Underline Inline Links: Don’t rely on color alone to indicate links. Use underlines to make them easily identifiable.
    3. Avoid Using One Big Image as Your Email: Screen readers can’t interpret a single large image. If images are disabled, subscribers will see an empty box instead of your content.

    Campaign-Level Fixes

    1. Add Alt Text to Every Image: Alt text provides descriptions for images. Keep it brief but clear (e.g., “Model wearing a red winter jacket”).
    2. Use Semantic HTML Elements: Use <h1> for main headings, <h2> for subheadings, and <p> for paragraphs to help screen readers understand content structure.
    3. Use Descriptive Links: Replace vague link text like “Click Here” with “View our winter jackets” to provide context.

    Testing and QA for Your Accessible Emails

    How can you ensure your emails are accessible? Test them!

    Manual Testing

    Use free screen readers like NVDA (Windows) or VoiceOver (Mac) to hear how your email sounds. Listening to your email read aloud is a great way to catch problems.

    Automated Testing Tools

    Use tools like Google Lighthouse or WAVE to scan your email’s web version for issues. Publish a temporary version, get the URL, and analyze it for errors.

    A/B Testing

    Test different versions of your accessible emails to see what resonates best with your audience. Compare engagement metrics to measure the impact of accessibility.

    Accessibility Best Practices for Email Design

    Here are additional tips for email accessibility:

    1. Make It Mobile-Friendly: Ensure text, buttons, and layouts work well on smaller screens.
    2. Choose Readable Fonts and Colors: Use high contrast (e.g., black text on a white background) and avoid tiny fonts.
    3. Avoid Flashing or Moving Text: Fast-moving elements can be challenging for some users. Use animation sparingly.

    Encouraging a Culture of Accessibility

    Once you start focusing on accessibility, share your knowledge with your team:

    1. Offer Mini-Trainings: Show marketing and design teams how to add alt text or check code for issues.
    2. Collaborate with Developers: Work with your development team to address tricky code problems.
    3. Celebrate Wins: Highlight successful accessible campaigns during team meetings to encourage continued focus.

    Conclusion

    Email accessibility matters because it helps people with disabilities, grows your audience, and enhances your brand’s reputation. The best part? It doesn’t have to be complicated. With simple steps like adding alt text, using descriptive links, and making your designs mobile-friendly, you can create emails that everyone can enjoy.

    Take a moment to review your next email draft. Is there alt text? Are links descriptive? Are fonts readable? If so, you’re already ahead of many marketers. Keep going, and soon accessibility will become a natural part of your email marketing process, benefiting both your audience and your brand

    Greg McNeil

    January 3, 2025
    How-to Guides, The Benefits of Web Accessibility
    Accessibility, email accessibility, How-to, Web Accessibility, web developers
  • Accessibility in 2025: Why Web Accessibility Can’t Wait

    These days, the internet is part of almost everything we do. Whether you’re shopping, learning, or connecting, the web matters. But what happens when some people can’t access your website in 2025? If your site isn’t built for everyone, think about the message that it sends.

    In 2025, ignoring accessibility isn’t just risky—it’s neglectful. It can also lead to hefty legal issues. How many possible customers are you losing because your site doesn’t work for them? And how much would a lawsuit cost, both financially and in lost reputation? Accessibility isn’t just another box to check. It’s a responsibility we all share. If you’re still waiting to act, ask yourself: why the delay?

    Evolving Accessibility Standards in 2025

    Web accessibility has come a long way. The Web Content Accessibility Guidelines (WCAG) from W3C offer a reliable framework. These guidelines cover how to make digital spaces work for everyone, including people with disabilities.

    By 2025, updates like WCAG 2.2 and the emerging WCAG 3.0 raise the bar further. These updates include new mobile standards, improved focus indicators, and better support for cognitive disabilities. By following these evolving standards, you’ll build a site that truly serves every user.

    Government Enforcement and Legal Implications

    Governments around the world are getting stricter about accessibility. In the U.S., Title II of the ADA now places stronger requirements on public entities. These rules will roll out in April 2026 and 2027, creating clear deadlines for compliance.

    Meanwhile, the European Accessibility Act (EAA) takes full effect by June 28, 2025. This law applies to public institutions and private businesses, including e-commerce and financial services. Non-compliance could land you in legal trouble and damage your reputation. Adapting to these rules isn’t just about avoiding fines—it’s about making sure everyone can use what you offer.

    Accessibility as a Business Imperative

    Many businesses don’t realize how much accessibility can affect their bottom line. The truth is that investing in accessibility is a wise move.

    Legal Implications

    By 2025, lawsuits about inaccessible websites are becoming more common. In 2024 alone, there were over 4,000 ADA lawsuits in the U.S. That number highlights a growing push for compliance. One unfortunate trend is “copycat” lawsuits, where 41% of 2024’s cases targeted businesses with previous noncompliance.

    Settlements can run anywhere from $10,000 to $100,000, not counting legal fees. Worse still, your public image may take a hit that’s hard to fix. Courts have made it plain: websites must be accessible. If you ignore these requirements, you could be facing big legal bills and a tarnished reputation.

    Market Potential in 2025

    Accessibility isn’t just about avoiding risks. It also opens the door to millions of new customers. About 15% of the world’s population has some form of disability. Add older adults who benefit from clear, easy-to-use sites, and you’ve got an even bigger market.

    In the U.S. alone, people over 50 drive more than $8 trillion in economic activity each year, according to AARP. That’s huge, and it’s only growing as our population ages. Making your site accessible also boosts SEO and discoverability. This helps everyone, not just those with specific disabilities.

    Competitive Advantage

    If two companies offer the same service, but one has a user-friendly website, guess who wins? Accessibility sets you apart. It shows you respect and value every customer, building trust in your brand. In 2025, that might be the difference between thriving and floundering.

    An accessible site also signals that your brand is forward-thinking and inclusive. Many customers care about companies that “walk the talk” on social issues. By putting accessibility first, you position yourself as an industry leader.

    Challenges and Misconceptions

    Some organizations stall on accessibility because they think it’s too pricey or too complicated. Others believe quick fixes, like overlays, will solve everything. These myths can hold your business back.

    The Myth of Overlays

    Overlays promise one-click solutions, but they often cause more harm than good. They can break your website’s functionality or confuse users of assistive technologies. Sometimes, they even block screen readers or tangle up navigation.

    They also don’t meet many legal requirements, leaving you open to lawsuits. True accessibility needs mindful design, thorough testing, and a commitment to ongoing improvements—no shortcuts allowed.

    For more information on the harm of screen overlays, check out the Overlay Fact Sheet. 

    Fear of Cost

    Yes, accessibility takes time and resources. But it doesn’t have to ruin your budget. Start small by fixing the biggest barriers on your site. Simple changes—like adding alt text or improving color contrast—can make a huge impact.

    In the U.S., businesses can also use the Disabled Access Credit for accessibility expenses. Over time, small steps lead to big changes. You’ll build a more inclusive online presence and reduce the risk of costly legal battles.

    The Role of Technology in Accessibility

    Fortunately, technology is making accessibility easier. In 2025, AI-driven tools can help identify issues quickly. Popular tests, like Google Lighthouse or WAVE, flag areas that need improvement.

    Assistive technologies are also evolving. Screen readers and voice recognition software are getting smarter. However, technology alone can’t solve everything. You must understand your users and design with their needs in mind. That human-centered approach makes your website better for all.

    Practical Steps to Get Started in 2025

    Worried your website isn’t accessible yet? Don’t panic. You can start today:

    1. Conduct an Audit: Use tools like Google Lighthouse or hire an expert to identify issues on your site.
    2. Fix High-Impact Problems: Start with basics like adding alt text, improving keyboard navigation, and fixing color contrast.
    3. Build Accessibility Into Your Workflow: Make accessibility a part of every project, from design to development.
    4. Seek Help When Needed: Partner with accessibility experts to guide your efforts and ensure long-term success.

    Maintain and Monitor Accessibility

    Remember, accessibility is a journey, not a one-time fix. Keep track of updates and new content to ensure they don’t add barriers—tools like Accessibility Radar (a11y.Radar) help you watch your site’s accessibility over time. By staying proactive, you’ll keep your site usable for everyone.

    Looking Ahead: The Future of Accessibility

    In 2025, you can’t afford to ignore accessibility. It’s crucial for growth, legal compliance, and being a decent digital citizen. When you make your site accessible, you open your business to more customers, strengthen your brand, and help create a fairer online world.

    Don’t wait for a lawsuit or a complaint to spur action. Start now. Conduct an audit, fix any issues you find, and commit to continuous improvement. If you need help, companies like 216digital are ready to guide you. Together, let’s build a web that works for everyone.

    Greg McNeil

    January 2, 2025
    The Benefits of Web Accessibility, Web Accessibility Remediation
    2025, Accessibility, ADA Compliance, New Year's Resolution, Web Accessibility
  • Making Hidden Content Accessible to Assistive Technologies

    As a web developer, you want your website to be usable by everyone, including people who rely on assistive technologies. These technologies—such as screen readers, braille displays, and speech recognition software—can help individuals with disabilities navigate the web more easily. Sometimes, you may need to hide certain parts of your webpage visually without hiding them from these tools. However, doing this incorrectly can cause big accessibility issues.

    In this article, we’ll explore how to effectively hide and manage hidden content for people using assistive technologies. We’ll discuss why display: none is problematic, how to use the clip pattern, and how attributes like aria-hidden and hidden can help. By the end, you’ll have a better understanding of how to ensure your website remains inclusive and user-friendly.

    The Problem with display: none

    When you use display: none in your CSS, you remove an element from the visual flow of the page. This means sighted users will not see it. But, it also means the element is completely invisible to assistive technologies such as screen readers. If you’ve hidden important text or controls this way, users who rely on assistive technologies might miss out on content or functionality that they need.

    For example, imagine you have a button that visually looks like an icon, but you hide the text label using display: none. Now, people who can see the icon know what the button does, but people using assistive technologies hear nothing. This creates a poor user experience and makes your site less accessible.

    The Clip Pattern: A Better Approach

    To visually hide content while keeping it available to assistive technologies, the clip pattern is a popular solution. The idea is to position the element off-screen so sighted users don’t see it, but screen readers can still find it. Here’s an example:

    .visually-hidden {
      position: absolute;
      width: 1px;
      height: 1px;
      margin: -1px;
      padding: 0;
      border: 0;
      overflow: hidden;
      clip: rect(0, 0, 0, 0);
      white-space: nowrap;
    }

    By applying the .visually-hidden class to your element, you ensure it’s hidden visually but remains accessible to assistive technologies. This makes the content discoverable by screen readers, letting users who can’t see the screen still benefit from it.

    Why the Clip Pattern Works

    This pattern relies on moving the element so it’s not visible in the viewport and restricting its size to 1px by 1px. With clip: rect(0, 0, 0, 0); (or clip-path in modern CSS), the browser cuts off any visual display. Yet, the element remains in the Document Object Model (DOM), meaning assistive technologies can still access it. That’s the key difference between this and display: none.

    Managing Visibility with aria-hidden and the hidden Attribute

    Beyond CSS, there are HTML and ARIA (Accessible Rich Internet Applications) attributes that also control how content is shown to both users and assistive technologies. Two important attributes here are aria-hidden and the HTML5 hidden attribute.

    aria-hidden="true"

    When you add aria-hidden="true" to an element, you’re telling assistive technologies not to read or announce that element to users. This is handy for decorative images or redundant content. For instance, if you have a background image that doesn’t provide important information, you could mark it with aria-hidden="true" so screen readers ignore it.

    But be cautious: if you need an element to be read by assistive technologies, do not use aria-hidden=”true”. This attribute will block that element from being announced entirely.

    <div aria-hidden="true">
      <img src="decorative-image.jpg" alt=""/>
    </div>

    HTML5 hidden Attribute

    The hidden attribute is another way to remove content from everyone—both sighted users and assistive technologies. When you use it, browsers typically hide the element. Screen readers will also skip it. This is good if the element is meant to be inaccessible to all users, like a form section that’s not yet relevant or a menu item that’s not available.

    <div hidden>
      <p>This content is hidden from all users.</p>
    </div>

    Use hidden or aria-hidden when you truly want to exclude an element from assistive technologies. If you want it hidden visually but still available to screen readers, you should stick with the clip pattern or .visually-hidden approach.

    Best Practices for Accessible, Visually-Hidden Content

    1. Use Semantic HTML

    Using proper semantic HTML elements (like <nav> for navigation, <main> for main content, or <section> for thematic grouping) is important for clear structure. It helps assistive technologies interpret your content correctly. Semantic HTML also reduces the need for extra attributes and complex styling, since the markup itself conveys meaning.

    2. Avoid Hiding Focusable Elements

    If an element can receive focus (like links, form inputs, or buttons), think carefully before hiding it. A hidden yet focusable element can be confusing for keyboard-only users, since it might get focus without being visible. If you must hide a focusable element, consider removing it from the tab order by using tabindex="-1" or ensuring it’s properly revealed at the right time.

    For example, if you have a pop-up form that appears only after a button click, you can initially hide it with the clip pattern. Once the user clicks, you can remove the clip pattern or switch the CSS to show the content. This way, the form becomes available to both sighted users and people using assistive technologies at the same time.

    3. Provide Context for Hidden Content

    Sometimes you want to reveal hidden content dynamically (like a drop-down menu). In these cases, use ARIA attributes such as aria-expanded and aria-controls to inform assistive technologies that a certain part of the page is now visible or hidden. This can help screen reader users understand changes on the page.

    <button aria-expanded="false" aria-controls="menu" id="menuButton">
      Toggle Menu
    </button>
    
    <nav id="menu" class="visually-hidden">
      <!-- Menu items go here -->
    </nav>

    When you click the button, you can toggle its aria-expanded value from false to true, and remove the .visually-hidden class from the menu. This ensures that both visual and non-visual users know the content has been revealed.

    4. Test with Multiple Assistive Technologies

    It’s important to test your website with different assistive technologies because each one may behave slightly differently. Popular screen readers include NVDA, JAWS, and VoiceOver. Don’t forget to check on both desktop and mobile devices. Regular testing can help you catch accessibility issues before your users do.

    Handling Localization

    If you’re translating your site into multiple languages, remember that hidden text might also need translation. For example, your .visually-hidden text for instructions or links should be available to screen readers in every supported language. Make sure your language attributes (like lang="en") are correct, and consider cultural differences that could impact how you label hidden elements.

    For instance, if you have an English site and a Spanish site, your hidden instructions should be translated into Spanish on the Spanish version. This ensures that users relying on assistive technologies can access the content in the correct language.

    Putting It All Together: A Quick Example

    Let’s look at a simple example of an accessible button that has visually hidden text:

    <button class="icon-button">
      <span class="visually-hidden">Submit Form</span>
      <img src="icon-submit.png" alt="" aria-hidden="true" />
    </button>
    • The .visually-hidden class hides the text “Submit Form” from sighted users, but screen readers can still read it.
    • The <img> tag includes an empty alt attribute and aria-hidden="true", so assistive technologies ignore the image itself.
    • Sighted users see only the icon, while screen reader users hear “Submit Form.”

    This example keeps your content accessible to people using assistive technologies and also meets visual design needs.

    Additional Resources

    • Web Content Accessibility Guidelines (WCAG): A detailed guide on making web content accessible.
    • WAI-ARIA Authoring Practices: Official tips on using ARIA roles, states, and properties.
    • MDN Web Docs on ARIA: In-depth explanations of ARIA attributes and best practices.

    Exploring these resources will help you master hiding content effectively, ensuring people who use assistive technologies can still access everything they need.

    Conclusion

    Hiding content from sighted users while keeping it accessible to assistive technologies is an essential skill for modern web developers. By avoiding display: none for important information, using the clip pattern for visually hidden content, and carefully leveraging aria-hidden or hidden, you can ensure everyone has a good experience on your site.

    Remember to keep the following points in mind:

    1. Use the clip pattern (.visually-hidden) to hide content from sighted users but keep it readable by assistive technologies.
    2. Use aria-hidden and hidden only when you truly want to hide content from all users, including those using assistive technologies.
    3. Pay attention to focusable elements, making sure you don’t accidentally trap keyboard users in hidden sections.
    4. Test frequently with various tools and real users to ensure your hidden content behaves as you expect.
    5. Localize your hidden text so that people using assistive technologies in other languages can also benefit.

    By following these guidelines, you’ll be well on your way to building inclusive websites that work for everyone. Your careful attention to accessibility shows that you value all your users, regardless of their abilities or the assistive technologies they use. Embracing these practices will help ensure a positive, welcoming, and user-friendly experience across the board.

    Greg McNeil

    December 31, 2024
    How-to Guides
    Accessibility, assistive technology, How-to, web developers, web development, Website Accessibility
  • Accessibility Overlays: Band-Aid Solutions?

    Web accessibility is about making sure that everyone, including people with disabilities, can use your website with ease. Many businesses, however, reach for a quick fix known as a “web accessibility overlay.” These overlays claim to instantly solve a website’s accessibility problems by adding a single line of code. At first glance, this may sound like a dream come true: no major redesigns, no deep coding changes, and no extended timelines. Yet overlays often fail to address the real barriers that people with disabilities face. In fact, they can create new challenges and offer website owners a false sense of security.

    In this article, we will explore why web accessibility overlays are often called a “Band-Aid solution” and why relying on them can do more harm than good. We will look at some of the technical limitations, discuss how they can conflict with assistive technologies, and share better ways to make your website truly accessible. We will also include links to helpful resources you can explore independently.

    What Are Web Accessibility Overlays?

    Web accessibility overlays are add-on tools, often in the form of a plugin or script, that claim to repair accessibility issues on a website automatically. Once installed, they usually give users a menu of features such as:

    • Text resizing
    • Color contrast adjustments
    • Keyboard navigation controls
    • Screen reader-friendly labels

    These options may seem helpful, and some are. However, these overlays do not usually fix deeper issues in the website’s code. Overlays focus on surface-level changes that might look or feel good initially. For example, making text larger or changing color contrast might help some people. But someone who uses a screen reader or another assistive device might still find the site impossible to navigate if the page structure is confusing or missing proper markup.

    Why Accessibility Overlays Fall Short

    While overlays may claim to bring your site into compliance with standards like the Web Content Accessibility Guidelines (WCAG), they cannot fix serious problems that come from poor coding, improper headings, or missing labels. Let’s explore some core reasons why these tools can fail.

    1. They Don’t Fix Structural Code Issues

    A website that is built with accessibility in mind has clean, well-labeled HTML code and logical headings (like <h1>, <h2>, and so on). It also uses the right ARIA (Accessible Rich Internet Applications) attributes where needed. These parts of the code help assistive technologies—like screen readers—understand how the page is organized. If your code is poorly structured, an overlay might add color adjustments or keyboard focus outlines, but it won’t rewrite the site’s underlying structure. Missing or incorrect code stays broken, which causes ongoing problems for anyone who relies on a screen reader or keyboard navigation.

    2. Conflicts with Assistive Technologies

    One goal of web accessibility is to ensure that people using screen readers, braille displays, or voice recognition software can move through a site and understand its content. Overlays can accidentally disrupt these tools by adding unwanted code or labeling. For example, a screen reader might end up reading duplicate or confusing text because the overlay tries to label items automatically. This could result in a frustrating experience, causing users to abandon your site altogether.

    3. False Sense of Compliance

    Some businesses install an overlay hoping to protect themselves from legal action under the Americans with Disabilities Act (ADA). However, simply having an overlay does not mean your website is truly accessible or “ADA compliant.” In fact, in 2024 alone, 1,023 companies with an accessibility widget on their website received lawsuits, underscoring that overlays alone cannot shield businesses from legal action. In recent years, many sites using these tools have still faced lawsuits because of the underlying accessibility problems. Accessibility overlays often promise quick compliance, but the law cares about actual accessibility, not just appearances. Relying on an overlay can leave you vulnerable and unprepared if complaints or legal notices arise.

    4. Ethical Concerns and User Frustration

    Overlays may look like an easy fix for you, but they can feel like a barrier for those who need real accessibility improvements. Many people with disabilities have shared stories of frustration when they encounter overlay menus that don’t work correctly or override their screen reader settings. This can be discouraging for users who regularly deal with inaccessible websites. They may see the overlay as another obstacle rather than a tool that truly helps them. From an ethical standpoint, offering a patch that doesn’t solve deeper issues can be viewed as ignoring the experiences of people with disabilities.

    The Risks of Taking the Easy Way Out

    Accessibility overlays give website owners the idea that fixing accessibility is simple and quick. Sadly, that is almost never the case. By relying on an overlay, you risk:

    • Legal Action: Courts can—and do—rule that a website with an overlay still has accessibility problems. An overlay will not protect you if people with disabilities cannot use your site.
    • Damaged Reputation: When users have a poor experience on your site, word can spread quickly. This can harm your brand and turn potential customers away.
    • Ongoing Maintenance Issues: Overlays must be updated along with your website’s updates. If the overlay breaks or conflicts with new code, your site could become even harder to use.

    Instead of merely putting a bandage on the problems, developing or improving your website in ways that truly benefit all users would be better.

    Steps to Achieve Real Accessibility

    To create a site that everyone can use, consider a more thorough strategy. This involves reviewing the code, testing it with real users, and making changes that last. Below are some steps you can take.

    1. Start with Clean, Semantic Code

    Semantic HTML is a fancy way of saying you use the right tags to describe the right content. For example, headings (<h1>, <h2>, etc.) should be in order, and important landmarks (such as navigation and main content) should be labeled. Make sure that images include informative alt text, forms have clear instructions, and interactive elements have correct ARIA attributes if needed. When the base of your site is strong, many common accessibility problems disappear.

    2. Test with Real Users and Automated Tools

    Automated checkers can point out some problems, like missing alt text or heading errors. However, these tools cannot catch everything. The best approach is to test your website with actual users who have disabilities. Ask for their feedback and watch how they move through your site. You will quickly find issues that an overlay would never fix. This user-first approach ensures your improvements are based on real-world experiences.

    3. Collaborate with Accessibility Experts

    If you are not sure where to begin, seek help from professionals who specialize in digital accessibility. They can run a thorough audit, identify areas that need work, and guide you in making the proper fixes. This often involves reviewing your design, testing your site’s code, and recommending best practices so that all new content you create will also be accessible.

    4. Provide Ongoing Training

    Accessibility should be a team effort. Everyone who works on your website—developers, designers, content creators—should know the basics of accessible design. This means understanding how to create keyboard-friendly navigation, how to write alt text, and how to structure pages with clear headings and labels. If your team knows these skills, you are less likely to introduce new barriers when adding or editing content.

    5. Plan for Long-Term Maintenance

    Websites are never finished; they change over time. That means accessibility is an ongoing project. As you update pages, launch new features, or switch platforms, keep accessibility in mind. Continue testing, train your team, and regularly check for new issues. This helps you stay proactive rather than relying on any one tool to fix barriers as they come up.

    Additional Resources

    If you would like to learn more about doing accessibility the right way, here are some helpful links:

    1. Web Content Accessibility Guidelines (WCAG): The official guidelines published by the World Wide Web Consortium (W3C).
    2. W3C Web Accessibility Initiative: Offers guidelines, techniques, and tutorials on how to create an accessible website
    3. WebAIM: A well-known resource that offers articles, tools, and services related to web accessibility.
    4. The A11Y Project: A community-driven site with resources for building and maintaining accessible websites.

    These resources can guide you in understanding the deeper aspects of accessibility and how to address them.

    Moving Forward with True Accessibility

    Web accessibility overlays may seem like a quick and convenient solution, but they are ultimately a Band-Aid on a much larger problem. While they can address surface-level issues, they often fail to tackle the deeper, structural barriers that prevent people with disabilities from fully engaging with your website. Worse, relying on overlays can give businesses a false sense of compliance, leaving them vulnerable to legal action and alienating users who need genuine accessibility improvements.

    Real accessibility requires a proactive, thoughtful approach—one that prioritizes clean code, user testing, and ongoing education. By investing in these strategies, you can create a website that is not just compliant with legal standards but genuinely inclusive for everyone.

    If you’re ready to move past quick fixes and build a site that welcomes all users, 216digital is here to help. We offer expert accessibility audits, training, and monitoring services to ensure your website meets WCAG standards and delivers a seamless experience for every visitor. Reach out to us today to schedule an ADA compliance briefing and take the first step toward meaningful, lasting accessibility.

    Let’s build a more inclusive digital world—together.

    Greg McNeil

    December 30, 2024
    Web Accessibility Remediation
    Overlay, Overlay widgets, screen overlays, Web Accessibility, Website Accessibility
  • DOJ’s Push for WCAG Compliance: Are You Ready?

    The Department of Justice (DOJ) is turning up the heat on web accessibility. They’ve made it crystal clear: if you run a business, your website needs to follow the Web Content Accessibility Guidelines (WCAG). Take Springfield Clinic as an example. This private medical practice was required to make its website, patient portals, and mobile apps meet WCAG 2.1 AA standards. It’s a wake-up call for all businesses—WCAG compliance isn’t just nice to have; it’s a must-have.

    Why Does the DOJ Care About Accessibility?

    The DOJ’s focus comes from the Americans with Disabilities Act (ADA). Under Title III of the ADA, businesses must make their services available to people with disabilities—this includes websites and apps. In today’s world, many people rely on digital platforms to access healthcare, shopping, and other services. If those platforms aren’t accessible, people with disabilities are left out.

    U.S. v. Springfield Clinic, LLC

    In the Springfield Clinic case, the DOJ found problems that made it hard for people with visual and manual impairments to use the website and patient portals. For example, images had no alternative text, and parts of the site were hard to use with just a keyboard. By demanding WCAG 2.1 AA compliance, the DOJ showed that these guidelines are key to making digital services fair for all.

    As part of their settlement, Springfield Clinic agreed to:

    • Review all their digital platforms (website, patient portals, and mobile apps).
    • Fix major issues right away.
    • Create a long-term plan to stay accessible.
    • Train staff on best practices for web accessibility.

    This case is a clear warning sign. Businesses must act now to avoid legal trouble later.

    What This Means for Businesses

    Springfield Clinic isn’t alone. The DOJ is watching more industries than ever, and WCAG compliance is now seen as a legal requirement. Ignoring it can lead to:

    Legal Trouble

    ADA lawsuits related to web accessibility are increasing year after year. In 2024, over 4,000 lawsuits were filed in federal and state courts, with a staggering 41% of these cases identified as copycat litigation. These lawsuits can cost businesses anywhere from $10,000 to $100,000 or more, depending on the severity of the issues and settlement terms. On top of that, companies may face ongoing costs to monitor and maintain accessibility as part of court agreements. Proactively addressing accessibility issues can help you avoid these legal pitfalls and the stress that comes with them.

    Bad PR

    When businesses are accused of excluding people with disabilities, it can quickly become a public relations nightmare. A 2020 survey found that 73% of consumers are more likely to support brands that are inclusive and accessible. Negative press about inaccessibility can erode trust, leading customers to take their business elsewhere. In the age of social media, even one complaint can go viral, causing long-term damage to your reputation. Prioritizing accessibility shows that your business values inclusivity, which builds loyalty and strengthens your brand image.

    Lost Customers

    Accessibility isn’t just the right thing to do—it’s good for business. According to the CDC, 1 in 4 people in the US live with a disability. That’s a massive market segment that businesses risk excluding when their websites aren’t accessible. Furthermore, the spending power of people with disabilities, along with their families and advocates, is estimated at $13 trillion globally. Beyond the direct financial impact, think about the ripple effect: customers with disabilities are likely to recommend accessible businesses to others. Making your website accessible ensures you’re welcoming everyone to your digital storefront.

    What Is WCAG Compliance?

    WCAG stands for Web Content Accessibility Guidelines. Created by the World Wide Web Consortium (W3C), these guidelines act as a roadmap for making websites, apps, and other digital platforms accessible to everyone, including people with disabilities. WCAG is widely recognized as the global standard for digital accessibility and is the framework many businesses follow to ensure their websites meet legal requirements and provide inclusive experiences.

    At its core, WCAG is all about removing barriers. It’s designed to help developers and designers create content that works for people with a wide range of disabilities, including visual, auditory, physical, speech, cognitive, and neurological challenges. The goal is to make the web a place where everyone can participate, regardless of their abilities.

    The Four Principles of WCAG (POUR)

    WCAG is built on four key principles:

    • Perceivable: Information and user interface components must be presented in ways that people can perceive. This includes features like alt text for images and captions for videos.
    • Operable: Users must be able to interact with all elements of the site, whether they’re using a mouse, keyboard, or assistive technology like a screen reader.
    • Understandable: Content should be clear and easy to follow. This means avoiding overly complicated text and ensuring navigation is consistent.
    • Robust: Content should be built to work with assistive technologies now and in the future. This ensures that websites adapt as technology evolves.

    Levels of WCAG Compliance

    WCAG compliance is divided into three levels:

    • A: The most basic level of accessibility.
    • AA: The standard most businesses aim for because it addresses the biggest barriers for users.
    • AAA: The highest level of accessibility, though it’s not practical or required for all content.

    By following these guidelines, businesses can make their websites and apps easier to use for everyone while staying compliant with laws like the ADA. It’s not just about avoiding legal trouble—it’s about creating a more inclusive, user-friendly experience for all.

    How to Make Your Website WCAG Compliant

    Taking steps toward accessibility can feel overwhelming, but you can break it down:

    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.

    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.

    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.

    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.

    Ongoing Monitoring

    WCAG Compliance is not a one-time task with 216digital’s Accessibility Radar (a11y.Radar) service providing 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.”

    Wrapping Up

    The DOJ’s focus on WCAG standards is a big deal. The Springfield Clinic case proves that accessibility matters. This isn’t just about avoiding problems. It’s about creating online spaces where everyone can belong.

    Don’t wait. Start working on WCAG compliance today. Protect your business, build your reputation, and make your site better for everyone.

    Need help? Schedule an ADA briefing with 216digital using the contact form below. We’re ready to guide you through the process.

    Greg McNeil

    December 27, 2024
    Legal Compliance
    DOJ, POUR, WCAG, WCAG Compliance, WCAG conformance
  • What is WAI? Making the Web Accessible to Everyone

    Have you ever thought about how your website works for people with disabilities? The internet is a fantastic resource, but not everyone experiences it in the same way. For some, barriers like visual, auditory, or motor impairments can turn navigating a website into a frustrating process. That’s where the Web Accessibility Initiative (WAI) comes in—an essential part of making the internet a place where everyone can connect, learn, and share, no matter their abilities.

    Created by the World Wide Web Consortium (W3C), WAI focuses on ensuring that websites, apps, and other online tools are accessible to people with disabilities. Let’s dive into what WAI does, why it matters, and how its guidelines, like the Web Content Accessibility Guidelines (WCAG), help shape a better web for all.

    The Role of WAI in Web Accessibility

    At its core, WAI is all about creating a more inclusive internet. The initiative develops resources, guidelines, and standards to make sure digital content is accessible to everyone, including people who are blind, deaf, or have physical, cognitive, or neurological disabilities. By collaborating with governments, organizations, and companies around the globe, WAI helps shape a digital world where no one is left behind.

    Why Accessibility Matters

    Think about how much we rely on the internet for work, school, shopping, and staying connected. In fact, 28.7% of adults in the U.S. live with some form of disability, and an inaccessible website can be a significant barrier. If your site isn’t accessible, you’re unintentionally shutting out a large portion of the population.

    By making your site accessible, you’re not just widening your audience—you’re also promoting fairness and inclusivity. Plus, accessible websites tend to be more user-friendly for everyone, which benefits all your visitors.

    The Foundation of WCAG: Four Key Principles

    One of WAI’s most significant contributions is WCAG—a roadmap for designing websites that work for everyone. These guidelines are built on four key principles, often summarized as POUR:

    Perceivable

    Make sure users can access the information on your site, regardless of how they interact with it. This includes adding text alternatives (alt text) to images for screen readers, providing captions for videos, and ensuring text is compatible with assistive technologies.

    Operable

    Your website must be easy to navigate and use. This means ensuring that all functions can be controlled with a keyboard or voice commands, and avoiding flashing content that could trigger seizures or other issues.

    Understandable

    Keep the content clear, consistent, and logical. Use plain language, label forms clearly, and offer helpful instructions. When websites are too complicated, it can frustrate users—especially those with cognitive disabilities.

    Robust

    Your site should work across various devices and assistive technologies, and it should remain usable as technology evolves. This future-proofing ensures that your accessibility efforts have a lasting impact.

    WCAG Levels: Aiming for Level AA Compliance

    WCAG has three levels of compliance: A (basic), AA (ideal for most businesses), and AAA (highest). For online businesses, meeting WCAG Level AA compliance is a practical, effective, and often legally required goal. At Level AA, you’ll address key accessibility requirements, like:

    • Adding alt text for images and videos.
    • Ensuring text can be resized without losing functionality.
    • Providing sufficient color contrast for readability.
    • Keeping navigation consistent and intuitive.

    These measures aren’t just about ticking a compliance box—they create a better online experience for everyone, including older adults, people using assistive technology, or even those on mobile devices with slow internet connections.

    How WAI Benefits Your Business

    For online businesses, embracing the principles of WAI and WCAG isn’t just about doing the right thing—it’s also a smart move. Here’s why:

    • Widen Your Audience: An accessible website reaches more users, including those with disabilities, older adults, and anyone relying on assistive tools.
    • Boost Your SEO: Search engines often favor accessible sites, as features like alt text and clear headings make it easier to crawl and index your content.
    • Avoid Legal Risks: In many regions, WCAG compliance is a legal requirement for public sector websites and a growing concern for private businesses facing accessibility lawsuits.
    • Improve User Experience: Accessibility best practices, such as logical structure and user-friendly forms, make browsing more enjoyable for all visitors.

    Getting Started with WAI’s Guidelines

    If you’re a business owner, web developer, or content creator, you might feel overwhelmed about meeting accessibility standards. Fortunately, WAI offers plenty of resources to guide you. Here are some steps to get started:

    1. Familiarize Yourself with WCAG: Review the Web Content Accessibility Guidelines. Start with Level A compliance and work your way to Level AA.
    2. Perform an Accessibility Audit: Use tools like Google Lighthouse or WAVE to check your website’s accessibility. These tools can identify issues like missing alt text, low color contrast, or navigation problems.
    3. Make Small, Impactful Changes: Begin by addressing the most critical issues. For example, ensure your site allows for keyboard navigation, add captions to videos, and improve text readability.
    4. Test with Real Users: Involve people with disabilities in testing your website. Their feedback is invaluable in spotting challenges and ensuring your site is truly accessible.

    WAI’s Global Impact

    WAI’s influence extends beyond individual businesses or websites, playing a critical role in setting international standards for web accessibility. Governments, educational institutions, and organizations worldwide often adopt WCAG as a benchmark for their digital content. This widespread adoption underscores how vital accessibility is to creating an inclusive online environment.

    By providing clear, actionable guidelines, WAI empowers developers and designers to create websites that serve the needs of a diverse audience—no matter their abilities.

    Why Accessibility is Everyone’s Responsibility

    WAI’s work reminds us that accessibility isn’t just a technical requirement—it’s about fairness, equality, and opening doors for everyone. When you make your website accessible, you’re contributing to a world where people of all abilities have the same opportunities to participate, learn, work, and thrive online.

    A Better Web for All

    The Web Accessibility Initiative (WAI) is more than just a set of rules—it’s a movement to create a web that works for everyone. With its tools and guidelines, WAI helps businesses and developers make digital spaces inclusive and user-friendly. From the foundational principles of WCAG to the importance of meeting Level AA compliance, WAI’s contributions are shaping a more accessible internet.

    If you’re building a website or running an online business, following WAI’s guidance is essential. By embracing accessibility, you’re opening the door to more customers, improving the user experience, and contributing to a more welcoming, equitable digital world.

    Ready to make your website more accessible? Schedule a call with 216digital today for a briefing on how we can help you meet WAI standards and create a web experience that’s inclusive, compliant, and effective. Together, we can make your website a better place for everyone!

    Greg McNeil

    December 26, 2024
    WCAG Compliance
    POUR, W3C, WAI, Web Accessibility
  • Keyboard Navigation: A Guide to Accessible Web Testing

    Have you ever tried using the internet without a mouse?

    For millions of people, that’s not just a thought experiment—it’s how they navigate the internet every day. Whether it’s because of physical limitations, visual impairments, or using assistive tech, the keyboard is their main tool. But here’s the thing: if your website doesn’t work smoothly with a keyboard, you’re not just creating a frustrating experience—you’re leaving people behind. 

    So, how does your site stack up? Let’s dive into why keyboard navigation matters and how it plays a key role in building an accessible web.

    Why Keyboard Navigation Matters

    Keyboard navigation is a lifeline for users who can’t rely on a mouse due to physical limitations, visual impairments, or the use of assistive technologies. Moreover, it’s an excellent starting point for testing overall web accessibility. If your website works seamlessly with a keyboard, you’re likely on track to create an inclusive experience for all users.

    How to Navigate a Website with Keyboard Shortcuts

    Before you start testing your website’s accessibility, it’s helpful to understand the most common keyboard shortcuts users rely on. These shortcuts allow people to move through links, buttons, forms, and other interactive elements.

    • Tab Key: Moves focus to the next interactive element.
    • Shift + Tab: Moves focus to the previous element.
    • Enter or Spacebar: Activates a focused element, such as clicking a link or button.
    • Arrow Keys: Scroll through pages or navigate dropdown menus.
    • Escape (Esc): Closes modals, dropdowns, or pop-ups.
    • Ctrl + F: Opens a search bar (in most browsers) to find specific content on the page.

    For Mac users on Safari, enabling full keyboard navigation is a quick adjustment:

    1. Open Safari Preferences.
    2. Go to the Advanced tab.
    3. Check the box next to “Press Tab to highlight each item on a webpage.”

    With these basics in mind, you’re ready to put your website to the test.

    Testing Your Website for Keyboard Navigation

    Keyboard testing doesn’t require fancy tools—just a keyboard, a browser, and a little know-how. Follow this step-by-step guide to evaluate your site’s accessibility.

    Start with the Basics: Can You Navigate Without a Mouse?

    Unplug your mouse and navigate through your homepage and other key pages using only the keyboard. Can you access all essential features and content?

    Check Focus Indicators

    Focus indicators are crucial for users who rely on visual cues. As you use the Tab key, ensure there’s a visible outline around the element currently in focus. Check for the following:

    • The focus indicator is easy to see and contrasts well with the background.
    • The focus moves logically through elements in the order they appear on the page.

    If the focus jumps around or disappears, it creates a frustrating experience for users.

    Test Interactive Elements

    Interactive elements like buttons, links, and form fields should be fully accessible. Specifically:

    • Can you submit a form using the Enter or Spacebar key?
    • Can you open and close modals or dropdown menus with the keyboard?
    • Do navigation menus function seamlessly?

    Verify Skip Navigation Links

    Skip navigation links allow users to bypass repetitive elements, like menus, and jump straight to the main content. To check this:

    • Ensure the skip navigation link is present and functional.
    • Verify it’s one of the first focusable elements when using the Tab key.

    Watch Out for Keyboard Traps

    Keyboard traps occur when users get stuck in an element, like a modal or widget, and can’t move forward. Ensure users can exit these areas by pressing the Escape key or tabbing out.

    Tips for Better Keyboard Navigation

    Creating an accessible website doesn’t happen by accident. Here are a few tips to enhance keyboard navigation for all users:

    • Design with Focus in Mind: Use CSS to style focus outlines for clarity and visibility. Avoid removing focus outlines entirely.
    • Ensure Logical Focus Order: Use semantic HTML (e.g., <button> and <a>) and avoid custom elements that might disrupt natural focus flow.
    • Leverage ARIA Roles and Labels: Use ARIA (Accessible Rich Internet Applications) roles and labels to make custom components like sliders or dropdowns keyboard accessible.
    • Test Regularly: Accessibility is not a one-and-done task. Regular testing ensures your website stays accessible as it evolves.

    Common Challenges and How to Address Them

    Even with the best intentions, challenges may arise. Here are some common issues and solutions:

    • Invisible Focus: Use the :focus pseudo-class in CSS to style interactive elements for better visibility.
    • Complex Widgets: Components like carousels or accordions can lack keyboard support. Build these elements with accessibility in mind or use accessible libraries.
    • Poorly Labeled Links: Ensure all links and buttons have clear, descriptive text or labels so users know what action they’ll perform.

    Why Focus on Keyboard Navigation?

    Beyond accessibility, testing your website for keyboard navigation improves overall user experience and usability. Keyboard accessibility is often a foundation for ensuring compatibility with screen readers and other assistive technologies. If your website works well for a keyboard user, it’s likely on its way to meeting broader accessibility standards like WCAG 2.1.

    Next Steps: Make Your Website Keyboard-Accessible

    Keyboard navigation is more than just a best practice—it’s a cornerstone of inclusive design that invites everyone to participate fully on the web. By ensuring your site is keyboard-accessible, you create a welcoming experience for users of all abilities, reinforce your brand’s commitment to accessibility, and lay a strong foundation for broader ADA compliance.

    If you’re ready to take the next step toward digital inclusion, reach out to 216digital to schedule an ADA briefing. We’ll help you assess your website, develop a tailored plan, and guide you through the process of building an online presence that works for everyone. Don’t wait—contact us today and let’s make the internet a more accessible place together.

    Greg McNeil

    December 24, 2024
    How-to Guides, Testing & Remediation
    Accessibility testing, keyboard accessibility, Keyboard Navigation, User Experience, Web Accessibility
  • Accessibility Tax Credit: A Boost for Small Businesses

    Web accessibility is becoming a bigger focus for businesses of all sizes. Not only is it about doing the right thing ethically, but it also helps avoid legal issues. Still, many small businesses hesitate to make accessibility improvements because they worry the costs will be too much. What many don’t realize is there’s a tax credit designed to ease those expenses: the Disabled Access Credit, often called the Web Accessibility Tax Credit. This lesser-known benefit can lighten the financial load while encouraging inclusivity. Let’s break down this tax credit, how it works, and how small businesses can use it to set themselves up for long-term success.

    Understanding the Web Accessibility Tax Credit

    The Disabled Access Credit, outlined in Section 44 of the IRS Code, is a federal tax credit available to eligible small businesses. It’s there to help cover costs related to becoming ADA-compliant. While the ADA is often associated with physical accommodations like wheelchair ramps or accessible restrooms, it also applies to digital spaces. That means the credit can be used for website updates to meet the Web Content Accessibility Guidelines (WCAG) —the technical standards for making digital content inclusive.

    For small businesses, this tax credit can make a big difference. Whether you’re hiring someone to do an accessibility audit or purchasing software to improve your site’s functionality, those costs can add up fast. By using the Disabled Access Credit, you can make these improvements much more affordable, creating a welcoming online space for all users.

    Why the Accessibility Tax Credit Is a Hidden Gem

    Despite its benefits, the Disabled Access Credit isn’t widely used. Part of the reason is that many small business owners simply aren’t aware it exists. Others assume it only applies to physical accessibility upgrades, like installing ramps or widening doorways. But the IRS has made it clear—digital accessibility counts too.

    This means countless small businesses miss out on a financial boost that could:

    • Offset Accessibility Costs: The credit covers up to 50% of eligible expenses, so you can make improvements without straining your budget.
    • Invest in Long-Term Benefits: Accessibility often leads to better user experiences, which helps keep customers coming back.
    • Reduce Legal Risks: Proactively addressing accessibility can protect your business from costly lawsuits and reputational damage.

    With websites being such a vital part of modern business, making yours accessible can open doors to new audiences and opportunities.

    Eligibility Criteria: Does Your Business Qualify?

    Not every business can take advantage of the Web Accessibility Tax Credit. Here’s a quick look at the criteria:

    • Small Business Status: Your business must have annual gross receipts of $1 million or less from the previous year OR employ 30 or fewer full-time employees.
    • Qualifying Expenses: Costs related to removing barriers for people with disabilities—such as making your website WCAG-compliant—are covered.
    • Non-Profit Exclusion: Unfortunately, nonprofits don’t qualify for this credit.

    If you meet these requirements, you’re in a great position to benefit. Even if you’re close to the revenue or employee threshold, it’s worth double-checking your records to make sure you don’t miss out.

    Qualifying Expenses: What Can the Accessibility Tax Credit Cover?

    The Disabled Access Credit can cover 50% of eligible expenses over $250, up to a maximum of $5,000 annually. Here are some common expenses that qualify:

    • Accessibility Audits: Costs for professional evaluations, including both automated and manual testing of your website.
    • Website Modifications: Updates like improved navigation, keyboard functionality, and adding alt text for images.
    • Assistive Technology: Tools like screen readers or captioning software for users with disabilities.
    • Training: Employee training on accessibility best practices to maintain compliance over time.

    For example, if you spend $7,000 on a full accessibility overhaul, subtracting the first $250 leaves $6,750. Applying the 50% credit gives you $3,375 back—a significant savings that can go a long way for a small business.

    Steps to Claim the Web Accessibility Tax Credit

    Claiming the Disabled Access Credit might sound tricky, but it’s simpler than you think:

    1. Talk to a Tax Professional: An accountant or tax advisor familiar with small business tax incentives can confirm your eligibility, guide you through documentation, and suggest the best approach to claiming the credit.
    2. Keep Track of Expenses: Save all receipts and invoices for accessibility-related costs, from software to consultant fees.
    3. File IRS Form 8826: Attach this form to your annual tax return to claim the credit. Ensure all figures are accurate and supported by the documentation you’ve collected.
    4. Consider a Phased Approach: If your total accessibility costs exceed $10,250 in a single year, you may wish to spread your projects across multiple tax years to maximize the annual $5,000 credit. This strategy ensures you continually invest in accessibility without losing out on potential credits.

    How Accessibility Enhances Your Business

    Some business owners see accessibility as just another expense, but it’s actually a smart investment. Here’s why:

    • Reach a Bigger Audience: Around 28.7% of U.S. adults have some disability. Making your site accessible means you’re welcoming a large and often overlooked customer base.
    • Improve SEO: Accessibility best practices—like clear headings and descriptive alt text—can also boost your search engine rankings.
    • Enhance User Experience: Clear navigation, labeled buttons, and proper color contrast benefit all users, not just those with disabilities.
    • Prepare for the Future: ADA-related lawsuits are on the rise. Staying on top of accessibility now can save you legal headaches later.

    By prioritizing accessibility, you’re not just checking a box—you’re making a strategic move that benefits your customers and your business.

    Practical Tips for Getting Started

    If you’re ready to take the plunge into web accessibility and leverage the available tax credit, here are some steps you can take right now:

    1. Perform an Accessibility Audit: Use either free automated tools or hire an accessibility consultant to identify your biggest compliance gaps. This will give you a clear roadmap of where you need to make improvements.
    2. Set a Budget: Determine how much you can invest and calculate how much of that can be offset by the Disabled Access Credit.
    3. Partner with Experts: From web developers specializing in accessible design to training programs that teach your staff how to update content accessibly, a range of expert services can expedite and enhance your compliance efforts.
    4. Monitor Progress: Web accessibility isn’t a one-and-done task. Standards evolve, and so do websites. Continually test, update, and refine to stay compliant and maintain a user-friendly experience.

    Final Thoughts: A Win-Win Opportunity

    The Web Accessibility Tax Credit is a powerful tool that can help small businesses build inclusive, user-friendly websites without taking on the entire financial burden. From improving customer satisfaction to staying compliant with ADA regulations, accessibility has benefits that go far beyond the tax credit.

    Ready to get started? Schedule an ADA briefing with 216digital today. Let us help you create an accessible website that strengthens your brand, expands your audience, and positions your business for success.

    Greg McNeil

    December 23, 2024
    The Benefits of Web Accessibility, Web Accessibility Remediation
    accessibility tax credit, Disabled Access Credit, tax credit, Web Accessibility
  • Why Website Accessibility Should Your New Year’s Resolution

    As each New Year begins, we all look for ways to improve. Some people aim to eat healthier or learn a new skill. Others plan to grow their business or find new ways to help their community. This year, consider making website accessibility your top goal. By doing so, you can help create a more inclusive online experience while also boosting your company’s success. In this article, we will look at why website accessibility matters, how it helps your business, and what steps you can take to get started.

    What Is Website Accessibility?

    When people talk about website accessibility, they are talking about making sure that everyone can use a website. This means people who are blind, have low vision, are deaf, have hearing loss, or have other disabilities. For example, many users rely on screen readers to read text out loud if they cannot see the screen well. Others may navigate only with a keyboard if they have trouble using a mouse.

    Making your site accessible helps all users find the information they need. It also shows that you respect and value every visitor. Most importantly, it creates an inclusive online space where everyone can participate.

    Why Focus on Website Accessibility?

    Inclusivity

    One main reason to focus on website accessibility is to make sure people with disabilities have the same chances as everyone else. It can feel frustrating when someone cannot use a website because images don’t have text descriptions or the site requires the user to click small buttons they can’t see. By updating your site to be accessible, you send a message that you care about all visitors.

    Better User Experience

    Another reason to care about website accessibility is that it improves the user experience for everyone. For example, providing clear and simple navigation helps people with vision or mobility issues. But it also allows users on mobile phones who want easy buttons and menus. By making your site clear, organized, and simple, you help all visitors find what they need faster.

    Search Engine Optimization (SEO)

    Many of the steps you take to improve website accessibility also make your site more search-engine friendly. Search engines like Google look for well-structured content, headings, and alternative text for images. These are the same features that help people who use screen readers. As a result, when you improve your site’s accessibility, you can also see a boost in your SEO. This can lead to more site visitors and potential customers.

    Avoiding Legal Risks

    In some places, it is the law that businesses must make reasonable efforts to ensure website accessibility. If a site is inaccessible, there could be legal consequences, such as lawsuits or fines. By taking the time to keep your site accessible, you protect your business from these risks.

    Future-Proofing Your Website

    Staying on top of website accessibility helps future-proof your site as technology changes. When new devices or tools come out, users with disabilities may rely on them to access the web. A site that follows best practices for accessibility will likely work well with new devices and software.

    Steps for Getting Started with Website Accessibility

    1. Conduct an Accessibility Audit

    A good place to start with website accessibility is to run an accessibility audit. This can show you where your site is working well and where you need to improve. You can use online tools like WAVE Web Accessibility Evaluation Tool or Google Lighthouse to scan your web pages. These tools will point out errors, like missing image text or poor color contrast.

    • Check for Alt Text: One of the first things these tools look for is alt text for images. This text should describe the image so that people using screen readers know what it shows.
    • Inspect Headings: Proper headings (H1, H2, H3, etc.) make it easier for users and search engines to understand your content. They also help screen readers tell listeners what section of the page they’re on.

    2. Improve Color Contrast

    Many people have trouble reading text if the colors do not have enough contrast. For instance, gray text on a white background can be hard to see, even for people without vision disabilities. Try using a tool like WebAIM’s Color Contrast Checker to make sure your text stands out from the background.

    3. Make Your Site Keyboard-Friendly

    Some people cannot use a mouse. Instead, they use the keyboard to move from button to button on a page. Make sure that all interactive parts of your site, such as links and forms, can be reached and used by pressing Tab or the arrow keys. You can test this by trying to use your site without a mouse.

    4. Use Clear Labels and Instructions

    Forms, buttons, and links should have labels that tell people what they do. For example, avoid using a button that says “Click Here.” Instead, use a phrase like “Sign Up for Our Newsletter.” This helps visitors understand what action they’re taking. It also helps users who rely on screen readers since the screen reader will say the label out loud.

    5. Provide Captions and Transcripts

    If you have videos or audio content on your site, make sure you have captions for people who are deaf or hard of hearing. You can also provide written transcripts. This way, all users can understand your content, even if they cannot hear the audio.

    6. Follow the WCAG Guidelines

    The Web Content Accessibility Guidelines (WCAG)  offer detailed advice on how to make sites more accessible. They cover things like color contrast, text size, and how to handle media. While the guidelines can be lengthy, you don’t need to tackle everything simultaneously. Pick the biggest problems first, then work on the rest over time.

    Technical Explanations in Simple Terms

    • Screen Readers: These programs read text on a screen out loud. People who cannot see well often rely on them to use the web. If your site lacks alt text or uses odd layouts, it can confuse screen readers.
    • ARIA Labels: These are extra bits of code that tell assistive technologies how to treat specific parts of a website. They are used when basic HTML tags aren’t enough to explain what something is or does.
    • Semantic HTML: This means using HTML tags the way they were meant to be used. For example, using the <header> tag for your header and <main> for your main content. Semantic HTML makes reading your site easier for browsers and assistive tools.

    Links to Additional Resources

    • W3C Web Accessibility Initiative: This is the group that creates the official guidelines on web accessibility.
    • WebAIM: They offer articles, tools, and services to improve accessibility.
    • The A11Y Project: A community-driven site with accessibility resources, tips, and tools.
    • National Center on Disability and Access to Education (NCDAE): Provides resources on creating accessible web content for education and beyond.

    Embracing Accessibility as a Competitive Advantage

    Improving website accessibility can make you stand out from your competition. People notice when a site is easy to use and welcoming. They are also likely to return if they had a good first experience. In today’s online world, building a site and hoping for the best is not enough. Making it accessible can bring new customers and keep the ones you already have happy.

    Committing to Website Accessibility for 2025

    Focusing on website accessibility sets you up for long-term success. By making your site inclusive, you show you care about all visitors, protect your business from legal risks, and improve SEO while creating a more welcoming internet for everyone.

    Start the New Year with an accessibility audit and tackle high-impact fixes like adding alt text, improving contrast, and ensuring keyboard navigation. Each step brings you closer to a more inclusive and future-proof site.

    Ready to take action? Schedule an ADA briefing with 216digital today. Let us help you build a compliant and inclusive digital presence for 2025 and beyond!

    Greg McNeil

    December 20, 2024
    The Benefits of Web Accessibility, Web Accessibility Remediation
    2025, New Year's Resolution, Web Accessibility, Website Accessibility
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