ADA Compliance Archives - Page 10 of 11/Tag

What’s the Difference Between Usability and Accessibility?
Imagine surfing the internet and being unable to read the text due to size. Or not being able to enjoy video content because it has low volume and lacks closed captions. That’s where web usability and accessibility come into play. These two concepts might seem the same at first, but usable content isn’t always accessible. So, what exactly do these terms mean, and how do they affect your online experience?

In this post, we’ll explore the differences between web usability and accessibility and how they work together to create an optimal user experience. Let’s look at each concept in more detail.

Understanding Usability

Website usability helps us understand the user’s needs. It applies a user-centric design process to make sure that websites are efficient, easy to use, and satisfy users. In other words, a website should be easy to navigate, have a clear layout, and include a responsive design.

For example, a website with excellent usability will make it simple for users to find information, complete tasks, and engage with the site’s content.

Some key principles of web usability include:
- Ease of learning: How easily can users accomplish basic tasks when encountering a website for the first time?
- Efficiency: Once users have learned the workings of a website, how quickly can they perform tasks?
- Recognition: When previous users return to a website, how easily can they remember what and how to do something?
- Errors: How often do users make errors, and how easily can they recover from them?
- Satisfaction: How pleasant is the website in terms of design and layout?
While usability is based on user experience, it doesn’t focus on users with disabilities. Web accessibility, on the other hand, does.

What is Web Accessibility?

Web accessibility is the practice of making websites usable by people with disabilities. It aims to remove barriers preventing these users from accessing, navigating, and interacting with the content. Allowing them to perceive, understand, navigate, and interact with websites and tools equally.

Some key principles of web accessibility include:
- Providing all non-text content (images, form fields, video, audio, etc.) with a text alternative that serves the equivalent purpose
- Making sure everything on the website can be done through keyboard navigation
- Using webpage titles that describe each page’s topic or purpose.
- Ensure the site’s navigational elements are consistent and predictable across every page.
- Allowing users with visual impairments to adjust the text size and contrast on a website.
Web Accessibility is a Part of Usability

While web accessibility focuses on ensuring that people with disabilities can use websites, web usability is about making a website easy to use for everyone. Although these concepts have different goals, they do share some similarities. For instance, both require clear navigation, readable text, and a logical structure.

However, it’s important to remember that a usable site and an accessible site are not always the same, and vice versa. For example, a website can be usable if it works well for everyone. Still, it could be inaccessible if it creates barriers for those with disabilities. On the other hand, a website can be accessible but not usable if it is designed for people with disabilities but lacks user-friendly features.

The goal is to create a website or tool that is both web accessible and usable, benefiting the widest range of users possible.

Web Accessible Design

There are guidelines and techniques for web accessibility. The Web Content Accessibility Guidelines (WCAG) is a set of recommendations created by the World Wide Web Consortium (W3C) to ensure web accessibility. These guidelines are organized under four main principles: perceivable, operable, understandable, and robust (POUR).

However, designers, developers, and business owners often only approach web accessibility as a checklist of standards to meet. As a result, the user’s interaction is often lost, and accessibility is not achieved.

Only by combining the accessibility standards and usability process can we make sure a website is technically and functionally usable by people with disabilities. This process is often referred to as usable accessibility or accessible user experience.

Testing for Web Accessibility and Usability

Testing is an essential step in making sure that your website is accessible and usable. For web accessibility, you can use automated testing tools like Lighthouse, WAVE, and Firefox Inspector. Automated audits scan your website for accessibility barriers, such as missing alt text, improper header structures, and broken links. These tools provide quick insights into potential problems, such as missing alt text, improper heading structures, and broken links. However, automated testing is not enough.

For web usability, it’s helpful to conduct a manual audit. Manual reviews are more thorough, providing a more accurate assessment of how people with disabilities experience and engage your website. A web accessibility expert assesses your website using tools and human judgment. This includes screen readers, keyboard navigation, and magnifiers.

Web Accessibility and Usability

Web accessibility and web usability are two different yet interconnected concepts that help create a better online experience for all users. By understanding and implementing both, you can create a website that is inclusive, user-friendly, and compliant with accessibility standards.

As you become aware of the importance of web accessibility and its impact on your users, it is important to know you are not alone. 216digital is here to help regardless of where you are in your web accessibility journey. Schedule a complementary ADA Strategy Briefing today to find out how we can help.
Greg McNeil

April 10, 2023

WCAG Compliance

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
What You Need to Know About ADA Web Accessibility Lawsuits
In today’s digital age, having an accessible website is more important than ever. The Americans with Disabilities Act (ADA) requires businesses to provide equal access to goods and services, including online content. Failure to comply with these regulations can impact your brand and result in costly lawsuits.

Whether you’re just at the beginning of the research process and trying to determine your exposure to an ADA lawsuit, responding to a recently received demand letter, or actively defending yourself against an ADA web accessibility lawsuit, you will need to know what you’re up against. In this post, we’ll explore what ADA compliance means, examine some high-profile lawsuits, and provide tips on protecting your website from ADA compliance lawsuits.

What is ADA Compliance?

When talking about ADA website compliance lawsuits, it’s important to understand that the ADA isn’t just any kind of law. It’s a civil rights law to ensure fairness and equality for all Americans. By prohibiting discrimination based on disability across five distinct parts of modern American life:
- Employment
- Government
- Places of public accommodation
- Telephones
- Other U.S. laws and regulations
The ADA is a “strict liability” law because it violates a person’s civil rights, inflicting inherent harm. Strict liability means that damage is possible without fault, and there is no defense against violations. In other words, you can’t say you didn’t know which requirements to follow or did not intend to cause any harm.

Losing an ADA accessibility lawsuit can be costly and result in an order to comply with the law and make your website compliant.

How Does ADA Compliance Relate to Websites?

Website accessibility enables individuals with disabilities to access and navigate websites using assistive technologies, such as screen readers or keyboard-only navigation. However, websites with barriers can limit the ability to access information and services online.

While the ADA does not explicitly mention digital content, the courts have interpreted the law to also apply to websites — specifically, Title III. Title III prohibits discrimination in places of public accommodation, including businesses and organizations that are open to the public. In 2010, the Department of Justice (DOJ) issued that websites are considered public places subject to the ADA’s requirements.

In recent years, a number of lawsuits have been filed against businesses and organizations failing to make their websites accessible. Unfortunately, these lawsuits can result in high financial costs, negative publicity, and reputational damage.

Examples of ADA Web Accessibility Lawsuits

ADA website compliance lawsuits can drag on for years, draining your time and resources. To give you an idea of what can happen, we will look at three notable ADA website accessibility lawsuits.

ADA Website Lawsuit #1: Netflix

In 2012, the National Association of the Deaf (NAD) filed a lawsuit against Netflix for denying equal access to deaf and hard-of-hearing individuals in the United States. The underlying lawsuit claimed that Netflix violated the Title III of the ADA by failing to provide closed captioning for “Watch Instantly” content streamed on its website.

The consent decree compelled Netflix to provide closed captioning to their online content within two years, along with all future content. In addition, Netflix had to pay $755,000 in legal costs and $40,000 to the National Association of the Deaf for monitoring.

ADA Website Lawsuit #2: H&R Block

Just one year later, in 2013, the DOJ joined the National Federation of the Blind, Mika Pyyhkala, and Lindsay Yazzolino in a suit against tax services firm H&R Block.

The suit required H&R Block to conform to WCAG 2.0 level-AA standards for their website and mobile app. The other terms of the agreement were:
- Provisions for designating a full-time website accessibility coordinator.
- Providing annual accessibility training to employees.
- Retaining an independent consultant.
H&R Block was also required to pay $22,500 to both Pyyhkala and Yazzolino, as well as a $55,000 civil penalty.

ADA Website Lawsuit #3: Domino’s Pizza

In 2016, Guillermo Robles claimed that Domino’s Pizza violated Title III of the ADA because their website and mobile app were not accessible to screen readers. A district court dismissed the initial case, but Robles appealed to the Ninth Circuit Court of Appeals, which came to a much different conclusion. The court opined the ADA does apply to websites and that Domino’s “had received fair notice” that its digital content must conform to the ADA.

In October 2019, the U.S. Supreme Court denied Domino’s petition to overrule the Ninth Circuit Court’s opinion. In fact, in June 2021, California federal court found that Domino’s had violated both Title III of the ADA and California’s Unruh Act, showing they still did not have an accessible website or mobile app for ordering. In the settlement summary, Robles was entitled to a mere $4,000 in statutory damages and Domino’s was required to bring its website into compliance with WCAG 2.0 guidelines.

How to Protect Your Site Against ADA Website Compliance Lawsuits

To limit your legal risk, you should endeavor to adhere to the Web Content Accessibility Guidelines (WCAG) 2.1 AA. WCAG is a set of internationally shared guidelines necessary for improving web accessibility. These guidelines are put together by the W3C (World Wide Web Consortium), athe defacto source for ensuring your website is accessible to all users.

To protect your website from ADA website compliance lawsuits, here are a few ideas of what the criteria require:
- Add alternative text descriptions for all non-text content (images, form fields, video, audio, etc.)
- Do not rely on only color as a visual means of conveying information, indicating an action, or prompting a response.
- Make sure everything on the site can interact through a keyboard interface.
- Navigational elements on the website are consistent and predictable across each page.
Team up with 216digital for ADA Web Compliance

ADA website compliance is no longer optional; it’s a legal requirement. If you need clarification on whether your site complies with the ADA’s WCAG 2.1 level-AA criteria, reach out to 216digital for a complementary ADA Strategy Briefing. We can help determine if your website is at risk of a lawsuit and offer fast and effective ADA compliance solutions that ensure your site is accessible to everyone and reduce your risk of litigation — letting you focus on what you do best.
Greg McNeil

April 10, 2023

Legal Compliance

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
What is Color Contrast and How Does it Affect Your Web Accessibility?
Color can be a tricky subject for an online business. It’s not just about how they look or your brand. Your color choices, and the relationships between them, can impact the user’s experience. For example, suppose your website’s colors don’t have enough contrast. As a result, portions of your site may be hard to read and navigate for people with visual impairments. So, what is color contrast, and how does it affect web accessibility?

What is Color Contrast?

Color contrast refers to the difference in brightness between two colors. When two colors have high contrast, they are easy to distinguish. On the other hand, when two colors have low contrast, they can be hard to tell apart.

Contrast is measured by a ratio, a numerical value ranging from 1:1 (no contrast) to 21:1 (maximum contrast). For example, white(#FFFFFF) and black(#000000) have the highest possible contrast ratio of 21:1. In contrast, white(#FFFFFF) and pure green(#00FF00) have a ratio of just 1.4:1.

When two colors overlap, such as text on a background, the benefits of a high contrast ratio become clear. For instance, reading black text on a white background is much easier than reading pure green text on a white background.

Why Does Color Contrast Matter for Web Accessibility?

For many people with visual impairments, color contrast can decide the readability and perception of content on a website. Unfortunately, many types of visual impairment can make reading text with low color contrast difficult.

For example, low contrast can cause problems for those who are color-blind. If two colors have the same brightness level, they can be almost impossible to tell apart. Similarly, users with low vision may require a high contrast to make the text more readable.

Therefore, if your website does not prioritize color contrast, you will risk cutting off a large portion of users from your online services or products.

Color Contrast and Web Accessibility

The Americans with Disabilities Act (ADA) is a civil rights law prohibiting discrimination against individuals with disabilities. The law requires reasonable accommodations to ensure that people with disabilities have the same opportunities as everyone else.

However, the ADA is not explicit about the criteria for the web or how to implement web accessibility. Instead, the courts and the Department of Justice (DOJ) rely on the Web Content Accessibility Guidelines (WCAG) as the international standard for web accessibility.

Under the ADA, WCAG is almost universally cited in lawsuits and settlements, showing that WCAG is essential to ADA compliance.

WCAG 2.1 Contrast Ratio

The Web Content Accessibility Guidelines (WCAG) 2.1 provides guidelines for color contrast that all websites should follow, including font size, weight, and color contrast.

Contrast Minimum

According to WCAG Success Criterion 1.4.3: Contrast (Minimum), the visual presentation of text and images of text must have at least a contrast ratio of 4.5:1.

However, there are three exceptions to the WCAG’s 4.5:1 contrast requirement:
- Large Text: Since large text is easier to read, the contrast requirement is reduced to 3:1. However, WCAG defines large text as 18pt or 14pt bold and larger.
- Incidental: Text or images of text that are part of a user interface component, pure decoration, not visible, or part of an image containing other significant content have no contrast requirement.
- Logotypes: Logos or brand names with text do not have contrast requirements.
Resize Text

On the other hand, WCAG Success Criterion 1.4.4: Resize Text requires that text can be resized up to 200% without assistive technology or loss of content and functionality. However, there is an exception for captions and images of text.

Images do not scale as well as text because they tend to pixelate. Therefore WCAG highly suggests using text wherever possible. It is also tricky to change foreground and background contrast or the colors of an image, which are necessary for some users.

Color Contrast and Litigation

WCAG’s 1.4.3 and 1.4.4 must be met to achieve real-world accessibility. However, there is some flexibility and nuance regarding these guidelines in litigation.

Generally speaking, color contrast does not tend to appear in ADA web accessibility lawsuits. Color-blind and low-vision users can use assistive technology to enhance contrast.

Since these tools are available, and most business owners are averse to altering their brand’s colors, we focus on barriers that assistive technology cannot resolve. We do not recommend making edits surrounding color contrast to fulfill the requirements of a non-compliance lawsuit. That said, working color contrast best practices into your design workflows is always encouraged.

However, WCAG 1.4.4 does appear in complaints and creates a bona fide access barrier if violated. All websites must be able to be zoomed to 200% while leaving a significant operable region of the page.

How Can I Make My Website More Accessible?

Plenty of design considerations go into website accessibility — from the layout of content to the use of images, typography, and even color.

However, your choice of color is one of the first things people notice about your brand. And if you implement it wrong, it can impact the user experience for all visitors — not just those with visual impairments. By following the WCAG 2.1 guidelines and considering factors like font size and weight, you can create a website accessible to everyone.

Are you ready to make sure your website is accessible? Then, schedule an ADA Strategy Briefing with the web accessibility experts at 216digital.
Greg McNeil

March 14, 2023

Legal Compliance

ADA Compliance, ADA Website Compliance, Website Accessibility
Debunking Common Web Accessibility Myths

“Web accessibility is too expensive.“

“There’s no real business value to making my website accessible.“

These are just a few of the concerns we hear when talking to organizations about web accessibility for the first time. And while it’s easy enough to poke holes in each one, it’s worth mentioning these myths are one of the many reasons digital accessibility lags so far behind.

To better understand why online businesses are slow to build accessible experiences, let’s debunk some of these myths and explain why web accessibility is essential for your business.

Common Myths in Website Accessibility

Common misconceptions about web accessibility have impacted the way organizations approach any accessibility initiative — particularly when it comes to time, cost, and compliance. Here’s what we learned.

Myth: There Are No Benefits to an Accessible Website

Why is digital accessibility so important? We can all agree that delivering an equal browsing experience to every user is the right thing to do. However, there are other benefits, like improved search engine optimization (SEO).

Many of the same principles for good SEO overlap with web accessibility best practices. Companies spend tens of thousands of dollars every year to improve their searchability. Search engines rank websites based on the content and user experience.By working on one, we enhance the other. After all, a better user experience for your visitors also offers a better understanding to search crawlers.

Myth: Web Accessibility Only Affects Those Who Are Blind or Have Low Vision

Most believe visual impairments are the most prominent disability an inaccessible website can impact. However, web accessibility can benefit several impairments, including hearing, cognitive, and motor. In fact, mobility and cognitive impairments affect a higher percentage of the population than visual.

That means digital accessibility is essential for people who cannot move their limbs and require a switch device. Similarly, people with dyslexia need the option to change fonts or line spacing.

The bottom line is an accessible website benefits users of all abilities. And your website’s design doesn’t have to suffer in the process.

Myth: Web Accessibility Means Redesigning My Entire Website

Most online business owners believe that providing an accessible online experience means starting from scratch — redesigning and developing the entire site. That, without exception, sounds both time-consuming and expensive. While we agree that it’s ideal to design an accessible website from the first line of code, it’s not feasible for the millions of existing sites.

However, it is often possible to make a website accessible by making minor adjustments, such as adding alternative text to images, adding focus outlines on interactive elements, and ensuring that videos have closed captions. These changes can significantly improve the website’s accessibility without requiring a complete redesign.

Myth: Using Automated Tools On My Site is All I Need to Make It Accessible

Automation is a powerful tool that is getting better all the time. But automation alone cannot identify and fix every accessibility error. In fact, automated scans can only detect 30% of barriers for users with disabilities. The limited scope of even the most advanced automation will leave many compliance issues unresolved and your company at risk.

That’s not to say automated tools are not a great starting point. However, it’s essential to think of them as a tool in a more extensive toolkit, including regular monitoring, manual testing, and reporting.

At 216digital, we believe in a hybrid approach. That combines the speed of automation with the precision of manual auditing to achieve and maintain an accessible website.

For more information about automated tools and ADA web compliance, check out the article, Are Web Accessibility Testing Tools Enough to Ensure Compliance.

Myth: Screen overlays can make my website compliant and protect me from an ADA lawsuit

Screen overlay products, also known as accessibility widgets or plugins, can help make a website more accessible to users with disabilities. Still, they do not guarantee that a website will fully comply with the Americans with Disabilities Act (ADA) or other accessibility guidelines.

These products typically provide a range of accessibility features, such as increasing text size, changing the background color, and providing alternative text descriptions for images. However, they do not address all of the accessibility issues that a website may have. For example, they may not address issues related to the structure and organization of content, or the use of appropriate headings and labels.

Additionally, these products do not address the issue of accessibility for users who are using assistive technologies such as screen readers. These technologies rely on the underlying code of the website, and a screen overlay does not address these barriers.

While these products can be a helpful tool for improving accessibility, they should not be considered a substitute for a comprehensive accessibility audit and remediation process to mitigate ADA lawsuit risk. Approximately 600 companies with an accessibility widget installed on their websites were hit with ADA accessibility lawsuits in 2022.

Myth: Web Accessibility Litigation is Frivolous and Invalid

Shockingly, most online companies believe accessibility lawsuits have no merit. Yet huge brand-named companies, such as Domino’s, have also been targeted with frivolous ADA lawsuits.

But huge name brands aren’t the only ones. Thousands of small and mid-size businesses face legal action. If you think your business is small enough to fly under the radar and avoid litigation, you’re wrong. Many mom-and-pop restaurants and small stores have recently fought and lost website accessibility lawsuits.

Failure to provide an accessible website can result in legal action and potentially significant financial penalties. Therefore, it’s crucial to take web accessibility seriously and ensure your website is accessible to everyone.

Fact: Web Accessibility is Smart Business

You’re not alone if you’ve fallen victim to believing some of these common myths and misconceptions. In ethical terms, individuals of all abilities deserve the right to barrier-free web use. And as we’ve seen, there are strong legal incentives for ensuring that your website is as accessible as possible. But you can take action.

216digital has made it easier to achieve website accessibility compliance without breaking your budget, taking all of your time, or completely redesigning your website. We can help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms.

To learn more about how the ADA experts at 216digital can help build an ADA WCAG 2.1 compliance strategy to achieve ongoing, real-world accessibility on your terms, schedule an ADA Strategy Briefing.

Greg McNeil

March 14, 2023

Legal Compliance, Testing & Remediation, WCAG Compliance

ADA Compliance, ADA Website Compliance, Website Accessibility
Retail is the Prime Target for ADA Web Accessibility Lawsuits
Today, almost everyone is shopping online. Consumers expect the ability to browse, compare and shop from any device rapidly. However, as more consumers shift to online shopping, retailers face increasing legal challenges for failing to meet minimum standards for ADA web accessibility.

The Americans with Disabilities Act (ADA) requires that all public-facing digital content be accessible to people with disabilities. Failure to comply with the ADA web accessibility guidelines can result in legal action, settlement costs, and reputational damage. In this article, we’ll explore why retail is the number one industry targeted by ADA web accessibility lawsuits and what you can do to protect your online business.

What is Web Accessibility for Retail

Web Accessibility is about creating an inclusive experience for all customers with barrier-free access to your online store. Websites must allow customers with visual, auditory, physical, and cognitive disabilities to access information, make purchases, and interact with your online business.

However, customers with disabilities can have vastly different experiences on a website based on their disability and the assistive technologies used. For example, customers with mild-to-moderate vision may rely on their browser’s built-in zoom function. In contrast, customers with more severe visual impairments require a screen reader to access information, browse your products, and shop. But how does web accessibility affect retail business owners?

Key Insights Retailers Need to Know

In recent years, there has been a sharp increase in lawsuits related to website accessibility, and retailers have been among the hardest hit. In 2022, there were more than 4,000 web accessibility lawsuits filed in Federal and California State Court under the Unruh Act. However, the retail industry was the number one industry targeted by ADA web accessibility lawsuits, accounting for almost 77%.

In fact, 391 of the Internet Retailer Top 500 list received an ADA-based web accessibility lawsuit within the last five years. Likewise, 72% of cases filed in 2022 were against companies with less than 50 million annual revenue. For large and small eCommerce companies, web accessibility is critical as consumers and plaintiffs become more aware of their rights under the ADA and seek legal recourse.

For more information on recent ADA web accessibility filings, check out Accessibility.com’s Digital Accessibility Lawsuits Database.

Why Are Retailers Vulnerable?

With the rise of e-commerce, online retailers face increasing web accessibility lawsuits. But why? Are retail sites less accessible than other industries?

Large Online Presence

Online retailers are everywhere! With more and more eCommerce websites created daily, there are 24 billion estimated globally. Undoubtedly, the retail industry has the most prominent digital presence, making them easy to find and visit.

As a result, e-commerce stores can quickly become victims of frivolous ADA-based lawsuits. Plaintiffs can quickly surf the web, engage with products or information, and determine whether a company prioritizes web accessibility.

Complex Websites Can Be Difficult to Make Accessible

It can be challenging for retail sites to reach and maintain the international standards for web accessibility, Web Content Accessibility Guidelines (WCAG). E-commerce stores are notoriously complex, with many pages, dynamic content, and intricate navigation. Making such websites accessible to individuals with disabilities can be a daunting task. In addition, it can present financial and logistical challenges, especially in a constantly evolving industry.

Many online retailers may not have the resources to hire web developers with expertise in ADA compliance or keep up with the constantly evolving standards and guidelines for web accessibility, increasing their vulnerability to litigation.

A Constantly Changing Industry

Online retailers frequently update their content to inform customers about new products, services, promotional sales, and resources. However, these changes can also make it more challenging to ensure the website remains accessible. Unfortunately, creating an accessibility barrier for disabled users is almost too easy.

Retailers must stay vigilant and up-to-date with web accessibility standards and guidelines. Failure to do so can leave retailers vulnerable to an ADA web accessibility lawsuit. Plaintiffs can easily find web accessibility barriers, document them, and file an ADA lawsuit, frequently creating a vicious cycle.

Easy to Test for ADA Web Accessibility

Most retail websites have the same or similar accessibility barriers. This can make it relatively easy for plaintiffs to test websites using automated tools and target many websites simultaneously. Automated tools can quickly scan a website and identify potential accessibility barriers based on the WCAG 2.1 guidelines, such as missing alt text, improper header structures, and broken links.

This means plaintiffs can quickly and easily identify accessibility issues and file ADA web accessibility lawsuits against retailers in minutes. In contrast, website owners are left spending thousands on settlement costs and website remediation. Retailers must take the necessary steps to ensure ADA web accessibility compliance to minimize the risk of litigation.

Existing Department of Justice Settlements

The US Department of Justice has settled several high-profile ADA web accessibility lawsuits with retailers, including Winn-Dixie and Walmart. These settlements have resulted in significant financial penalties and required these retailers to take extensive measures to make their websites more accessible.

As a result, these settlements have set a precedent for other plaintiffs now targeting retailers with similar accessibility issues. They can directly reference past DOJ actions within their case. Retailers must be aware of these settlements and ensure their website is accessible to all customers.

Quick Settlements

Plaintiffs’ attorneys often target online retailers for ADA web accessibility lawsuits because they are settled quickly and relatively easily. This is because online retailers usually prefer to pay out of court rather than go to trial, as they can avoid additional costs and negative publicity associated with a lengthy legal battle. As a result, plaintiffs’ attorneys can often secure quick settlements, making it a lucrative and attractive option to target online retailers.

How to Protect Your Online Business

It is essential to ensure that your website and online applications comply with ADA web accessibility standards to mitigate the chance of a lawsuit. This may involve working with web accessibility experts to conduct an audit and any necessary changes.

To protect against ADA web accessibility lawsuits, retail companies should take several steps:
1. Conduct a web accessibility audit: Conduct a comprehensive web accessibility audit to identify all web accessibility barriers.
2. Make a plan: Address the issues identified in the audit, prioritizing the most critical issues first.
3. Train staff: Educate staff on web accessibility best practices and how to maintain accessibility standards moving forward.
4. Use accessibility tools: Use accessibility tools, such as web accessibility monitoring services, to test websites and apps for accessibility.
5. Consider a dedicated accessibility team: Partner with an accessibility team to oversee ongoing web accessibility efforts and ensure compliance with ADA requirements.
6. Stay up-to-date: Stay informed about ADA web accessibility requirements, and update websites and apps as needed.
Get Proactive about ADA Web Accessibility

Everyone, especially those in the online retail industry, should be proactive about ADA web accessibility. By taking proactive steps to ensure the accessibility of your website, you can mitigate legal challenges and provide easy access to all customers.

Through our years of experience in the trenches analyzing and studying these cases, we can determine how ADA non-compliance lawsuit firms identify their targets and how to protect your business. At 216digital, we will develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms so that you can focus on the other tasks on your to-do list. So don’t wait any longer; find out where you stand by scheduling a complementary ADA Strategy Briefing today.
Greg McNeil

February 28, 2023

Legal Compliance

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
Web Accessibility and Search Engine Optimization: a Powerful Combination
On-page search engine optimization (SEO) and web accessibility are two crucial components of a successful website. But what many people don’t realize is that web accessibility and SEO have a lot more in common than you might think. Both aim to make websites more usable and understandable, whether for human users or search engines. By making your web pages accessible to everyone, you’re also boosting your chances of being found on search engines. Below, we will examine how web accessibility and SEO work hand in hand when it comes to:
1. Meaningful Page Titles

A page title is a short, concise name of a web page. It appears in the HTML code as a <title> tag and is usually visible at the top of the user’s browser bar. Page titles help improve web accessibility and SEO by determining the content of a page.

How Do Meaningful Page Titles Help Web Accessibility?

Web accessibility requires page titles that provide a brief and accurate description of the page’s content. For example, Success Criterion 2.4.2 of the Web Content Accessibility Guidelines (WCAG) 2.1 says that users should be able to quickly understand the page’s purpose without reading the content.

The title tag should be concise and should be at most 60 characters. Short and snappy page titles provide a better user experience, especially for users with a screen reader that hear content. The title should also be unique to each page on a website, and it should be relevant to the content. Good page titles help users identify content quickly and reliably.

How Does a Meaningful Title Tag Help SEO?

A page’s <title> tag is a clickable link displayed on a search engine’s results page. The information gathered from a page’s title determines its relevance to a user’s search query and placement within their search results. After all, web accessibility and SEO are about getting relevant content to users.

For example, suppose you were to use the search query “web accessibility” and “SEO.” In that case, the results will include titles with the exact terms included. If your <title> matches the content of your page, it is more likely to be found in search engine results and keep users engaged.

2. Headings

Headings, or <h> tags, give structure and hierarchy to the content on a web page. They appear more prominent than other text through font size or weight, making scanning and navigating the page more accessible for users.

How Do Headings Help Web Accessibility?

UHeadings help users navigate and understand the content quickly. They are typically formatted using HTML code, ranging from the main title, <h1>, to <h6> subheadings within the content. Each heading level serves a specific purpose in organizing the content. According to the Web Content Accessibility Guidelines (WCAG) Success Criterion 1.3.1, it is essential to use headings in a logical and sequential order. Starting with the <h1> heading and using subsequent headings in order, like so:
- <h1>Main heading</h1>
- <h2>Section heading</h2>
- <h3>Subsection heading</h3>
- <h4>Sub-subsection heading</h4>
By formatting the heading correctly, individuals with disabilities can navigate content logically and meaningfully.

How Do Headings Help SEO?

In addition to accessibility, headings are also critical for SEO, as they help search engines understand the content of a page. Search engines use headers to determine the relevance to a person’s search based on the keywords used and the significance of the content to their search.

3. Lists

As you know, lists containing text, images, and multimedia content can be ordered or random. However, using lists on a website can make the content more organized and scannable, helping to improve the user’s experience. But what you might not realize is that for the benefits of web accessibility and SEO.

How Do Lists Help Web Accessibility?

Lists can be a valuable tool for web accessibility because they help users navigate content logically and efficiently. For example, sight users will recognize lists with indentations or icons such as bullets or numbers. However, lists must be appropriately marked up within the website’s code to stand out from other content.

List markups define a group of related items or information presented in a particular order. For instance, <ul> is used for unorganized lists, <ol> for ordered lists, and <dl> for definition lists. By defining and using list markups correctly, your website will meet several WCAG success criteria, including:
- Success Criterion 1.3.1: Information and Relationships – Lists help to organize information and create relationships between related items.
- Success Criterion 2.4.3: Focus Order – Lists help to create a logical reading order, which is essential for users who rely on keyboard navigation.
How Do Lists Help SEO?

Search engines crawl a website’s content using complex algorithms to determine the relevancy and quality of a user’s query. Using lists can highlight the content’s critical points and make it easier for the algorithm to identify them.

Moreover, lists can help users navigate content logically and efficiently, improving the user’s experience. When users have a positive experience on a website, they are more likely to stay longer, share the content, and come back. This can significantly increase the overall traffic and engagement on the website, improving its ranking on SERPs.

4. Descriptive links

Interlinking content is an integral part of our customer journey. Being descriptive in the text you use to link to a new page is helpful for the user’s experience. It’s also beneficial for web accessibility and SEO.

How Do Descriptive Links Help Web Accessibility?

Descriptive links are hyperlinks that help users understand the link’s destination or purpose before they click. Rather than using vague or generic terms like “click here” or “read more,” descriptive links provide context for users and search engines. A screen reader user might navigate through all the links on a page to find where they want to go. Being descriptive helps them find what they’re looking for more easily.

Descriptive links also help meet essential web accessibility guidelines. For instance, WCAG 2.4.4 requires a descriptive title to provide the link’s destination context. Additionally, WCAG 2.4.9 states a process or technique should be available to identify each link’s purpose from the link text alone.

How Do Descriptive Links Help SEO?

Descriptive text, or anchor text, as SEO professionals call it, helps search engines understand the content and purpose of a link. However, when links use generic or vague text, search engines cannot accurately categorize the page and rank it appropriately in search results.

Using descriptive links that include keywords related to the page’s content can help search engines understand the purpose and context of their pages—as a result, leading to higher search rankings and visibility.

5. Breadcrumbs

Breadcrumbs are a navigation aid that appears at the top of a page and shows a user’s path to the current page. The name “breadcrumbs” comes from the story of Hansel and Gretel, where the characters leave a trail of breadcrumbs to help them find their way back home. Similarly, website breadcrumbs help users navigate to the homepage or higher-level pages.

Breadcrumbs typically appear as a horizontal menu bar showing the user’s website location. For instance, a breadcrumb trail might look like this:

Home > Category > Subcategory > Product

How Do Breadcrumbs Help Web Accessibility?

Breadcrumbs provide clear and consistent navigation to help users find necessary information, as outlined in WCAG 2.4:8: Location. They help to improve the user experience for everyone. But are particularly helpful for people with disabilities.

For example, they help people with memory problems or low attention span from becoming confused as they flow through pages. They also help screen reader users go back through a set of grouped pages much quicker.

How Do Breadcrumbs Help SEO?

Breadcrumbs can also help with SEO by providing additional contextual information to search engines. For example, breadcrumbs help search engines understand the structure and hierarchy of a website, allowing them to index and rank pages.

When implementing breadcrumbs for SEO purposes, it’s important to use structured data to help search engines understand the breadcrumb structure. Structured data is a standardized format that allows search engines to understand the content and design of a website.

6. Alternative Text for Images

When most web developers or digital marketers think of the overlap between accessibility and SEO, alternative text is usually one of the first elements that come to mind. Alternative text or alt text is an HTML attribute value used to describe an image. It’s beneficial for users with visual impairments that rely on screen readers. Screen readers read the alternative text, describing the image to the user and providing context they might have missed otherwise.

How Does Alternative Text Help Web Accessibility?

Alternative text is crucial in web accessibility because it provides a non-sighted visitor with the same experiences as a sighted visitor. Therefore, it should be accurate, clear, and provide meaningful information.

All non-text content is required by WCAG 1.1.1, “Non-text Content,” to have a text alternative that serves the equivalent purpose. However, there are exceptions for non-text content that is pure decoration, only for visual formatting or is not present to users. In that case, alt text is not required. However, images need to be implemented in a way that assistive technologies can ignore.

How Does Alternative Text Help SEO?

Search engines recognize the information in alt attributes. While it’s not a significant ranking signal, it does contribute. After all, it adds more context to your page’s content, especially if you want the images on your website to appear high in Google Image searches.

Google’s Image Publishing Guidelines state, “alt text along with computer vision algorithms and the contents of the page to understand the subject matter of the image.” However, don’t feel tempted to stuff your keywords into alt text. This is bad practice for both accessibility and SEO.

7. Audio and Video Transcriptions

In the same way, alternative text for non-text content opens up visual content. Transcripts and captions do the same for audio and video content. They capture the spoken words, sounds, and other audio elements and transcribe them into text format. The text can make the content accessible to people who are deaf, hard of hearing, or prefer to read instead of listen.

How Do Audio and Video Transcriptions Help Web Accessibility?

Users who are deaf and hard of hearing rely on accurate video and audio transcriptions to access any non-visual content in video or audio format. By providing transcriptions, you can ensure that all visitors to your website can access and understand the content you present.

If you use audio or video content on your website, adding captions to the video or transcribing the content helps you meet these success criteria in WCAG 2.1, including:
How Do Audio and Video Transcriptions Help SEO?

Although search engines are getting smarter, they are not listening to your videos and indexing what’s said, so they rely on the surrounding text to understand the content. By providing accurate transcriptions, you provide search engines with a complete understanding of the content in your audio and video files, which can help boost your website’s SEO. When videos have engaging and exciting content, providing a transcription on the same page or within the video is critical.

In Summary

Despite being separate disciplines, many of the same practices we use in web accessibility also open the doors for search engines. By working on one, we enhance the other. After all, a better user experience for your visitors also offers a better understanding to search crawlers.

That being said, If you’d like to talk further about your web accessibility initiative, schedule a complimentary ADA Strategy Briefing today with the experts at 216digital. We will help you take the steps towards web accessibility on your terms by developing a strategy to integrate WCAG 2.1 compliance into your development roadmap as part of the development process.
Greg McNeil

February 28, 2023

SEO, The Benefits of Web Accessibility

ADA Compliance, Digital Marketing, SEO, Website Accessibility
ADA Web Compliance: The Key to Setting Up Your New Business for Success
As a new business owner, you want to set your company up for success from day one. You want to build a strong reputation, increase sales, and reach a broader audience. While there are many things to consider when opening up a new business, have you considered the importance of ADA web compliance in achieving these goals? Putting ADA web compliance at the top of your list is the key to setting up your new business for success.

What is ADA Web Compliance?

ADA, or the Americans with Disabilities Act, is a federal law that mandates the inclusion of all people, especially those with disabilities, in all areas of public life. That includes jobs, schools, transportation, and other places open to the general public, including websites. This means ensuring your website is accessible for everyone, regardless of their disability.

A website that is not accessible can prevent individuals with visual, auditory, physical, and cognitive disabilities from accessing information, making purchases, and interacting with your business. But does the Americans with Disabilities Act apply to small businesses?

ADA Web Compliance and Small Businesses

It might come as a surprise, but even small businesses are legally required to comply with the Americans with Disabilities Act. According to the ADA’s Title III, every business, regardless of size, has to be accessible to people with disabilities. This includes large corporations, right down to small businesses.

While ADA Title III does not specially mention accessibility for websites, there has been a change in mindset on what is considered a public place. The Department of Justice in 2018 stated that websites are considered a place of public accommodations, despite the ADA not including sites specifically.

Therefore, ADA Title III requires physical access, such as ramps to enter premises, and digital access, including video captions, alternative text for images, and ensuring websites support accessibility technology.

What is ADA Web Compliance?

ADA web compliance ensures that people with disabilities can independently browse a website’s products or services, understand written and visual content, and make purchases. People with different types of disabilities require various web accessibility accommodations to interact on the internet. For example:
- Visually impaired individuals need descriptive alternative tags on images to allow screen readers to describe them and provide context.
- Someone with a motor disability might use keyboard navigation instead of a mouse.
- Deaf individuals need captions or sign language interpretations alongside a video.
The Web Content Accessibility Guidelines (WCAG) have become the international standard for web accessibility. WCAG included specific checkpoints and recommendations based on a principle-based approach to ensure all users can share the same experience regardless of disability or assistive software. If you want to learn more about the different web accessibility guidelines, read our guide to the Web Content Accessibility Guidelines (WCAG).

Why ADA Web Compliance is Key for New Business

Web accessibility can be intimidating, but addressing it from the start is well worth the effort. Like many aspects of starting a new business, it can cost a lot of time and money to go back and correct your website rather than make it accessible in the first place. But how will ADA web accessibility help grow your new business?

To help emphasize why web accessibility should be a fundamental building block in developing your new small business, we have gathered a list of reasons to answer just that.

Improved SEO

It’s crucial to have your website optimized for accessibility to rank highly in search engine results. Search engines like Google are constantly working to improve the quality of results for their users. This includes prioritizing websites that are accessible to everyone and penalizing sites that are not. If your website is ADA-compliant, you can avoid lower search engine rankings and reduced visibility. By ensuring your website is ADA compliant, you’ll improve your SEO and chances of ranking higher in search results, increasing your visibility and driving more traffic to your site.

Better User Experience

ADA web compliance means everyone can access your site and engage with your brand, regardless of their abilities. This is crucial for retaining customers, building trust with your audience, and creating a positive user experience for everyone visiting your site. In addition, by making your site accessible, you’ll create a more inclusive environment that will make your brand stand out and leave a lasting impression.

Increased Sales and Conversions

A website that is easy to use and accessible to all visitors is more likely to generate sales and conversions. By providing a more accessible experience, you’ll increase the likelihood of visitors to your site becoming loyal customers and making purchases. Additionally, an ADA-compliant website is more likely to generate positive reviews and recommendations, which can drive even more sales.

Reaching a broader audience

ADA web compliance means your site will be accessible to everyone, including those with disabilities. By making your site accessible, you’ll be able to reach a wider audience and provide a more inclusive user experience for all users. This will give your brand a competitive edge and help you reach new customers who may not have been able to engage with your brand before.

Building a Positive Public Reputation

Being ADA-compliant shows that your business is socially responsible and cares about the needs of all customers. By demonstrating your commitment to accessibility, you’ll be showcasing your brand’s values and creating a positive image in the minds of consumers. This can build a reputation to make your brand stand out and help you grow your business.

Risk Mitigation

ADA web compliance is a legal requirement, and non-compliant websites can face significant fines and legal action. By making your site accessible, you’ll mitigate your risk and avoid the potential consequences of non-compliance. This will give you peace of mind and ensure that you can focus on growing your business without worrying about the potential risks of non-compliance.

ADA Compliance is the Key to Success for New Businesses

ADA web compliance is crucial for setting up your new business for success. With improved SEO, a better user experience for all customers, increased sales and conversions, reaching a broader audience, building a positive public reputation, and risk mitigation, investing in ADA compliance is essential in building a successful and sustainable business. However, it is imperative not to leave it till the end when setting up a new business or website.

Fortunately, with 216digital web accessibility experts, you don’t have to. Instead, we will help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms so that you can focus on the other tasks on your to-do list. So don’t wait any longer; make your website accessible today and start reaping the benefits by scheduling a complementary ADA Strategy Briefing today.
Greg McNeil

February 14, 2023

The Benefits of Web Accessibility

ADA Compliance, ADA Website Compliance, Website Accessibility
Why AI & Overlay Widgets Fail ADA Website Compliance
As the digital world continues to evolve, many businesses are turning to Artificial Intelligence (AI) and overlay widgets to make their websites accessible. While these technologies are marketed as solutions to make websites ADA compliant, they often fail to deliver on that promise. In fact, they often make websites less accessible for those with disabilities.

What are AI and Overlay Widgets?

AI and overlay widgets work by modifying a website’s code with a snippet of JavaScript, usually in the form of a toolbar, plugin, app, or widget. However, while they claim to detect and correct web accessibility barriers dynamically, overlays do not fix the website’s source code. Instead, they can detect fundamental accessibility issues, such as color contrast and text size, to make modifications. While overlays might seem like a cheap and beneficial method for web accessibility, they do not fix the underlying code. Leaving website owners exposed to the risk of an ADA lawsuit.

Why Overlay Solutions Fail to Deliver True Web Accessibility

Many AI and overlay solutions are used as a band-aid to cover up fundamental web accessibility issues. Still, they do not resolve the critical accessibility issue. Relying on an AI or overlay tool as a long-term solution can open you to legal risk, and provide a false sense of security.

Web Accessibility Barriers Not Resolved with AI and Overlay Widgets

One of the biggest problems with AI and overlay widgets is that they do not address the inherent access barriers on websites. These technologies are designed to make websites more accessible for people with disabilities. However, they need to address the underlying issues that make websites inaccessible in the first place. Unfortunately, the WCAG guidelines are too complex for overlay tools to provide the robust modifications required.

So, what issues are ignored by AI and overlay widget tools?
- Multi-level navigation menus not navigable via keyboard
- Newsletter popups, flyout carts, and other modals do not trap or automatically receive focus
- Logical tab order violations
- Images, buttons, and form fields that have incorrect labels
- Buttons created using non-interactive HTML tags that cannot be operated via keyboard
While most of these issues are not visible to all users, these issues are significant barriers for users with disabilities. This means that while AI and overlay widgets may provide some level of accessibility, they often fail to make websites usable for those with disabilities.

Overlays Can Increase Accessibility Barriers

AI and overlay widgets can increase accessibility barriers. These technologies may add additional steps or layers to the user experience. Making it more difficult for people with disabilities to navigate and interact with websites. This can be especially problematic for people with cognitive disabilities, who may struggle with the added complexity of using AI and overlay widgets.

AI and Overlay Widgets Override Existing Assistive Technology Tools

Furthermore, AI and overlay widgets can affect users’ existing assistive technology tools. Making it difficult for people with disabilities to use the technology they already rely on to access websites, such as screen readers or voice recognition software.

Additionally, AI and overlay widgets may not be able to interact with these tools in a way that benefits all users. This can create a frustrating and inaccessible experience for those with disabilities, who may feel that the added technology is just another barrier to accessing information and services online.

Overlays Prevent an Inclusive Web Experience

By adding additional layers of technology to websites, these technologies can create a sense of exclusion for those with disabilities, who may feel that they are not part of the mainstream online experience. This can also lead to a lack of engagement and motivation to use websites and participate in online communities.

These barriers can lead to poor brand perception and potential loss of revenue. By using overlays, you are offering people with disabilities a different web experience with reduced functionality. This directly contradicts the goal of digital inclusion. Creating an inclusive web experience entails fixing accessibility issues to create one accessible, homogenous brand experience.

AI and Overlay Widgets Hinder Website Performance

AI and overlay widgets can slow website performance, making it more difficult for all users to access information quickly and efficiently. In addition, these technologies often rely on complex algorithms and software that can be resource-intensive. Resulting in longer screen loading times and making it difficult for users to access the website and its content. This can be especially problematic for people with mobility or motor disabilities. As they may have limited time to interact with websites and need quick and responsive access to information.

Overlays Solution Increase Legal Liability

Finally, AI and overlay widgets increase legal liability. AI and overlay widgets are automated technology utilizing complex algorithms and software. However, automated scans can only detect 30% of web accessibility errors. The remaining 70% of the issues are detected only through manual testing. While some overlay providers provide manual testing and remediation services, this often comes at a hefty cost for the website. The remediation is only applied to the overlay layer, exposing the underlying barriers.

If a website is not accessible to users with disabilities, it violates laws such as the Americans with Disabilities Act (ADA). Unfortunately, AI and overlay widgets cannot provide the level of accessibility required by these laws. Therefore, increasing the legal liability for website owners with accessibility overlays or widgets installed. In fact, there has been an upward trend of lawsuits filed against companies with accessibility overlays or widgets installed. With 400 lawsuits being filed in 2021 and 600 in 2022.

What Should Website Owners Do Instead of Using Overlays?

While AI and overlay widgets might seem like an easy solution to protect your website, you must adapt the WCAG 2.1 guidelines and best practices into an ongoing process.

As you make changes to your website, new accessibility issues can arise. So, it is essential to test your website often. And although AI and overlay widgets should be avoided, not all digital technology is bad. For example, automated testing is an efficient and reliable tool to regularly check your website for low-hanging barriers and stay on top of WCAG compliance. But, of course, even the best-automated accessibility solution will not be able to detect every problem. That is why manual testing by accessibility experts who know what to look for is required. Luckily, 216digital has ADA experts to provide risk mitigation, manual testing, ADA remediation, and ongoing monitoring services to help you achieve your accessibility goals and needs.

Conclusion

While AI and overlay widgets may seem like a good idea for web accessibility, they fail to deliver. These technologies can increase accessibility barriers, affect users’ existing assistive technology tools, prevent inclusive web experiences, slow website performance, and increase legal liability. Instead of relying on these technologies, businesses should focus on creating truly accessible and inclusive websites that meet the needs of all users, including those with disabilities.

The 216digital web accessibility experts are ready to help you through each step of your accessibility journey. Answering your questions and resolving each obstacle. From ADA Accessibility Lawsuit Risk Mitigation to expert ADA Remediation, we put you in a position of strength. We understand how websites get targeted for frivolous lawsuits and what to do to keep you off the radar of law firms that specialize in filing ADA lawsuits.

Become web accessible on your terms with 216digital by developing a strategy to integrate WCAG 2.1 compliance into your development roadmap as part of the development process. Learn more about how the ADA experts at 216digital can help achieve ongoing real-world accessibility on your terms by scheduling an ADA Strategy Briefing today.
Greg McNeil

February 14, 2023

Legal Compliance

Accessibility, ADA Compliance, ADA Website Compliance, Ai and Overlay Widgets, Website Accessibility, Website Accessibility Tools
Web Accessibility & the Disabled Access Tax Credit: Who Qualifies, and Key Stipulations
“Tax season” and “good news” don’t naturally go together. However, there is good news for small businesses that have already invested in web accessibility: the Disabled Access Credit. The Internal Revenue Service (IRS) offers a tax credit through form 8826 to help recoup some of the cost of making your website more accessible to individuals with disabilities. If you haven’t already made your website more accessible, these tax incentives might help put ADA compliance in your web development plans this year.

What is the Disabled Access Tax Credit?

The Disabled Access Tax Credit is a tax incentive providing small businesses with gross receipts of one million dollars and less or those that employ 30 or fewer full-time employees, that have made accessibility improvements to their website. This credit can help offset the costs of those modifications and provide financial relief to small businesses working to make their spaces accessible to everyone.

Unlike tax deductions that reduce taxable income or the tax owed, a tax credit gets subtracted from the tax owed. For example, the Disabled Access tax credit covers 50% of the eligible expenditures made during the previous tax year, with a maximum limit of $10,250.

Does the Disabled Access Tax Credit cover Web Accessibility?

Yes, the Disabled Access Tax Credit covers website accessibility as web accessibility is becoming increasingly important. The Department of Justice in 2018 stated that websites are considered a place of public accommodations, Therefore, the ADA covers websites and mandates accessibility in the digital space, allowing the Disabled Access tax credit to be applied to businesses that invest in owning and operating accessible sites.

Many accessibility practices or implementation types qualify as expenditures. Still, there are several accessibility elements when calculating your annual accessibility fee. These include web accessibility solutions or tools that optimize websites. Here are some key variables to consider in your annual accessibility fee:
- Website Modifications
- Page Format and Hierarchy
- Live Chat Services
- File and Media Fixes
- Consulting Service Fees
Eligibility for the Disabled Access Tax Credit

The Disabled Access Tax Credit is available to small businesses with a maximum of $1 million in annual revenue or fewer than 30 full-time employees. The development costs associated with the necessary changes to the website to make it more accessible with the standards outlined in the ADA such as the Web Content Accessibility Guidelines (WCAG) for websites to be eligible. This includes adding alternative text to images, providing video captions, and ensuring the website can be navigated using only a keyboard.

What are the Stipulations?

The good news is that the Disabled Access Tax Credit can be applied for and earned annually. However, you can’t carry expenditures over to claim a credit exceeding the prior year’s expenditure limit. But, if the credit amount exceeds the taxes you owe, you can roll the unused credit into the following year.

The Disabled Access Tax Credit covers the following accessibility and ADA-related expenditures:
- Web accessibility & optimization
- Language interpreters
- Adaptive equipment
- Printed materials
- Elimination of physical obstacles
- General consulting
Is It a One-Time Deal?

No, in fact you can get this credit any year ADA accessibility work is done on your website. This tax break is such a powerful incentive that many small businesses have adopted a policy of annual ADA accessibility website audit/ reviews.

How to Apply for the Disabled Access Tax Credit

There is no need to apply, simply complete the IRS Form 8826 and submit it with your yearly tax return. In addition, it must include information about the accessibility improvements made, the expenses incurred, and the credit calculation. You can find Form 8826 on the IRS government website, where you can further research the rules and stipulations regarding the Disabled Access Tax Credit. You can also read more on the IRS Tax Credits and Deductions page on the Americans with Disabilities Act website.

Don’t forget to consult with a tax professional before you send in your comprehensive return files. If your tax professional is unaware of the Disabled Access Tax Credit, tell them the form number (8826). They can quickly fill out the form and state the amount spent on accessibility efforts, speeding up the process and ensuring it’s correct!

Web Accessibility & the Disabled Access Tax Credit

The 8826 form can be a valuable tool for small businesses that engage ADA accessibility developers to work on their websites. The 8826 Disabled Access Tax credit has made it possible for many small businesses to make ADA remediation an ongoing process to ensure the website remains accessible to all users. By making sure your website is compliant and accessible, you can help ensure that your business is reaching the widest possible audience and staying in compliance with the law.

Suppose you are a small business owner looking to make your website more accessible and take advantage of the Disabled Access Tax Credit. In that case, we encourage you to reach out and schedule a 15-minute ADA Briefing with our web accessibility experts at 216digital.
Greg McNeil

February 14, 2023

Testing & Remediation, The Benefits of Web Accessibility

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
Are Web Accessibility Testing Tools Enough to Ensure Compliance
As the internet continues to grow and evolve, the importance of website accessibility becomes ever more crucial. A website’s accessibility is not just a matter of convenience but a matter of civil rights as well. This is why website accessibility checkers have become a popular tool for many web designers and developers. They help identify potential barriers that could make a site difficult for those with disabilities.

However, while website accessibility testing tools are a great starting point, they are not a comprehensive solution for ensuring website accessibility. Relying solely on website accessibility testing tools can be a dangerous mistake that could leave your website inaccessible to a significant portion of your target audience.

What Are Website Accessibility Testing Tools?

Automated website accessibility testing, such as Lighthouse, WAVE, and Firefox Inspector, automate the process of checking a website for accessibility barriers. These tools can quickly scan a website and identify potential accessibility barriers, such as missing alt text, improper header structures, and broken links. The results from these tools come in the form of a report. This can be used as a starting point to improve accessibility.

Do Website Accessibility Testing Tools Provide False Sense of Security?

Website accessibility testing tools are valuable in identifying potential barriers to accessibility. However, it’s important to note that website accessibility testing tools are not perfect.

Limited Detection of Web Accessibility Barriers

Automated testing tools are limited by the algorithms and data sets they use to identify accessibility issues. As a result, they can only detect what they are programmed to and might miss some critical accessibility barriers. For example, website accessibility testing tools cannot test for keyboard accessibility, essential for individuals who use assistive technology to navigate the web. In addition, automated testing tools can only detect about 30% of accessibility issues. The remaining 70% of barriers can only be detected through manual testing by a person.

This is why passing website scans can provide a false sense of security if a manual audit is not included as part of the accessibility review process. By incorporating a manual accessibility audit into your review, the pitfall of your website passing one or more automated accessibility checks but still be non-compliant and inaccessible can be avoided.

Inaccurate Results and False Positives

There’s another potential issue to remember when using automated web accessibility testing tools, inaccurate results or false positives. This occurs when an accessibility test identifies a barrier that does not exist, leading you to fix issues that are not necessary.

What are False Positives?

Automated accessibility tools analyze patterns within your website’s code and markup. Most tools compare your website’s code to the international standard for digital accessibility, Web Content Accessibility Guidelines (WCAG).

Some WCAG guidelines have simple pass-or-fail resets. For example, WCAG requires alternative text for non-text content, such as images. If an image does not contain an alt tag, that is considered a “fail.” However, other issues that require a deeper understanding of context are limited to AI tools, which result in false positives. For example:
- Some images, such as logos and dividers, are purely decorative and do not require alt text. However, they must be implemented in a way assistive technologies can ignore. WCAG Success Criterion (SC) 1.1.1, “Non-text Content,”
- Purely decorative text or low-contrast logotypes do not violate WCAG’s color contrast requirements. However, automated tools can not determine what text qualifies for these exceptions. WCAG 2.1 SC 1.4.3, “Contrast (Minimum)”
- Content that contains the WAI-ARIA aria-hidden attributes. While WAI-ARIA aria-hidden attributes are not also necessary, there are legitimate reasons to use aria-hidden to hide content from AT.
While this is not a comprehensive list, many WCAG criteria have exceptions for certain types of content. Unfortunately, the WCAG guidelines are to complex for automated tools to provide accurate feedback on all accessibility barriers. However, the purpose of accessibility is to accommodate real users, not AI tools.

Don’t Rely On Web Accessibility Testing Tools Alone

While web accessibility testing tools are beneficial, they should not be relied on alone. Instead, automated tests need to be combined with a manual review from a web accessibility expert to remove all accessibility barriers.

Manual Audits

Manual audits are more thorough and time-consuming, but they provide a more accurate assessment of website accessibility. A manual review involves evaluating a website by using a combination of tools and human judgment. It consists of testing a website using various assistive technologies. This includes screen readers, keyboard navigation, and magnifiers, to simulate the experience of individuals with disabilities. Manual testing can help to identify the remaining 70% of barriers that automated testing tools cannot find, such as poor alt tags, confusing navigation, and inaccessible forms.

A manual review can also ensure that website accessibility guidelines are being met. For example, the WCAG guidelines state that websites must be perceivable, operable, understandable, and robust. A manual review can ensure these guidelines are met by evaluating the website’s content, structure, and functionality.

In Conclusion

Website accessibility testing tools and manual review are crucial for ensuring web compliance. While website accessibility testing tools help identify potential accessibility issues, a comprehensive manual review is necessary for full accessibility. In addition, manual reviews can identify barriers that automated testing tools cannot and ensure that website accessibility guidelines are met.

In conclusion, ensuring a website is accessible to everyone is not only a matter of convenience but also a matter of civil rights. A combination of website accessibility testing tools and manual review can help to ensure that websites are accessible and compliant with WCAG guidelines.

For guidance with your accessibility initiative, schedule an ADA Strategy Briefing today to connect with a web accessibility expert at 216digital.
Greg McNeil

February 13, 2023

Testing & Remediation

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility, Website Accessibility Tools

Understanding Usability

What is Web Accessibility?

Web Accessibility is a Part of Usability

Web Accessible Design

Testing for Web Accessibility and Usability

Web Accessibility and Usability

What is ADA Compliance?

How Does ADA Compliance Relate to Websites?

Examples of ADA Web Accessibility Lawsuits

ADA Website Lawsuit #1: Netflix

ADA Website Lawsuit #2: H&R Block

ADA Website Lawsuit #3: Domino’s Pizza

How to Protect Your Site Against ADA Website Compliance Lawsuits

Team up with 216digital for ADA Web Compliance

What is Color Contrast?

Why Does Color Contrast Matter for Web Accessibility?

Color Contrast and Web Accessibility

WCAG 2.1 Contrast Ratio

Contrast Minimum

Resize Text

Color Contrast and Litigation

How Can I Make My Website More Accessible?

Common Myths in Website Accessibility

Myth: There Are No Benefits to an Accessible Website

Myth: Web Accessibility Only Affects Those Who Are Blind or Have Low Vision

Myth: Web Accessibility Means Redesigning My Entire Website

Myth: Using Automated Tools On My Site is All I Need to Make It Accessible

Myth: Screen overlays can make my website compliant and protect me from an ADA lawsuit

Myth: Web Accessibility Litigation is Frivolous and Invalid

Fact: Web Accessibility is Smart Business

What is Web Accessibility for Retail

Key Insights Retailers Need to Know

Why Are Retailers Vulnerable?

Large Online Presence

Complex Websites Can Be Difficult to Make Accessible

A Constantly Changing Industry

Easy to Test for ADA Web Accessibility

Existing Department of Justice Settlements

Quick Settlements

How to Protect Your Online Business

Get Proactive about ADA Web Accessibility

1. Meaningful Page Titles

How Do Meaningful Page Titles Help Web Accessibility?

How Does a Meaningful Title Tag Help SEO?

2. Headings

How Do Headings Help Web Accessibility?

How Do Headings Help SEO?

3. Lists

How Do Lists Help Web Accessibility?

How Do Lists Help SEO?

4. Descriptive links

How Do Descriptive Links Help Web Accessibility?

How Do Descriptive Links Help SEO?

5. Breadcrumbs

How Do Breadcrumbs Help Web Accessibility?

How Do Breadcrumbs Help SEO?

6. Alternative Text for Images

How Does Alternative Text Help Web Accessibility?

How Does Alternative Text Help SEO?

7. Audio and Video Transcriptions

How Do Audio and Video Transcriptions Help Web Accessibility?

How Do Audio and Video Transcriptions Help SEO?

In Summary

What is ADA Web Compliance?

ADA Web Compliance and Small Businesses

What is ADA Web Compliance?

Why ADA Web Compliance is Key for New Business

Improved SEO

Better User Experience

Increased Sales and Conversions

Reaching a broader audience

Building a Positive Public Reputation

Risk Mitigation

ADA Compliance is the Key to Success for New Businesses

What are AI and Overlay Widgets?

Why Overlay Solutions Fail to Deliver True Web Accessibility

Web Accessibility Barriers Not Resolved with AI and Overlay Widgets

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

Overlays Can Increase Accessibility Barriers

AI and Overlay Widgets Override Existing Assistive Technology Tools