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  • Why Accessible Buttons Matter for Your Website

    Why Accessible Buttons Matter for Your Website

    As a website owner, developer, or content creator, you’ve probably heard the term “web accessibility” tossed around. But what does it really mean, and why should you care? Specifically, how do accessible buttons fit into this equation? In today’s blog post, we’ll break down everything you need to know about web accessibility for buttons. We’ll cover why it’s essential, the guidelines you need to follow, and practical tips on creating buttons that everyone can use.

    Why Web Accessibility for Buttons is Important

    Let’s start with the basics: what is web accessibility? Simply put, web accessibility means designing websites and digital tools so that everyone, including people with disabilities, can use them. This includes people with visual, auditory, cognitive, and motor impairments. Accessible buttons play a huge role in this.

    Think about how often you click a button online—whether you’re submitting a form, making a purchase, or navigating to another page. Now imagine trying to do those things if the buttons were hard to see, difficult to click, or didn’t make sense when read by a screen reader. For millions of people, this is a daily reality.

    Creating accessible buttons isn’t just about following guidelines—it’s about ensuring that everyone can interact with your website easily and effectively. By making your buttons accessible, you’re not only improving the user experience but also reaching a wider audience, boosting your SEO, and demonstrating social responsibility.

    Understanding the WCAG Guidelines for Accessible Buttons

    The Web Content Accessibility Guidelines (WCAG) are the go-to resource when it comes to web accessibility. They provide a set of recommendations designed to make web content more accessible to people with disabilities. When it comes to buttons, there are specific guidelines to keep in mind.

    Perceivable

    Text Alternatives (WCAG 1.1.1)

    Every button should have a text alternative that conveys the same information as the visual button. This can be done using alt text or aria-labels. This ensures that users who rely on screen readers can understand the button’s purpose.

    Contrast (WCAG 1.4.3)

    Buttons should be easily noticeable by all users, not just those with disabilities. Color plays a significant role in this. You’ll want to ensure that both the button color and the text have sufficient contrast. Buttons should have a high contrast ratio of at least 4.5:1 between the text and background colors to ensure they are easy to see, even for users with visual impairments.

    Operable

    Keyboard Accessibility (WCAG 2.1.1)

    Make sure that all buttons can be accessed and activated using a keyboard. This is crucial for users who cannot use a mouse. Not all users are able to use a mouse to navigate the web which means users need to be able to navigate and click on buttons using just their keyboard.

    Focus Indicators ( WCAG 2.4.13)

    When a button is selected or “focused,” it should be visually distinct so users can easily see which button they’re interacting with. Button elements should be designed to give a clear visual cue to the user. WCAG 2.4.13 recommends at least a 2 CSS pixel thick perimeter around the button.

    Understandable

    Clear Labels (WCAG 3.3.2)

    When creating buttons, make sure the labels are clear and easy to understand, so that users know what will happen when they click the button. You can use WAI-ARIA (ARIA roles) to help with this. By including ARIA labels in your HTML, you can avoid confusion and anxiety around buttons and clearly communicate what action will follow when the button is clicked.

    Consistent Navigation (WCAG 3.2.3)

    If your website uses buttons for navigation, ensure that the buttons are consistent across pages to avoid confusion.  

    Robust

    Screen Reader Compatibility (WCAG 4.1.2)

    Did you know that buttons have different states besides their default one? This includes hover, click, active, and more. Each of these states needs to have clear cues so that users with disabilities and assistive technologies can easily use them. It’s important to make sure your buttons work on different devices and web browsers, including with tools like screen readers. 

    We recommend testing your content with different types of screen readers, like NVDA, Voiceover, or JAWS, to ensure that they are being announced as buttons and not links.

    How to Create Accessible Buttons

    Now that you understand the importance and guidelines of web accessibility for buttons, let’s explore the practical steps you can take to make them accessible.

    Use Semantic HTML

    One of the simplest ways to make your buttons accessible is to use the correct HTML elements. For example, use the <button> tag for buttons rather than trying to repurpose other tags like <div> or <span>. The <button> tag is designed for user interaction and is inherently more accessible because it’s recognized by assistive technologies.

    Here’s a quick example:

    <button type="submit">Submit</button>

    This button is easy for screen readers to identify and interact with. It also works well with keyboards, making it accessible to a broader audience.

    Make Sure Button Labels are Clear and Descriptive

    Button labels should be straightforward and describe the action that will occur when clicked. Avoid using vague labels like “Click Here” or “More” because they don’t provide enough context. Instead, be specific. For instance, “Submit Form,” “Download Report,” or “Add to Cart” are much better options.

    A clear label helps everyone, but it’s especially crucial for screen reader users. When the screen reader announces the button, the user should instantly understand what will happen if they activate it.

    Provide Alt Text or ARIA Labels for Buttons

    If your button uses an image or icon instead of text, you need to provide an accessible name for the button. This can be done with alt text or an aria-label. This ensures that screen readers can announce the button’s function to the user.

    Here’s an example:

    <button aria-label="Search">
    <img src="search-icon.png" alt="">
    </button>

    In this case, the aria-label tells the screen reader that this is a search button, even though the button itself only displays an image.

    Ensure High Contrast for Better Visibility

    High contrast between the button text and background is essential for users with visual impairments, including color blindness. WCAG recommends a contrast ratio of at least 4.5:1 for normal text and 3:1 for large text.

    For example, if your button has white text on a blue background, make sure the shade of blue is dark enough to provide sufficient contrast.

    Test Keyboard Accessibility

    Many users rely on a keyboard rather than a mouse to navigate a website. Ensure that all buttons can be accessed using the Tab key and activated with the Enter or Space key.

    To test this, try navigating your site using only the keyboard. If you can’t reach or activate a button, you’ll need to adjust your code to make it keyboard accessible.

    The Role of Button Labels in Web Accessibility

    Button labels are crucial in web accessibility. They guide users on what to do next and are particularly important for those using screen readers or other assistive technologies. Here’s how to get button labels right:

    Write Alt Text as Simple Sentences

    If your button includes an image or icon, write alt text that clearly and succinctly describes the button’s action. Alt text should be simple, direct, and written as a complete sentence whenever possible. 

    For example:

    <button aria-label= "Download report">
    <img src="download-icon.png" alt="Download report">
    </button>

    This alt text tells the user exactly what the button does. Avoid overly complex or vague descriptions, as they can confuse users.

    Avoid Repeat or Redundant Button Labels

    On some websites, you might find multiple buttons with the same label, like several “Learn More” buttons on a single page. This can be confusing for users who rely on screen readers, as they won’t know which “Learn More” button corresponds to which section of content.

    To avoid this, make sure each button label is unique and descriptive. If you have several buttons that perform similar actions, differentiate them by adding context. For example:

    • “Learn More About Our Services”
    • “Learn More About Our Products”
    • “Learn More About Our Team”

    Testing and Maintaining Accessible Buttons

    Once you’ve created accessible buttons, it’s important to test them regularly to ensure they work as expected. Here are some ways to test your buttons:

    Screen Reader Testing

    Use a screen reader like NVDA (Windows), Voiceover (Mac), or JAWS to navigate your website. Ensure that each button is announced correctly and that its purpose is clear.

    Keyboard Navigation

    Test your site using only a keyboard to make sure that all buttons are accessible and functional. Check that the focus state is visible and that buttons can be activated with the Enter or Space key.

    Color Contrast Testing

    Use tools like the WCAG Contrast Checker to verify that your button colors meet accessibility standards.

    Ongoing Maintenance

    Web accessibility is not a one-time task. As you add new content and features to your website, make sure that any new buttons meet accessibility guidelines. Regularly audit your site to catch and fix any issues.

    216digital’s a11y.Radar ADA Monitoring

    With 216digital’s a11y.Radar, maintaining an ADA-compliant website is easier than ever. This automated platform continuously audits your site, reporting on accessibility efforts by your team or an external agency. You’ll get real-time updates on potential issues, access to an intuitive dashboard, and tools to manage and resolve problems.

    Key Features:

    • Dynamic Dashboard
    • Compliance Scans
    • Detailed Issue Reports
    • Issues Over Time Tracking
    • Manual Testing Reports
    • Email Alerts
    • Current Compliance Status

    Schedule a complimentary ADA Strategy Briefing to speak with one of our accessibility experts about a11y.Radar ADA Monitoring today.

    Button Up for Web Accessibility

    Web accessibility is essential for creating an inclusive online experience, and accessible buttons are a crucial part of that equation. By following the WCAG guidelines, using clear and descriptive labels, and testing your buttons for accessibility, you can ensure that your website is usable by everyone.

    Remember, accessible buttons not only help users with disabilities—they improve the overall user experience for everyone. As a website owner, developer, or content creator, making your buttons accessible is a simple yet powerful way to make your site more inclusive and effective.

    So, the next time you add a button to your website, take a moment to consider its accessibility. It’s a small effort that can make a big difference.

    Greg McNeil

    July 23, 2024
    How-to Guides
    Accessibility, Accessible Buttons, ADA Compliance, ADA Website Compliance, web development, Website Accessibility
  • The European Accessibility Act: How to Prepare

    The European Accessibility Act: How to Prepare

    In an increasingly digital world, accessibility is more than just a buzzword—it is necessary. The European Accessibility Act (EAA) is a transformative piece of legislation that will significantly impact businesses and organizations across the European Union. Understanding what the EAA entails and taking proactive steps to comply can ensure legal compliance, expand your audience, and improve the user experience.

    What is the European Accessibility Act (EAA)?

    The European Accessibility Act, adopted in 2019, aims to improve the functioning of the internal market for accessible products and services by removing barriers created by divergent rules in Member States. This directive focuses on enhancing accessibility for people with disabilities, ensuring they have equal access to products and services, particularly in the digital domain.

    The EAA applies to various sectors, including:

    • Computers and operating systems
    • ATMs, ticket kiosks, and check-in terminals
    • Smartphones
    • Digital TV equipment and related accessories
    • Telecommunication services and equipment
    • Access to audio-visual media, including TV broadcasts and related consumer devices
    • Transportation services for air, bus, rail, and maritime travel
    • Banking services
    • E-books
    • Online shopping and e-commerce

    The deadline for compliance is June 28, 2025, giving organizations a clear timeframe to adapt their products and services to meet these new standards. Non-compliance can lead to significant penalties, and more importantly, it may alienate a substantial portion of the market.

    Preparing for the EAA: Steps to Increase Digital Accessibility

    Preparing for the EAA involves thoroughly understanding the requirements and taking systematic steps to ensure your organization is compliant. Here are essential steps to help you prepare:

    1. Understand the Specific Requirements for the EAA

    The first step towards compliance is to understand the specific requirements of the EAA fully. Begin by …

    • Reviewing the text of the legislation to understand the general and specific obligations.
    • Identify which products and services your organization offers fall under the scope of the EAA.
    • Consult legal experts or accessibility consultants to interpret the requirements for your specific case.

    2.Conduct an Accessibility Audit

    An accessibility audit comprehensively evaluates your digital products and services to identify areas not meeting accessibility standards. This audit should cover:

    • Websites and web applications
    • Mobile apps
    • Electronic documents (e.g., PDFs, e-books)
    • Software and hardware interfaces

    The audit should be conducted by professionals well-versed in the Web Content Accessibility Guidelines (WCAG) 2.1, as these guidelines form the basis for many of the EAA’s requirements.

    3.Develop an EAA Accessibility Strategy

    Based on the audit findings, develop a clear and actionable accessibility strategy. This strategy should include:

    • Setting Goals: Define specific, measurable, achievable, relevant, and time-bound (SMART) goals for accessibility improvements.
    • Allocating Resources: Determine the budget, personnel, and tools required to implement accessibility improvements.
    • Creating a Timeline: Establish a timeline for achieving compliance, with milestones to track progress.

    4.Implement Accessibility Improvements

    With a strategy in place, begin implementing the necessary changes. Key areas to focus on include:

    • Web and Mobile Accessibility: Ensure your websites and mobile apps comply with WCAG 2.1 AA standards. This includes providing text alternatives for non-text content, making content easily navigable, and making all functionalities available via keyboard.
    • Document Accessibility: Make sure electronic documents, such as PDFs and e-books, are accessible. This involves proper formatting, including headings, lists, and tables, and ensuring screen readers can interpret the content correctly.
    • Software and Hardware Interfaces: Ensure that software interfaces are navigable and operable by people with disabilities. This might involve providing tactile indicators, voice control, or other assistive features for hardware.

    5.Train Your Team on the EAA

    Accessibility is not a one-time project but an ongoing commitment. Train your team on accessibility best practices to ensure that accessibility is integrated into your organizational culture. This training should cover:

    • Designers and Developers: Training on how to create accessible user interfaces and code.
    • Content Creators: Guidance on writing accessible content and using accessible formats.
    • Customer Service Staff: Educating on how to assist customers with disabilities.

    6.Engage with Users with Disabilities

    User testing is a critical component of accessibility. Engage with users with disabilities to test your products and services. Their feedback will provide invaluable insights into real-world accessibility issues and help you make necessary adjustments.

    7.Monitor and Maintain Accessibility

    Accessibility is an ongoing process. Establish procedures for regularly monitoring and maintaining accessibility standards. This includes:

    • Regular Audits: Conduct regular accessibility audits to ensure continued compliance.
    • User Feedback: Create channels for users to report accessibility issues and ensure these reports are addressed promptly.
    • Staying Updated: Keep abreast of updates to accessibility standards and legislation to ensure ongoing compliance.

    Benefits of Compliance

    Complying with the EAA goes beyond avoiding legal repercussions. It offers several significant benefits:

    • Wider Audience Reach: By making your products and services accessible, you open your business to a broader audience, including the estimated 135 million people with disabilities in Europe.
    • Improved User Experience: Accessibility improvements often enhance the overall user experience, benefiting all users, not just those with disabilities.
    • Enhanced Reputation: Demonstrating a commitment to accessibility can improve your organization’s reputation, showing that you value inclusivity and diversity.
    • Competitive Advantage: Early compliance can set your organization apart from competitors who may delay or neglect these essential improvements.

    Conclusion

    The European Accessibility Act is a landmark step towards a more inclusive digital world. By understanding the requirements and taking proactive steps to ensure compliance, organizations can avoid legal penalties, enhance their user experience, reach a broader audience, and demonstrate a commitment to inclusivity. 

    Schedule a briefing with 216digital today to start preparing to ensure your organization is ready for the EAA and can thrive in an increasingly accessible digital landscape.

    Greg McNeil

    July 22, 2024
    Legal Compliance
    Accessibility, digital accessibility, EAA, WCAG Compliance, Website Accessibility
  • What Are The Most Accessible Shopify Themes?

    What Are The Most Accessible Shopify Themes?

    Hey there, Shopify store owners, developers, and content creators! If you’re reading this, having a stunning online store is critical to attracting customers. But have you ever thought about making your store accessible to everyone, including people with disabilities? In today’s digital age, digital accessibility is crucial and more than just a buzzword. It’s about ensuring everyone can enjoy your site, no matter their abilities. Let’s dive into accessible Shopify themes and why they matter.

    Understanding Digital Accessibility

    Digital accessibility means designing websites and digital tools so everyone, including people with disabilities, can use them. Disabilities can be visual, auditory, physical, speech, cognitive, or neurological. When your site is accessible, you’re not just following best practices but also reaching a broader audience, enhancing your SEO, and showing you care about all your visitors.

    Why Accessibility Matters for Shopify Stores

    Shopify is one of the best e-commerce platforms for creating beautiful online stores. But beauty isn’t everything. Accessibility matters because:

    1. Inclusivity: Making your site accessible ensures everyone can use it, including those with disabilities. This increases your potential customer base.
    2. Legal Compliance: In the US, websites must comply with the Americans with Disabilities Act (ADA). Not following these guidelines can lead to lawsuits.
    3. SEO Benefits: Accessible sites are often better optimized for search engines, meaning better rankings and more traffic.
    4. Better User Experience: An accessible site is usually more user-friendly, keeping customers returning.

    What Makes a Shopify Theme Accessible?

    So, what should you look for in an accessible Shopify theme? Here are some key features:

    1. Keyboard Navigation: Users should be able to perform actions on your site using just a keyboard.
    2. Screen Reader Compatibility: Your site should work well with screen readers, which helps visually impaired users navigate the web.
    3. Text Alternatives: All images should have alt text so screen readers can describe them to users.
    4. Color Contrast: Text should have enough contrast with the background to be easily readable.
    5. Resizing Text: Users should be able to zoom and resize text without breaking your site’s layout.
    6. Clear Labels and Instructions: Forms and buttons should be clearly labeled so users know what they’re for.

    Top Accessible Shopify Themes Compatible with Online Store 2.0

    Now, let’s get into some of the most accessible Shopify themes compatible with Online Store 2.0. These themes are designed with digital accessibility in mind, ensuring your store is usable for everyone.

    Dawn

    Dawn is Shopify’s flagship theme for Online Store 2.0 and is built with accessibility in mind.

    • Keyboard Navigation: Dawn is fully navigable via keyboard, making it accessible for users who can’t use a mouse.
    • Screen Reader Support: The theme is compatible with screen readers, ensuring visually impaired users can access all content.
    • High Contrast: Dawn offers excellent contrast between text and background, which helps users with low vision.

    Craft

    Craft is perfect for stores with a focus on aesthetics and usability.

    • Text Alternatives: Every image in Craft can have alt text, making it accessible for screen readers.
    • Flexible Design: The theme’s layout adjusts well when text is resized, ensuring it remains readable.
    • Clear Instructions: Forms and interactive elements in Craft are clearly labeled.

    Sense

    Sense is a clean and modern theme designed for ease of use and accessibility.

    • High Contrast Mode: Sense offers a high-contrast color scheme, improving readability for low-vision users.
    • Accessible Forms: Forms are well-labeled and easy to use, ensuring everyone can complete purchases without hassle.
    • Keyboard-Friendly: Like the others, Sense is designed to work well with keyboard navigation.

    Crave

    Crave is a stylish theme that combines modern design with robust accessibility features.

    • Responsive Design: Crave’s responsive design ensures it looks great and works well on all devices, which is crucial for accessibility.
    • Alt Text: All images can have alt text, which is essential for screen reader users.
    • Clear Navigation: The navigation is straightforward to use, making it accessible to everyone.

    Refresh

    Refresh is ideal for stores that want a clean, modern look without compromising on accessibility.

    • Keyboard Navigation: The theme supports full keyboard navigation, ensuring users with disabilities can easily browse.
    • High Contrast: Refresh uses high contrast in its design, improving readability.
    • Screen Reader Friendly: It’s built to work seamlessly with screen readers.

    Tips for Enhancing Accessibility on Your Shopify Store

    Choosing an accessible theme is just the first step. Here are some additional tips to make your Shopify store even more accessible:

    1. Add Alt Text to Images: Every image on your site should have alternative text. This action helps screen reader users understand what’s on your site.
    2. Use Descriptive Links: Instead of “click here,” use descriptive text like “view our latest collection.”
    3. Ensure Text Readability: Use large, clear fonts and high-contrast colors.
    4. Test Your Site: Regularly check your site with the WAVE Web Accessibility Evaluation Tool for accessibility issues.
    5. Provide Keyboard Shortcuts: Offer keyboard shortcuts for common actions to make navigation easier.
    6. Accessible Forms: Make sure forms are easy to use and clearly labeled.
    7. Regular Updates: Keep your site and theme updated to fix any accessibility issues.

    Conclusion

    Digital accessibility isn’t just about ticking a box; it’s about creating an inclusive and user-friendly experience for all your visitors. Choosing an accessible Shopify theme like Dawn, Craft, Sense, Crave, or Refresh is a great start.

    Remember, an accessible site broadens your customer base, boosts your SEO, and helps you comply with legal requirements. So, take the time to invest in digital accessibility—it’s worth it!

    Starting your web accessibility journey on Shopify has never been easier with 216digital by your side. Schedule a complimentary ADA Strategy Briefing with our experts to craft a tailored plan for integrating WCAG 2.1 compliance into your development roadmap. We’re here to guide you every step of the way, ensuring that your online store meets accessibility standards while you focus on growing your business.

    Happy selling, and here’s to a more inclusive web!

    Greg McNeil

    July 18, 2024
    WCAG Compliance
    Accessibility, digital accessibility, Shopify, Shopify Themes, web development, Website Accessibility
  • The True Cost of ADA Lawsuits: More Than Just Settlements

    The True Cost of ADA Lawsuits: More Than Just Settlements

    As a business owner with an online presence, you’re likely familiar with the importance of keeping up with legal requirements and ensuring your website meets certain standards. However, one area that might not be on your radar but deserves serious attention is web accessibility and the potential for ADA lawsuits.

    Understanding Web Accessibility

    Web accessibility refers to the practice of ensuring that websites and web applications are usable by everyone, including people with disabilities. This includes making content perceivable, operable, understandable, and robust for all users, regardless of their abilities or disabilities.

    The Americans with Disabilities Act (ADA) was enacted in 1990 to prohibit discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and public and private places that are open to the general public. Over the years, courts have extended ADA requirements to include websites and digital platforms, considering them as places of public accommodation.

    The Rise of ADA Lawsuits

    In recent years, there has been a significant increase in lawsuits against businesses alleging that their websites are not accessible to individuals with disabilities. These lawsuits typically cite violations of the ADA, claiming that inaccessible websites prevent full and equal access to goods and services.

    The cost implications of these lawsuits are often underestimated by businesses. While the immediate financial impact of a settlement can be substantial, the true costs extend far beyond just the monetary figure agreed upon.

    Direct Costs: Settlements and Legal Fees

    Let’s start with the obvious: the direct costs. When a business is sued for ADA non-compliance, the most immediate expense is usually the settlement paid to the plaintiff. Settlement amounts can vary widely but often range from several thousand to tens of thousands of dollars. In addition to the settlement, businesses often incur significant legal fees defending against these lawsuits, which can escalate quickly depending on the complexity and duration of the case.

    Indirect Costs: Reputational Damage and Lost Opportunities

    Beyond the financial impact, ADA lawsuits can also have indirect costs that are harder to quantify but equally damaging. One such cost is reputational damage. In today’s digital age, news of an ADA lawsuit can spread quickly through social media and online platforms, potentially tarnishing a business’s reputation and undermining customer trust. For businesses that pride themselves on inclusivity and fairness, being embroiled in an accessibility lawsuit can contradict their values and negatively impact their brand perception.

    Moreover, while dealing with a lawsuit, businesses may lose focus on core activities and strategic initiatives. The time and resources spent on legal proceedings could otherwise be invested in improving products and services, expanding market reach, or enhancing customer experiences.

    Long-Term Costs: Compliance and Accessibility Upgrades

    Perhaps the most overlooked aspect of ADA lawsuits is the long-term cost of achieving compliance and maintaining accessibility. Achieving ADA compliance involves not just fixing issues highlighted in the lawsuit but implementing a comprehensive accessibility strategy that ensures ongoing compliance with evolving standards.

    This may include redesigning website elements, restructuring content, integrating assistive technologies, and training staff to create and maintain accessible digital content. These efforts require investments in time, technology, and expertise, all of which contribute to the total cost of addressing accessibility concerns raised by an ADA lawsuit.

    The ROI of Web Accessibility

    Despite the daunting costs associated with ADA lawsuits, there is a compelling case for investing in web accessibility beyond mere compliance. Research indicates that accessible websites tend to have better usability for all users, resulting in improved user experience, increased engagement, and potentially higher conversion rates. Moreover, catering to a broader audience can open up new market opportunities and enhance customer loyalty.

    Taking Action: Protecting Your Business

    As a website owner, protecting your business from ADA lawsuits begins with understanding and prioritizing web accessibility. Here are some proactive steps you can take:

    1. Conduct an Accessibility Audit: Start by assessing your website’s current level of accessibility. Identify areas that need improvement and prioritize fixes based on their impact on usability and compliance.
    2. Implement Accessibility Best Practices: Familiarize yourself with web accessibility guidelines such as the Web Content Accessibility Guidelines (WCAG). Implementing these best practices not only helps in compliance but also improves usability for all users.
    3. Train Your Team: Educate your content creators, designers, and developers about accessibility standards and best practices. Encourage a culture of accessibility within your organization to ensure that accessibility considerations are integrated into all aspects of your digital presence.
    4. Monitor and Maintain Accessibility: Accessibility is not a one-time fix but an ongoing commitment. Regularly monitor your website for accessibility issues and address them promptly. Keep abreast of changes in accessibility standards and technology to stay ahead of potential compliance issues.
    5. Consult with Experts: If you’re unsure where to start or need guidance, consider consulting with accessibility experts or hiring professionals who specialize in web accessibility audits and remediation.

    Conclusion

    Navigating the complexities of ADA compliance and web accessibility can seem daunting, but you don’t have to go it alone. The financial and operational impacts of ADA lawsuits can be far-reaching, from legal fees to reputational damage, and the ongoing investment in accessibility upgrades. By proactively integrating web accessibility into your business strategy, you not only mitigate the risk of costly lawsuits but also enhance the overall user experience and showcase your commitment to inclusivity.
    At 216digital, we’re here to help you navigate these challenges with ease. Schedule a complimentary ADA strategy briefing with us to gain valuable insights and practical solutions tailored to your needs. Let us help you turn accessibility into a strategic advantage, ensuring that your digital presence is inclusive, innovative, and poised for success.

    Greg McNeil

    July 17, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA Lawsuits, ADA non-compliance, ADA Website Compliance
  • 5 Common Image Alt Text Mistakes

    5 Common Image Alt Text Mistakes

    If you’re a website owner, developer, or content creator, you’ve probably heard about the importance of alt text for images. Alt text, short for alternative text, is crucial for web accessibility. It helps people with visual impairments understand what’s in the images on your site, using screen readers. It also has SEO benefits, helping search engines understand and index your images. However, writing good alt text isn’t always straightforward. Here are some common mistakes people make and how to avoid them.

    1.Some Images Should Use an Empty Alt Attribute

    One of the most common mistakes is thinking every image needs alt text. Not all images require detailed descriptions. Decorative images, like those used purely for design or spacing, should use an empty alt attribute (alt=””). This tells screen readers to skip these images, preventing unnecessary clutter for users.

    For instance, if you have a decorative border or a purely aesthetic icon, you don’t need to describe it. Including alt text for these elements can overwhelm users with information and make their browsing experience frustrating. Always ask yourself if the image conveys essential information. If not, it’s a good candidate for an empty alt attribute.

    2.Context Matters

    Context is everything when it comes to writing alt text. The same image might need different alt text depending on where and how it’s used. For example, a picture of a dog on a veterinary website might need different alt text than the same picture on a pet adoption site.

    Let’s say you have an image of a golden retriever. On a veterinary site, the alt text might be “Golden retriever receiving a check-up at the vet.” On a pet adoption site, it could be “Golden retriever available for adoption.” The context gives users the specific information they need based on where they are and what they’re looking for.

    3.Screen Readers and Search Engines Already Know That It’s an Image

    Another mistake is being redundant in alt text. Screen readers and search engines already know the element is an image, so you don’t need to start with “Image of…” or “Picture of…”. Jump straight into the description.

    Instead of saying, “Image of a woman using a laptop,” just say, “Woman using a laptop.” This makes your alt text more concise and easier for screen readers to process. Remember, simplicity and clarity are key.

    4.Write Alt Text as Simple Sentences

    Good alt text is clear and straightforward. Using simple sentences helps ensure that everyone can understand your descriptions, including those using screen readers. Avoid complex phrases and jargon that could confuse users.

    For example, if you have a photo of a sunset, instead of saying, “A stunningly beautiful sunset with hues of orange and pink casting a magnificent glow over the tranquil sea,” you could say, “Sunset over the sea with orange and pink colors.” Simple, right? It’s all about making the information as accessible as possible.

    5.Don’t Repeat Captions in Alt Text

    If your image already has a caption, don’t just copy and paste it into the alt text. Alt text and captions serve different purposes. Captions are visible to all users and often provide context or additional information, while alt text is specifically for those who can’t see the image.

    For instance, if you have a caption that says, “John Doe speaking at the annual tech conference,” the alt text could be “John Doe at a podium,” giving a brief description without repeating the same information. This way, you enhance the user’s understanding without redundancy.

    The Importance of Web Accessibility

    Web accessibility is about making the internet usable for everyone, including people with disabilities. Alt text plays a significant role in this effort. By providing descriptive alt text, you ensure that all users, regardless of their abilities, can access the information on your site.

    Accessible websites don’t just benefit those with disabilities. They can improve the overall user experience, increase your audience reach, and even boost your SEO. Search engines like Google use alt text to understand what images are about, which can help your site rank better in search results.

    Practical Tips for Writing Good Alt Text

    Here are some practical tips to help you write better alt text:

    1. Be Descriptive but Concise: Aim for a balance between being detailed and keeping it short. Generally, 125 characters is a good length to shoot for.
    2. Focus on What’s Important: Describe the most important aspects of the image. Think about what information the user needs to understand the image in the context of the content.
    3. Avoid Redundancy: As mentioned, don’t use phrases like “image of” or repeat the caption.
    4. Use Proper Grammar and Punctuation: Even though alt text might seem less formal, proper grammar and punctuation help with clarity.
    5. Think About the User’s Experience: Always consider how a user relying on a screen reader will interpret your alt text. Will it provide the necessary information in a clear and straightforward manner?

    Common Scenarios and Examples

    To make things clearer, let’s look at some common scenarios and examples of good alt text.

    Scenario 1: Product Images

    If you’re running an e-commerce site, your product images need good alt text. For a photo of a red dress, a good alt text might be “Red cocktail dress with ruffle sleeves.” This description is concise and gives potential buyers the information they need.

    Scenario 2: Infographics

    Infographics can be tricky because they often contain a lot of information. A good approach is to summarize the key points. For example, if your infographic shows the steps of a process, the alt text might be “Infographic showing 5 steps to start a blog: Choose a platform, Pick a domain, Set up hosting, Design your site, Publish content.”

    Scenario 3: Event Photos

    For event photos, focus on who, what, where, and when. An image from a company event might have alt text like “CEO Jane Smith speaking at the annual company meeting in June 2023.”

    Conclusion

    Writing effective alt text is an essential skill for anyone managing a website. It’s not just about ticking a box for accessibility; it’s about making your content accessible and useful for everyone. By avoiding common mistakes like over-describing, repeating captions, or using complex sentences, you can create a better experience for all users.

    Remember, the goal of alt text is to provide essential information to those who can’t see the image. Keep it simple, relevant, and in context, and you’ll be well on your way to making your website more accessible and inclusive. Web accessibility isn’t just a legal requirement; it’s a way to show that you care about all your users, making your site more welcoming to everyone.

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

    Greg McNeil

    July 15, 2024
    How-to Guides
    Accessibility, Alt text, digital accessibility, Image Alt Text, Website Accessibility
  • Do You Need Web Accessibility Monitoring?

    Do You Need Web Accessibility Monitoring?

    Your website is now accessible, but there’s more to be done. Web Accessibility is not a one-and-done task – it’s an ongoing effort to make sure that everyone can easily use and access your site.

    While remediation is an excellent first step, the truth is that you’re just getting started. You now have to keep up the progress you’ve made with your site through constant observation, assessment, and development. 

    In this post, we’ll go over why you need web accessibility monitoring and what you should look for to maintain your digital properties. 

    Challenges in Maintaining Accessibility

    To run an online business successfully, you must be prepared to adapt to constant change. However, updates to your website, such as adding new content or features like forms or plugins, can affect its accessibility.

    Even small changes can create accessibility barriers. Each change carries the risk of making your website difficult to use for people with disabilities,, and you may not even be aware of it.

    Challenges A Website Could Experience

    Here are some common challenges a website might face:

    • Lack of Training: Staff responsible for maintaining the website may lack awareness or understanding of accessibility principles and techniques.
    • Content Updates:  Modifying the website’s content and adding new features. 
    • Third-Party Widgets or Plugins: Websites rely on external plugins and tools, which can be challenging to keep up-to-date and accessible.

    Regular audits and testing are essential to ensure your website is accessible to everyone. One way to do this is through monitoring. But how do you monitor your website?

    What is Web Accessibility Monitoring?

    Accessibility monitoring is an ongoing and proactive process that regularly checks online content for accessibility violations. Think of it as an early warning system, allowing developers and content creators to identify and fix potential barriers quickly.

    There are two ways to monitor accessibility: automated and manual. However, they differ significantly in their approach and the level of thoroughness they provide. Below, you can find a description of both.

    Automated Monitoring

    Automated tools use algorithms to quickly scan web pages for accessibility issues based on predefined criteria. They are efficient for identifying certain barriers, such as missing alternative text for images or improper use of headings. However, automated tools will only catch 30% of issues and should be used with manual testing.

    Manual Monitoring

    Manual testing involves human experts reviewing web pages to identify accessibility barriers using assistive technologies such as screen readers. Human testers can provide a deeper insight that automated tools may miss, such as understanding the context of content or the user experience for people with disabilities. However, manual testing is time-consuming and labor-intensive. It may not be feasible for frequent updates or large-scale projects.

    Why You Should Use a Monitoring Service

    Having a web accessibility monitoring service is crucial for various reasons:

    1. Legal Compliance

    In many countries, including the United States, laws require websites to be accessible to individuals with disabilities. For instance, the Americans with Disabilities Act (ADA) mandates that both state and federal agencies make their online content usable for everyone. Monitoring services are vital in ensuring compliance with these regulations by regularly checking a website’s accessibility.

    To learn more about laws regarding web accessibility, check out our article, “Navigating Digital Accessibility Regulation in 2024.”

    2. Risk Management

    ADA compliance isn’t just a one-time task; it’s an ongoing commitment. Failing to meet accessibility standards can lead to legal risks such as lawsuits and fines. In 2023 alone, federal and state courts dealt with 4,605 lawsuits related to web accessibility, with over 25% targeting companies previously sued for similar issues.

    Regularly monitoring your website helps mitigate these risks by identifying any violations promptly.

    3. Spotting Barriers Early

    Monitoring services can detect accessibility barriers caused by updates, changes in code, or new content. Addressing these issues early in development can help save time and resources.

    4. Documentation

    These services also document a website’s accessibility level, which is crucial for tracking improvements and proving compliance with standards.

    Analyzing this data helps teams identify recurring issues and patterns, enabling strategic planning to enhance accessibility through regular maintenance and updates.

    5. Enhancing User Experience

    Accessibility isn’t just about following rules; it’s about providing a better experience for all users. Accessible websites are easier to use, leading to higher user satisfaction and retention. Monitoring services enable you to identify usability issues and enhance the overall user experience.

    6. Cost-Effective Development

    Dealing with accessibility issues early in development is more cost-effective than making changes later. Regular monitoring helps catch problems before they escalate, reducing the resources needed for fixes and potential legal fees.

    What to Look for in a Monitoring Service

    Choosing the right web accessibility monitoring service is crucial to ensure your website is usable by everyone, including those with disabilities. Here are key factors to consider:

    1. Accessibility Standards: Check if the service follows recognized standards like the Web Content Accessibility Guidelines (WCAG), covering levels A, AA, or AAA.
    2. Type of Monitoring: Look for a service offering automated and manual testing
    3. Scalability: Check if the service can handle large or multiple websites. It should handle the scale of your site and provide accurate results.
    4. Integration: Select a service that seamlessly integrates with your existing workflows, including your Content Management System (CMS) or development environment.
    5. Reporting: Opt for a service that offers detailed reports for tracking progress.
    6. Training and Resources: Look for resources such as training materials to help your team understand and implement accessibility improvements.
    7. Cost: Evaluate pricing based on factors such as the number of pages, frequency of scans, and additional features.

    Before deciding, try out a few services to find the best fit for your needs. 

    216digital’s a11y.Radar ADA Monitoring

    Ensuring your website remains accessible is an ongoing task, but it needn’t be daunting. With 216digital‘s a11y.Radar ADA monitoring service, you’re equipped with the tools and insights needed to maintain an ADA-compliant website that welcomes all users.

     a11y.Radar is an automated recurring ADA web compliance auditing platform.a11y.Radar ADA monitoring service reports on your ongoing accessibility efforts, whether conducted by your internal digital teams or an outside web agency. Access enhanced dashboards and receive updates to content, code, and user experience that could pose potential blocks to users or threaten your accessibility standards. In addition, our seamless interface allows your team members to view current issues and manage pending adjustments.

    a11y.Radars Key Features include:

    • Dynamic Dashboard Display
    • Compliance Scans
    • Detailed Issues Reports
    • Issues Over Time
    • Manual Testing Reports
    • Email Alerts
    • Current Web Compliance Status

    Schedule a complimentary ADA strategy briefing to speak with one of our accessibility experts about a11y.Radar ADA Monitoring today. 

    Greg McNeil

    June 27, 2024
    Web Accessibility Monitoring
    Accessibility, Accessibility monitoring, ADA, ADA Compliance, web accessibility monitoring, Website Accessibility, Website Accessibility Tools
  • New ADA Title II Guidelines: What You Need to Know

    New ADA Title II Guidelines: What You Need to Know

    For years, digital accessibility advocates and state and local governments have grappled with the lack of clear guidelines regarding web accessibility under the Americans with Disabilities Act (ADA). Thankfully, that’s about to change. On April 8, the U.S. Attorney General signed a new rule under ADA Title II, setting clear web accessibility standards for state and local governments. This means their services, programs, and activities must now be accessible to people with disabilities. In this post, we’ll walk you through these updates, explain their implications, and show you how to stay compliant.

    What is ADA Title II?

    The ADA is a landmark civil rights law passed in 1990. It prohibits discrimination against people with disabilities in all public areas. Title II specifically addresses the obligations of public entities, such as state and local governments, to provide equal access to their programs, services, and activities. This includes services, programs, and activities offered online and through mobile apps.

    What Are the New Regulations Under Title II?

    In a significant move towards inclusivity, the new regulations under ADA Title II require all U.S. state and local government websites and mobile apps to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 AA. Created by the World Wide Web Consortium (W3C), these guidelines are the gold standard for making digital content accessible to individuals with disabilities.

    Following these standards ensures everyone can access essential services like paying taxes, viewing public records, and participating in community events.

    Who is Affected by This New Rule?

    The new ADA Title II rule on accessibility casts a wide net, impacting various entities:

    • State and Local Governments: All branches, departments, and agencies, such as city councils, health departments, police departments, and fire departments.
    • Special Districts: Districts focused on specific public functions or services, like water distribution, public transportation, and park management.
    • Contractors and Third Parties: Companies contracted by state or local governments to provide public services.

    Content Created by Third-party Contractors and Software Vendors

    To comply with the new rule, governments must ensure that all their websites and mobile apps are accessible, including any digital content from third-party vendors or agencies. The rule states that any online content a public entity shares with users must meet accessibility standards, regardless of whether it comes directly from a public entity or a third-party organization under contract.

    For example, suppose a city hires a third-party app to handle parking payments. In that case, that app must meet the WCAG 2.1 AA accessibility guidelines.

    When Will the New Rule Take Effect?

    The final rule took effect in June 2024, 60 days after being published in the Federal Register. Public entities now have two to three years to ensure their websites and mobile apps meet WCAG 2.1 AA standards, depending on their size:

    • Public entities with a population of 50,000 or more: Must comply within two years (by April 24, 2026).
    • Public entities with a population of less than 50,000 and all special district governments: Have three years to comply (by April 24, 2027).

    After these deadlines, state and local governments must maintain WCAG 2.1 Level AA standards for their digital content.

    Why Were These Regulations Made Now?

    Many state and local governments now offer most of their services, programs, and activities online and through mobile apps. This shift has increased the risk of people with disabilities facing barriers when trying to access essential services or participate in civic activities.

    As a result, many organizations sought guidance from the federal government on what ADA compliance looks like for digital content. The Department of Justice‘s (DOJ) new rule provides that clarity by outlining specific technical standards for measuring compliance.

    Associate Attorney General Vanita Gupta emphasized this commitment, saying: “We will use all our tools, including enforcement, to ensure people with disabilities have equal access to online services.”

    How Will the DOJ Enforce Compliance with ADA Title II?

    The new rule will use existing methods for enforcement, including:

    • Self-evaluation and Reporting: Organizations need to regularly check their websites and mobile apps to ensure they meet ADA standards and report their findings to federal agencies.
    • Technical Assistance and Guidance: The DOJ and other agencies provide resources to help organizations understand and follow the ADA Title II guidelines.
    • Public Complaints: Anyone affected by barriers on state or local government websites can file a complaint directly with the DOJ.
    • DOJ Audits and Reviews: The DOJ periodically audits public entities’ websites and mobile apps to find issues that haven’t been reported through complaints.

    What Are the Penalties for Non-compliance?

    Government entities that don’t follow the new regulations could face legal trouble, fines, and orders to fix their websites. If an entity fails to meet the standards on time, several things could happen:

    • Mediation and Resolution: Usually, the first step is mediation to help the entity understand the issues and find ways to fix them.
    • Penalties and Fines: In severe cases or if problems persist, penalties can be imposed to motivate quick action.
    • Mandated Corrective Actions: Entities might have to make specific changes, like redesigning their websites or updating mobile apps.
    • Legal Action: If an entity continues to ignore the rules, the DOJ may take legal action.

    State and local governments must take these regulations seriously and prioritize accessibility.

    How State and Local Governments Can Achieve Compliance

    To comply with ADA Title II, state and local governments must follow WCAG 2.1 Level AA standards. If you’re a government leader or a business working with public entities, here are some steps to ensure compliance:

    1. Conduct an Audit: Start with a thorough web accessibility audit to identify any barriers to user access.
    2. Make a Plan: After identifying the barriers, create a plan to address them, focusing first on the most critical issues.
    3. Use Clear Communication: Use simple and clear language. Provide alternatives like text transcripts for videos and audio content.
    4. Integrate Assistive Technologies: Regularly test your websites or apps with tools like screen readers to ensure they support various accessibility features.
    5. Train Your Staff: Educate your team on best practices for web accessibility to ensure future accessibility.
    6. Set Up Monitoring: Establish ongoing digital accessibility policies and regularly update your platforms based on user feedback, especially from users with disabilities.
    7. Partner with Experts: Seek support from accessibility experts to ensure you meet ADA requirements.
    8. Stay Updated: Keep up with WCAG standards and make necessary updates to your websites and apps.

    Could These Updates Impact Private Businesses Eventually?

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

    Since the mid-1990s, the DOJ has included company websites, e-commerce platforms, and other digital experiences in defining public accommodations. Many U.S. courts have supported this view, ruling in favor of individuals who claim a company’s website is not accessible to people with disabilities.

    However, any proposed rule changes will likely depend on various factors, including the outcome of the next federal election.

    216digital is Here to Help

    The new ADA Title II regulations are a significant step toward making digital spaces accessible for everyone, ensuring that state and local governments provide equal access to their services online. But navigating these changes can be challenging. That’s where 216digital comes in!

    As leading experts in web accessibility, 216digital has the tools, knowledge, and experience to make your online space both compliant and welcoming for all. Our team will work with you to create a strategy that integrates WCAG 2.1 compliance into your development roadmap on your terms. Let us help you make your website compliant and welcoming for all users so you can focus on what you do best—serving your community!

    Don’t wait. Schedule a complimentary ADA strategy briefing today to ensure your digital presence is accessible to everyone.

    Greg McNeil

    June 13, 2024
    Legal Compliance
    Accessibility, ADA, ADA Compliance, ADA Title II, ADA Web Accessibility, ADA Website Compliance
  • Navigating Digital Accessibility Regulation in 2024

    Navigating Digital Accessibility Regulation in 2024

    Significant changes in digital accessibility legislation took place in 2023 that will significantly affect how businesses operate online in 2024. Accessibility has become a central focus in the United States Department of Justice, state legislatures, and even in Europe. These changes will have implications for businesses going forward, and it is essential for them to remain informed, assess their current status, and comply with the latest regulations. 

    To help you stay updated on these developments, we have created this blog post to assist you in keeping track of everything in the digital accessibility space.

    ADA Digital Accessibility at the Federal Level in the US

    In August 2023, the Department of Justice shared a Notice of Proposed Rulemaking (NPRM) about digital accessibility that’s been getting a lot of attention. This NPRM proposes a specific technical standard that state and local governments must follow to meet their existing obligations under Title II of the ADA.

    Key points from the NPRM proposals include:

    WCAG 2.1 AA

    The proposal suggests using WCAG Version 2.1, Level AA, as the rules for making websites and mobile apps easier to navigate. WCAG stands for Web Content Accessibility Guidelines, and it was created to help make the Internet more accessible for everyone.

    Websites and Mobile Apps

    These rules would apply to the websites and mobile apps that state and local governments use to share information or provide services to the public. For instance, if a local government lets people pay for parking using a mobile app, that app would need to follow these rules to make sure it’s easy for everyone to use.

    Compliance Timeline

    The DOJ also suggests that state and local governments follow these technical standards within two or three years after the final rule is published, depending on their population size. Smaller public entities, with populations under 50,000 people, would have three years to comply. In contrast, larger ones, with populations of 50,000 or more, would have two years to meet the standard.

    Additional details are available in the NPRM‘s “Requirements by Entity Size” section.

    State-led Legislation for Digital Accessibility 

    While federal regulations set a baseline, several states are proactively addressing digital accessibility within their own jurisdictions. Let’s look at some notable examples:

    California Assembly Bill 1757

    California has introduced Assembly Bill 1757. This bill aims to make it illegal for any provider of online resources to create, license, distribute, or maintain an internet website for public use that does not meet the accessibility standards outlined in the [WCAG 2.1 Level AA]. 

    If this bill becomes law, it may have an impact on business activities within the state, as well as have personal consequences for individual web developers. Developers may find themselves facing lawsuits from both businesses and individuals with disabilities. The recent changes to the bill eliminate the possibility of developers claiming ignorance, as the responsibility threshold has shifted from “knowingly or intentionally to include “negligently” engaged in constructing an inaccessible website. Furthermore, the updated wording prevents developers from shifting liability to the companies that hired them. 

    AB 1757 is currently under consideration by the Senate Judiciary Committee, and there is heightened attention on whether it will progress into law. All eyes are on this legislation, anticipating its potential implications.

    Rhode Island Bills 2023 H-5106 and S-0105

    Senators Ujifusa and Representative Vella-Wilkinson are focused on the DOJ’s NPRM proposal. They’ve put forward two bills in Rhode Island: 2023 H-5106 (PDF) and 2023 S-0105 (PDF). These bills aim to make sure that all new websites available to the public follow the ADA’s digital accessibility rules before they go live. On the other hand, existing public websites have until July 1, 2028, to meet WCAG 2.1 AA standards.

    The Minnesota House Bill HF-480

    Minnesota has proposed Bill HF-480, aiming to allocate funds to the Minnesota Council on Disabilities. The goal is to offer training, aid, and assistance to cities and counties, helping them meet the required standards for website accessibility. Additionally, the bill proposes an annual report detailing the figures related to website accessibility training, technical support, and outreach. It also includes estimates of the costs involved in implementing recommended changes to the websites of cities and counties.

    Rhode Island’s Digital Accessibility and Equity Governance Board

    Governor Healey of Massachusetts is following in the footsteps of Rhode Island and Minnesota by taking a proactive stance on digital accessibility. She recently signed an Executive Order creating the Digital Accessibility and Equity Governance Board. The board’s goal is to make sure that all digital applications are fully functional and accessible to everyone.

    The board will establish and maintain standards, guidelines, and policies for digital accessibility and equity. It will also collaborate with other executive branch offices and agencies to develop procurement policies, contractual standards, and other relevant documents that support digital accessibility efforts.

    Hawaii’s HB1419 Bill

    On January 1, 2023, Hawaii’s Bill HF-480 brought in the “Hawaii Electronic Information Technology Disability Access Standards” to make digital content more accessible. As of July 1, 2023, all state organizations must check these access standards and update their rules, policies, and procedures for getting and creating digital content.

    Kansas Takes a Different Approach

    While some states are becoming stricter about digital accessibility, Kansas is making headlines with a unique law. As of July 1, 2023, The Act Against Abusive Website Access Litigation allows local businesses to take legal action against individuals and their lawyers who file lawsuits about website accessibility under the ADA. 

    The purpose is to counter what is considered “abusive” litigation and seek compensation for defense costs and even punitive damages. Lawsuits can be filed in any jurisdiction. However, this Kansas law will only be in effect until the Department of Justice issues regulations on website accessibility under Title III of the ADA.

    The European Accessibility Act

    Looking beyond the US, the European Accessibility Act (EAA) is set to bring about substantial changes. With a looming deadline of June 28, 2025, the act aims to improve the accessibility of products and services. This includes public and private websites and mobile applications, including US-based companies selling to the EU sector. 

    Before the EAA, different accessibility rules existed throughout EU member states, making it difficult for digital product vendors and purchasers. The EAA has standardized accessibility requirements, making it easier for everyone involved. 

    But suppose you are an online business selling to the EU sector. In that case, it is crucial to make sure that your practices comply with the European Accessibility Act before the deadline arrives.

    Implications for Online Businesses

    Staying informed about digital accessibility legislation is essential for online businesses aiming to foster inclusivity and avoid legal challenges. The 2023 announcements at both federal and state levels in the US and the impending deadline in the EU underscore the global importance of ADA compliance. 

    Businesses should closely monitor updates, assess their current digital accessibility status, and take steps to align with the latest regulations. By doing so, they not only mitigate legal risks but also contribute to a more accessible and inclusive online environment.

    Preparing for the Future with 216digital

    Regardless of where you are on your journey, we’re here to help. At 216digital, we can assist you in developing a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms. Our expert team will assess your website, provide recommendations, and implement the necessary adjustments to make sure your website meets the latest accessibility standards.
    Contact us today to schedule a complementary ADA Strategy Briefing so that you can confidently embrace the future of digital accessibility.

    Greg McNeil

    February 27, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, digital accessibility, Website Accessibility
  • Why Accessibility Overlays Might Make You a Target

    Why Accessibility Overlays Might Make You a Target

    For many website owners, ensuring their site is accessible to everyone, especially those with disabilities, is a priority. This makes sense, not only from an ethical standpoint but also from a legal one. Web accessibility has become a hot topic, with the Americans with Disabilities Act (ADA) taking action against websites that fail to provide equal access. One solution that has garnered attention is the use of overlay widgets. However, if you’re considering using overlay widgets to meet these demands, pause! This may not be the solution you think it is.

    In this post, we will explore the pitfalls of relying on such solutions and why they may not be the best choice for safeguarding your online business.

    What is an Overlay Widget?

    In simple terms, an overlay refers to tools or technologies that incorporate third-party code, typically JavaScript, into a webpage to enhance accessibility. Over recent years, these overlays have surged in popularity and are now featured on numerous websites across the internet. Among the many available, UserWay and accessiBe stand out as the top contenders on the market.

    For a monthly charge, these tools claim to offer complete ADA and WCAG compliance, shielding them from litigation and an improved user experience for people with disabilities, all by adding just a single line of code to a website. 

    On the surface, it sounds ideal for website owners wanting a quick solution. But the truth is more complex.

    What Do Accessibility Overlays Claim to Offer? 

    These overlay companies often promise three key concepts to consumers:

    1. Your website will be fully accessible 
    2. Their technology will automate fixes, removing the need for web accessibility experts.
    3. Their products will protect you from accessibility lawsuits.

    Does it sound too good to be true? It is. While overlays might seem like a cost-effective solution for web accessibility, they might leave hopeful business owners with a target on their backs.

    Accessibility Experts Voicing Concern

    Experts in web accessibility have expressed skepticism about the effectiveness of accessibility overlays. Many experts argue that these tools may create a false sense of compliance and fail to address the root causes of accessibility issues.

    Around 800 experts in accessibility have promised not to support, suggest, or use overlays that pretend to comply with laws or standards automatically. Karl Groves, an industry expert with over 20 years of experience, has put together a detailed fact sheet and statement from these experts, and it’s available on overlayfactsheet.com as a helpful online resource.

    But why are these experts opposing overlays? First, we have to talk about ADA Compliance.

    What is ADA Compliance?

    While using an overlay may help meet some rules in accessibility standards, it cannot ensure

    Conformance means meeting or satisfying the requirements of the web accessibility standards. According to Web Content Accessibility Guidelines (WCAG), the ‘requirements’ for web accessibility are called Success Criteria. To conform to WCAG’s guidelines, you must meet or satisfy all the Success Criteria.

    Since conforming to a standard involves meeting all its requirements, products that claim to bring a website into compliance but cannot fix all issues should be approached with caution.

    Why Overlays Are Not Fully Accessible

    Here’s a simplified analogy: Imagine a pothole in the road. Instead of fixing it properly, someone places cardboard over it. It might look covered, but it’s still there, and it’s just a matter of time before someone falls through.

    Similarly, while overlay widgets might give the appearance of an accessible website, they often merely cover up underlying issues. The worst part? Sometimes, they introduce new problems.

    The Limitations of Accessibility Overlays

    While overlays may provide some surface-level improvements, they often fail to address the comprehensive requirements for ADA compliance. Automated fixes can be incomplete or inaccurate, leaving certain accessibility issues unaddressed and potentially leading to legal consequences.

    Here’s why:

    • Partial Fixes: While overlays can assist in certain areas, like making text bigger for those with vision problems, they don’t treat the root problems in the website’s code, leaving site owners vulnerable to ADA lawsuits.
    • Inconsistency: Overlay performance can be unpredictable across different devices and browsers, particularly on mobile.
    • False Assurance: Sole reliance on overlays can be deceptive. They detect only about 30% of accessibility barriers. The intricate WCAG guidelines mean that overlays can only handle some necessary adjustments. A hands-on review is needed to find the remaining 70% of issues.
    • User Experience: Some overlay tools give users an overwhelming number of choices, making things more perplexing or even creating new hurdles for disabled users.
    • Conflicts with Assistive Tools: Many people with disabilities use specific tools to navigate the web. Overlays can disrupt these tools, making the website even less accessible. 

    To learn more about how overlay widgets fail to make a website compliant, check out our blog post, Why AI & Overlay Widgets Fail ADA Website Compliance.

    Overlays Don’t Protect Against Web Accessibility Lawsuits

    Many website owners opt for overlay widgets, believing they will shield them from potential lawsuits. However, this couldn’t be farther from the truth. Some advocates argue that these overlays can create a false impression of compliance, attracting attention from individuals keen on holding non-compliant websites accountable or with a desire for a quick payout.

    At the 2021 Digital Accessibility Legal Summit, Jeremy Horelick, Jason Taylor, and Richard Hunt discussed overlays being marketed as one-step software solutions for website accessibility. The answer was a clear no when asked if overlays reduce the risk of litigation expenses.

    “They absolutely do not. And there are two reasons why this is true. The first reason is simply because they don’t actually fix websites. […]

    The other reason is because the law firms, not all the law firms, but many of the law firms that are in this area do not care whether the website is really accessible or not. Their desire is to find something that they can identify as an error, usually by measuring it against WCAG, and if they can find that error, they can file a lawsuit in good faith. Remembering that their goal is to settle the lawsuit as soon as possible.”

    Accessibility Overlays Can Make You A Target

    Using an overlay widget is like announcing, “I’m trying to be compliant.” But when that compliance is only surface-deep, it can make you an easy target for litigation.

    So you might wonder, “Why would an overlay make me a target?” Here’s a deep dive into the mechanics:

    Lawsuit Mechanics

    Lawsuits related to web accessibility often rely on demonstrating that a website remains non-compliant despite attempts to rectify it. Scanning tools most plaintiff firms use won’t reliably pick up the solutions provided by widgets and overlays. While suggesting an effort to comply, overlay widgets often fall short of genuine accessibility. As such, your site will “scan” in exactly the same way and not at all change the initial filter most plaintiff firms use to determine who to go after. This discrepancy provides an avenue for legal action.

    Lawsuit Claims

    Most lawsuits nowadays don’t primarily address WCAG compliance concerns. They cite issues of functional use—things that impact a person with a disability’s ability to use a site. However, overlays won’t affect those claims and will often worsen the functionality. Many claims pinpoint overlay widgets’ inconsistent and ineffective nature, emphasizing that they don’t provide a uniform solution for every user.

    Public Record Evidence

    Implementing a widget or overlay on your website highlights potential shortcomings in your approach to accessibility. This public display could be referenced in future legal proceedings as evidence of your organization’s consistent lack of attention to accessibility. In the context of the ADA, this could be seen as a failure to adapt policies, practices, and procedures to ensure accessibility.

    2023 Overlay Litigation Wave

    In 2023, we saw 933 websites become targets for ADA non-compliant lawsuits because they relied solely on overlay widgets. This marked a notable 62% increase from the previous year. The legal actions brought against these companies often point fingers at the features and functions of these widgets, claiming they contribute to accessibility issues, along with the common failures outlined in WCAG.

    Attorney Richard Hunt, who specializes in digital ADA cases at Hunt Huey PLLC, was among the first to focus on such legal matters. In a post titled “Is there a silver bullet for ADA website accessibility? Sorry, but the answer is no,” he emphasized that using an accessibility overlay or widget won’t protect businesses from ADA lawsuits. 

    Hunt stated, “If your business wants to avoid getting sued under the ADA because of an inaccessible website an accessibility overlay or widget isn’t going to help you. I can say this with some certainty because in the last two weeks alone five lawsuits have been filed against businesses that use an accessibility widget or overlay on their websites.”

    Privacy Concerns

    Besides potential legal problems tied to web accessibility, privacy concerns have surfaced. Overlays that automatically activate certain features, such as those for screen reader or speech recognition users, do this by detecting when an assistive technology is in use on the device. This reveals that the person using the device at that time has a disability. In some instances, it even exposes more personal information, like age, ethnic background, or preferred gender. Collecting such data should only happen with the informed consent of the person to whom it belongs.

    Privacy Concerns and Legal Consequences

    Some overlays keep users’ settings consistent across different websites that use the same overlay. This is achieved by placing a cookie on the user’s computer. When the user activates a setting for a specific overlay feature on one site, the overlay will automatically activate that feature on other sites. 

    Although the overlay company may believe they are benefiting the end user, the major privacy issue is that the user never agreed to be tracked, and there’s no way to opt out. Because there’s no opt-out option (except for explicitly turning off that setting), this poses a risk under the General Data Protection Regulation (GDPR) and  California Consumer Privacy Act (CCPA) for the overlay customer.

    What Actions Should Website Owners Take?

    For website owners, the lesson is clear. While overlay widgets might seem like an easy fix for web accessibility, they’re anything but. Not only do they fail to address the root accessibility issues, but they also paint a target on your back for potential litigation.

    If you’re a website owner considering using overlay widgets, tread cautiously. Instead of looking for shortcuts, invest in a comprehensive web accessibility evaluation and manual review from the experts at 216digital to ensure that all accessibility barriers are identified and addressed correctly. 

    It is crucial to recognize the limitations of AI and use it in conjunction with other accessibility tools, such as regularly testing and evaluating accessibility compliance through automated and manual audits. By adopting a multi-faceted approach to accessibility, you can minimize the risk of legal action and make sure that digital content is accessible to all users. 

    Team Up with 216digital

    After years of analyzing ADA lawsuits, we’ve discerned the tactics used by law firms to pinpoint websites for groundless ADA claims and how to protect businesses against them. Our team of accessibility experts can also develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms to save you from potential legal headaches in the future.

    Remember, web accessibility is not just about legal compliance but about creating an inclusive web for all. So don’t wait any longer—find out where you stand by scheduling a complementary ADA Strategy Briefing today.

    Greg McNeil

    February 27, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Web Accessibility, ADA Website Compliance, Ai and Overlay Widgets, Overlay widgets, Website Accessibility, Website Accessibility Tools
  • Web Accessibility: The Wayfair Example

    Web Accessibility: The Wayfair Example

    Wayfair, one of the internet’s leading home goods and furniture retailers, was hit with another class action lawsuit in June. The lawsuit alleged that the company’s website was not accessible to legally blind customers.

    In this legal action, Seana Cromitie, a visually impaired woman, claimed that she encountered accessibility issues while attempting to purchase a shoe rack from Wayfair’s website. These issues, she argued, denied her the same level of access to Wayfair’s online products, content, and services as sighted customers.

    Cromitie’s lawsuit is part of a growing wave of web accessibility litigation filed under the Americans with Disabilities Act (ADA). But what can business owners learn from Wayfair’s recent allegations and the dangers of ignoring web accessibility?

    Below, we’ll discuss the plaintiff’s claims, providing tips for avoiding and responding to ADA demands. 

    The Americans with Disabilities Act

    The Americans with Disabilities Act (ADA) is a civil law designed to protect the rights of people with disabilities in all areas of public life. While it doesn’t specifically mention websites, the courts have made it clear that the ADA applies to websites, whether they’re owned by government agencies or private businesses.

    In July 2023, the Department of Justice (DOJ) suggested a new rule to ensure that online services provided by state and local governments become more accessible under Title II of the ADA. Although Title III, pertaining to privately owned businesses, has yet to see changes, the DOJ published guidance in 2022 confirming its position that the ADA does apply to websites, stating:

    “…the Department has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”– US Department of Justice | Guidance on Web Accessibility and the ADA (2022)

    – US Department of Justice | Guidance on Web Accessibility and the ADA (2022)

    Failure to do so can result in legal action, as Wayfair’s recent case demonstrates. But what are the legal standards for ADA compliance?

    For an in-depth look at the proposed changes to Title II of the ADA, check out our article “The ADA’s New Shift Towards Web Accessibility”

    Title III and WCAG

    Due to the DOJ’s delay in releasing technical standards for web accessibility, confusion has emerged among businesses and website owners about what is required for ADA compliance. 

    As a result, the DOJ often refers to the Web Content Accessibility Guidelines (WCAG) as the standard for ADA web compliance. The DOJ has even joined lawsuits against businesses and organizations that have failed to meet the WCAG standards.

    However, Title III of the ADA has no legal standard for web accessibility— even achieving WCAG 2.1 AA conformance does not fully protect you from lawsuits. 

    So, how can businesses close the door to potential litigation? Let’s take another look at Wayfair’s June court case.

    Background to the Wayfair’s 2023 ADA Case

    The plaintiff, Seana Cromitie, asserts that Wayfair’s website falls under the definition of a public accommodation in Title III of the ADA. Therefore, it is considered discriminatory and illegal to deny people with disabilities access to the same products and services offered to others.

    The 2023 court case centers on issues that made Wayfair’s website challenging for screen reader users. Screen readers are essential tools for users with visual impairments, as they provide an auditory interpretation of the website’s content. However, Wayfair’s website lacked the necessary features to accommodate these users.

    Wayfair’s Web Accessibility Barriers

    The class action complaint cites several specific issues with Wayfair’s website. These key issues include:

    • Missing alternative text (or alt text): Alt text is vital for users to understand what an image looks like and its function on a website. Wayfair’s website had numerous images without meaningful alt-text, making them incomprehensible to visually impaired visitors.
    • Incorrectly Formatted Lists: Screen readers rely on well-structured lists for proper navigation. When the lists aren’t correctly formatted, the screen readers might read items in the wrong order or convey the list incorrectly, making it challenging for users to understand the content and move around the site.
    • Unannounced Pop-ups: Pop-up windows on the website without proper announcements caused confusion for screen reader users, hindering their navigation and comprehension.
    • Broken and “empty” hyperlinks: Broken links can disrupt the user’s experience by not explaining where the link or image will lead. This can frustrate users and make accessing various parts of the website challenging.
    • Missing Keyboard Navigations:  Requiring a mouse for specific actions creates barriers for people with motor impairments or those who rely on keyboards or other assistive tools.

    Unfortunately, these barriers are widespread, leaving millions of businesses unknowingly open to frivolous lawsuits. 

    Common Web Accessibility Barriers

    In their annual analysis of the top 1 million website home pages, WebAIM (Web Accessibility In Mind) found that 96.3% of home pages had detectable failures of WCAG. 

    According to their finding, many of the same barriers cited in Wayfair’s case appear in their top WCAG 2 failures, including 58.2% of homepages missing alt text for images, while 50.1% had empty links. However, both of these barriers can take seconds to remove. 

    Suppose businesses recognize their mistakes early and make immediate changes. In that case, the cost to correct these barriers won’t accumulate or cost as much later. Remediating thousands of issues on an e-commerce website will require a substantial investment while building for accessibility will cost much less over time.

    No Business is Too Small

    While Wayfair is a major retailer, small businesses are also covered by Title III of the ADA. They are responsible for providing web content that works for all users, regardless of their abilities. 

    In fact, smaller companies with revenues under $25 million have been frequent targets. They accounted for 77% of ADA non-compliance cases in the first half of 2023, and many plaintiffs allege the same issues cited in the Wayfair class action case. 

    So, what steps can your website take to ensure ADA compliance?

    A Step Towards Web Accessibility

    Making sure your website is web-accessible is not only a legal requirement but also a moral and business imperative. This may involve working with web accessibility experts to conduct an audit and any necessary changes.

    Here are some steps you can take to improve your web accessibility:

    1. Conduct a web accessibility audit: Conduct a comprehensive web accessibility audit to identify all web accessibility barriers.
    2. Make a plan:  Familiarize yourself with WCAG’s guidelines and work to meet or exceed their standards. Address the issues identified in the audit, prioritizing the most critical issues first.
    3. Consider a dedicated accessibility team: Partner with an accessibility team to oversee ongoing web accessibility efforts and ensure compliance with ADA requirements.
    4. Train and Education: Educate staff on WCAG best practices and how to maintain accessibility standards moving forward.
    5. Regular Monitoring: Continuously monitor your website for accessibility issues and address them promptly.
    6. Stay up-to-date: Stay informed about ADA web accessibility requirements and update websites and apps as needed.

    Start Your Journey to ADA Compliance

    The recent lawsuit against Wayfair is a stark reminder of the importance of web accessibility under the Americans with Disabilities Act (ADA). It’s not just a legal requirement; it’s a moral and business imperative—no matter the size of your business, accessibility matters. The case of Wayfair demonstrates the very real risks of ignoring web accessibility and the potential for costly legal action.

    Whether you want to protect against a frivolous ADA accessibility lawsuit or become WCAG 2.1 AA compliant, 216digital has you covered. After years of analyzing ADA lawsuits, we’ve discerned the tactics used by law firms to pinpoint websites for groundless ADA claims and how to protect businesses against them. Our team of accessibility experts can also develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms. 

    Don’t wait for a lawsuit to push you into action. Schedule a Complimentary ADA Strategy Briefing with 216digital to take the first step towards website accessibility.

    Greg McNeil

    October 26, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
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