216digital.
Web Accessibility

ADA Risk Mitigation
Prevent and Respond to ADA Lawsuits

WCAG & Section 508
Conform with Local and International Requirements

a11y.Radar
Ongoing Monitoring and Maintenance

Consultation & Training

Is Your Website Vulnerable to Frivolous Lawsuits?
Get a Free Web Accessibility Audit to Learn Where You Stand
Find Out Today!

Web Design & Development

Marketing

PPC Management
Google & Social Media Ads

Professional SEO
Increase Organic Search Strength

Interested in Marketing?
Speak to an Expert about marketing opportunities for your brand to cultivate support and growth online.
Contact Us

About

Blog

Contact Us

  • Accessibility for All: Strategies for Every Step of Your Journey

    As 2025 begins, it brings a fresh chance to make the digital world more welcoming for everyone. Accessibility isn’t just about compliance—it’s about creating online spaces that feel inviting and easy to use for all. Whether you’re just starting out or looking to polish your existing efforts, there’s always room to grow. By focusing on small, steady improvements and putting user needs at the center, you can create something that truly works for everyone.

    Getting Started: Understanding the Basics

    Starting something new can feel overwhelming, but you’re not alone. Many organizations are just beginning their accessibility journey, and that’s okay. The first step is understanding why accessibility matters. After that, it’s all about taking simple, practical steps to meet the needs of people with disabilities.

    What is Digital Accessibility?

    Digital accessibility means making sure your website or app works for everyone, including people with disabilities. These include visual, hearing, cognitive, or mobility challenges. By focusing on accessibility, you’re not only helping people who rely on assistive technology like screen readers or voice commands—you’re making your site better for everyone.

    The WCAG Guidelines: Your Roadmap to Accessibility

    The Web Content Accessibility Guidelines (WCAG) are a great starting point. Created by the World Wide Web Consortium (W3C), these guidelines break into four easy-to-understand principles:

    • Perceivable: Make sure people can perceive your content. For example, add text descriptions for images and captions for videos.
    • Operable: Users should be able to interact with your site using different tools, like a keyboard or voice commands.
    • Understandable: Keep content clear and easy to navigate.
    • Robust: Make your site compatible with today’s tools and tomorrow’s technology.

    These principles are your guide to building an inclusive site.

    Quick Wins for Improving Accessibility

    If you’re ready to take action, start small. Here are some simple changes that can make a big difference:

    • Alt Text for Images: Add brief, clear descriptions to all images. This helps users who can’t see the images understand what’s there.
    • Video Captions: Always include captions. They’re a must for people who are deaf or hard of hearing and helpful for anyone watching videos without sound.
    • Color Contrast: Ensure your text stands out from the background. This makes it easier for everyone to read, especially those with visual impairments.
    • Keyboard Navigation: Make sure all site functions can be used with just a keyboard. This is essential for users with mobility challenges.

    These quick wins are easy to implement and can have an immediate impact.

    Refining Your Strategy: Policies and Processes

    Once you’ve mastered the basics, it’s time to think bigger. This means setting goals, creating policies, and making accessibility part of your routine.

    Establish Clear Accessibility Policies

    Write down your accessibility goals and plans. This keeps everyone on the same page. Your policy should outline what standards you’re following (like WCAG) and how you’ll measure success. A clear plan helps your team stay focused and committed.

    Training and Awareness

    Accessibility is a team effort. Train your designers, developers, and content creators on best practices. For instance, teach designers to create layouts that are easy to navigate and show writers how to craft accessible content. These small efforts add up to big improvements.

    User Testing and Feedback

    Test your site with people who use assistive technologies. They’ll help you spot issues you might miss. Even if you follow all the guidelines, real-world feedback is invaluable.

    Scaling Your Efforts: Advanced Solutions for Accessibility

    As your organization grows, your accessibility efforts can too. Here are some ideas for taking things to the next level:

    Accessibility Center of Excellence

    For larger organizations, consider creating a team dedicated to accessibility. This group can handle audits, provide training, and ensure best practices are followed. Making accessibility part of your culture keeps it at the forefront.

    Automation and Tools

    Manually checking every page for accessibility issues can be tough. Tools like WAVE and Google Lighthouse can help. They quickly identify problems and suggest fixes. But remember, these tools work best alongside manual reviews and user feedback.

    Leading Innovations and Setting Industry Standards

    Once you’ve mastered the basics, consider pushing boundaries. Could voice navigation help your users? Are there new technologies you can try? Sharing what you learn and advocating for accessibility can inspire others in your industry.

    Moving Forward: Accessibility as an Ongoing Process

    Accessibility isn’t a one-time task. As technology changes, so do the needs of your users. Regular updates and reviews keep your site inclusive. Services like Accessibility Radar (a11y.Radar) can help by providing ongoing monitoring and insights to maintain compliance. Stay informed about changes to the Americans with Disabilities Act (ADA) and WCAG guidelines. By staying proactive, you’ll ensure your site works for everyone.

    Final Thoughts

    Making your digital space accessible isn’t just the right thing to do—it’s smart. Start with small changes and build from there. Think of accessibility as a journey, not a destination. Every step forward makes the internet a better place for everyone.

    Take action now, plan for the future, and keep innovating. The work you do today will make a lasting difference. Let’s build a more inclusive web together. Schedule an ADA briefing with 216digital to start your journey towards digital accessibility. Use the contact form below to get started.

    Greg McNeil

    December 17, 2024
    Testing & Remediation
    Accessibility, Accessibility Remediation, ADA Compliance, WCAG, Website Accessibility

  • ADA Lawsuits: A Growing Concern in New York

    In recent years, New York has become a major hotspot for lawsuits related to digital accessibility under the Americans with Disabilities Act (ADA). As businesses increasingly rely on websites, mobile apps, and other online tools, it is no longer enough to make physical spaces accessible. 

    Today, digital platforms must also meet the same standards of accessibility as brick-and-mortar stores. Failing to do so can place a business at risk for costly and time-consuming legal challenges. Nowhere is this truer than in New York, where state and federal laws and a welcoming environment for plaintiffs have combined to create a surge in such cases.

    It is important to understand why these lawsuits are happening and what your business can do to protect itself. By taking a close look at the trends, legal requirements, and strategies for achieving digital accessibility, companies can avoid expensive legal battles, improve their brand image, and tap into a wider range of customers.

    Why is Accessibility So Important?

    The ADA was created to ensure that people with disabilities have the same access and opportunities as everyone else. At first, many people focused on making physical spaces accessible. This included adding wheelchair ramps, elevators, and braille signs. Today, though, access also means making sure that websites, online stores, and mobile apps are easy for everyone to use. For example, a person with low vision may rely on a screen reader to understand the content on a website. If the site is not coded correctly, that user might struggle to shop online, book a hotel room, or order food.

    When websites are hard for people with disabilities to use, it doesn’t just cause frustration—it can also be illegal. The ADA applies to many online experiences, and New York’s own laws add even more layers of protection for people with disabilities. All businesses that sell products or services online need to understand these rules, especially if they serve customers in New York.

    Understanding the Rise in New York Lawsuits

    In 2023, more than 4,500 ADA-related digital lawsuits were filed across the country—about 500 more than the previous year. New York has been at the center of this growth. While it previously trailed California, New York now accounts for a large share of all website accessibility cases filed in federal and state courts. Some experts estimate that New York makes up nearly three-quarters of these claims nationwide.

    What is causing this surge? A few key factors stand out:

    Plaintiff-Friendly Courts

    New York courts have a history of being friendly toward plaintiffs in ADA cases. Judges in the state are often willing to recognize a wide range of digital platforms as places of “public accommodation” under the law. This means more online businesses can be held responsible for failing to meet accessibility standards.

    Multiple Layers of Law

    Businesses must follow both the federal ADA rules and New York’s own state laws, such as the New York State Human Rights Law (NYSHRL). The NYSHRL can offer extra paths for plaintiffs to sue, making it easier and more appealing to file claims in New York than in some other states.

    Active Plaintiffs and Law Firms

    New York is home to many “serial plaintiffs” and law firms that specialize in ADA lawsuits. These are individuals and groups who regularly file new claims, often targeting multiple businesses at once. Their ongoing efforts help drive up the total number of cases filed each year.

    Industries Under the Microscope

    All kinds of businesses have faced ADA lawsuits in New York. E-commerce sites, which sell everything from clothing to electronics, are often hit the hardest. Since most online shopping involves browsing pictures, reading descriptions, and clicking through links, any barrier for people with disabilities can lead to serious issues. For instance, a person who cannot see images needs text alternatives (often called “alt text”) to understand what is being sold. Without alt text, the shopping experience is blocked.

    Restaurants and hospitality businesses are also common targets. Online menus, booking systems, and reservation forms must be designed so that people using assistive technology can navigate through them. Even online videos need captions or audio descriptions for those who cannot see or hear well.

    Other industries, such as entertainment, real estate, banking, and healthcare, are also under scrutiny. If you run any kind of website that reaches customers in New York, there is a risk that you could face a lawsuit if your site is not accessible.

    You Don’t Have to Be Based in New York

    One common misunderstanding is that these lawsuits only affect businesses physically located in New York. That is not true. If your website or app is accessible to New York consumers—and especially if you sell goods or services to them—you can be drawn into a New York court. The internet is not limited by borders, and plaintiffs can argue that you are “doing business” in New York if you serve customers there.

    The Costs of Non-Compliance

    The financial consequences of being sued for ADA violations can be serious. Settlements can run anywhere from $10,000 to $100,000, and that does not include the cost of hiring lawyers, spending time in court, or fixing your website to meet legal standards after the fact. Beyond money, your company’s reputation is at stake. Customers who learn that you do not prioritize accessibility might choose to shop elsewhere.

    Moreover, ignoring accessibility means ignoring a huge market. According to the Centers for Disease Control and Prevention (CDC), about 26% of American adults live with a disability. They and their families represent hundreds of billions of dollars in spending power. Making your digital platforms welcoming to them is not just the right thing to do—it also makes good business sense.

    Keys to Avoiding Lawsuits: Proactive Accessibility

    The best way to avoid a lawsuit is to make your website or app accessible before anyone complains. Here are some steps you can take:

    Run an Accessibility Audit

    Start by checking your current digital platforms for common barriers. Use both automated scanning tools and manual testing by people with disabilities, if possible. Automated tools can highlight common issues, such as missing image descriptions or poor color contrast. Manual testers can provide real-world feedback on what it’s like to use your site with assistive technology.

    Meet WCAG Standards

    The Web Content Accessibility Guidelines (WCAG) are considered the gold standard for making web content accessible. WCAG 2.1 at the AA level is often the target that businesses aim to meet. These guidelines cover areas like making sure images have descriptive text, ensuring that videos have captions, and checking that all parts of the site can be reached with a keyboard instead of a mouse.

    Train Your Team

    Accessibility should not be an afterthought. Teach your web designers, developers, and content creators to build accessibility into their work from the start. Simple habits—like always adding alt text to images, using proper headings, and ensuring enough color contrast—can go a long way toward meeting legal requirements.

    Keep Accessibility in Mind When Updating

    The work does not end once you meet accessibility standards. Each time you add new content, update your platform, or roll out a new feature, test again to make sure it is still accessible. Accessibility is an ongoing process, not a one-time project. Tools like 216digital’s a11y.Radar service offer ongoing monitoring to help businesses stay ahead of potential issues.

    Seek Professional Help

    If you are uncertain about how to meet ADA requirements, consider reaching out to consultants or legal experts who specialize in ADA and NYSHRL compliance. They can guide you through the process, help you find the right tools, and make sure that your efforts meet current standards.

    Building an Inclusive Digital Presence

    Instead of seeing accessibility as a burden, consider it an opportunity. By welcoming all users, you show that you value fairness, inclusion, and excellent customer service. Making your site easier to navigate benefits everyone, not just people with disabilities. Clear layouts, good contrast, easy-to-understand language, and well-organized menus make the online experience better for all visitors.

    Plus, many accessibility improvements help with search engine optimization (SEO). For example, adding accurate captions to images or videos can help search engines understand your content, possibly boosting your ranking in search results. This can attract even more customers over time.

    A Changing Legalscape

    The surge in ADA accessibility lawsuits in New York is not just a short-term trend. It reflects a broader shift in how the internet is regulated and how society views equal access. Lawmakers, judges, and advocacy groups are paying closer attention to digital accessibility than ever before. It is wise to expect that these standards will continue to evolve and become even stricter over time.

    By acting now, you can keep up with changing rules and avoid being caught off guard. The earlier you start, the easier it is to maintain compliance as the laws and guidelines update.

    Take the First Step with 216digital

    Prioritizing digital accessibility is about more than avoiding lawsuits—it’s about doing what’s right for all your customers and creating an online experience that everyone can enjoy. For businesses that serve customers in New York, the urgency is clear. The state leads the nation in ADA accessibility lawsuits, and companies that fail to act risk legal challenges, financial loss, and damage to their reputation.

    The good news is that you don’t have to navigate these challenges alone. By scheduling an ADA briefing with 216digital, you can gain clarity on the legal requirements, identify gaps in your digital accessibility, and get expert advice on how to achieve compliance. Our team takes a human-centered approach, combining technical expertise with actionable strategies to protect your business and build a more inclusive online presence.

    Don’t wait for a lawsuit to take action. Schedule your ADA briefing with 216digital today, and let us help you stay ahead of the curve while creating a better digital experience for all.

    Greg McNeil

    December 10, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, web accessibility lawsuits, Website Accessibility

  • Progress Over Perfection: Steps Toward Digital Accessibility 

    In today’s digital world, creating websites and content that are accessible to everyone should be a top priority. But let’s face it — making your website completely accessible for every single user can feel like an overwhelming task. That’s where the concept of “progress over perfection” comes into play.

    Achieving digital accessibility isn’t a one-time fix. It’s an ongoing process of continuous improvement. If you aim for perfection from the start, you might get stuck, feel defeated, or even give up. But by focusing on making progress, even small steps, you can create a more inclusive online experience without the stress of reaching perfection right away.

    Let’s break down how you can start building a sustainable approach to digital accessibility with the right mindset, tools, and strategies.

    What Is Digital Accessibility?

    Before we dive into the “progress over perfection” mindset, let’s quickly talk about what digital accessibility really means. Simply put, it’s about making sure that all users, regardless of their abilities or disabilities, can access and use your website, apps, or digital content easily.

    This includes people who may be blind, deaf, have low vision, or have mobility challenges. It also covers people who have cognitive disabilities or those who just prefer to use assistive technology like screen readers, voice commands, or keyboard navigation.

    Digital accessibility can seem like a huge task at first, but it’s not about doing everything perfectly. It’s about making consistent improvements to ensure your site is usable by as many people as possible.

    The Problem with Perfectionism

    When you aim for perfection, the goal can feel so far out of reach that it becomes paralyzing. This is especially true with digital accessibility, where there are lots of technical guidelines and standards (like WCAG – Web Content Accessibility Guidelines) to follow. While these standards are great for ensuring accessibility, focusing on every little detail can slow you down.

    In reality, no website is perfect when it comes to accessibility. Users have different needs, and it’s impossible to design for every potential scenario at once. So, instead of feeling like you need to fix everything at the same time, shift your focus to continuous improvement. Every small step counts, and over time, those steps will add up to a more accessible and inclusive digital experience.

    Why Focus on Progress?

    The beauty of focusing on progress over perfection is that it’s achievable. It lets you start small, tackle the most pressing accessibility issues first, and then build on that foundation. As you implement changes, you’ll gradually improve the user experience, making it better for people with disabilities while also making your website more user-friendly for everyone.

    Here are some reasons why progress over perfection is the way to go for sustainable digital accessibility:

    1. You Don’t Get Stuck: Trying to achieve perfection can leave you frozen in place, unsure of where to start. By focusing on progress, you can tackle one problem at a time and move forward.
    2. It’s More Manageable: Rather than trying to fix everything at once, breaking down accessibility work into smaller tasks makes it more manageable and less overwhelming.
    3. You Can Build Momentum: When you make even small improvements, it creates a sense of accomplishment. This encourages you to keep making changes and adding new updates over time.
    4. It’s Realistic: Perfection doesn’t exist when it comes to accessibility. There will always be more to improve, so aiming for progress keeps you focused on what matters.

    Practical Tips for Achieving Digital Accessibility

    Now that we understand the importance of progress, let’s talk about some practical steps you can take to make real improvements to your site. You don’t need to do everything at once, but here’s how you can start moving toward a more accessible website today:

    Start with Low-Hanging Fruit

    When you’re just getting started, it’s helpful to identify and address the “low-hanging fruit” — the quick wins that will make the biggest impact with the least amount of effort. These might include:

    • Alt Text for Images: Add descriptive alt text to images so screen readers can convey the meaning of those images to users with visual impairments.
    • Keyboard Navigation: Make sure that all interactive elements (like forms, buttons, and links) can be accessed using only a keyboard.
    • Color Contrast: Ensure that text has enough contrast against the background so users with low vision can read it easily.

    By making these changes, you’re addressing immediate barriers that can make a huge difference in how accessible your website is for many users.

    Integrate Accessibility into Your Workflows

    To create long-term sustainability, accessibility shouldn’t be something you do only once or twice. It needs to be built into your everyday workflow. Whether you’re designing a new page, creating content, or updating a feature, think about accessibility from the start.

    Here are a few ways you can integrate accessibility into your routine:

    • Involve Accessibility from the Beginning: If you’re working on a new website or a redesign, include accessibility from the very start of the project. This way, accessibility considerations become part of the foundation.
    • Use Accessible Tools and Templates: Many website builders, content management systems (CMS), and templates have accessibility features built-in. Make sure you’re using those tools to save time and reduce errors.
    • Educate Your Team: Make sure everyone involved in content creation and site maintenance understands basic accessibility principles.

    Get Real Feedback from Users

    One of the best ways to improve accessibility is to hear directly from users. Real people with disabilities can give you valuable insight into how they experience your website and where the barriers lie. This is far more effective than guessing or relying solely on automated testing tools.

    You can:

    • Conduct User Testing: Recruit users with various disabilities to test your site and provide feedback. This can help you uncover issues you might have missed.
    • Engage with Your Audience: Ask for feedback through surveys or comments. Listen to your users, and if they point out areas for improvement, make a plan to address them.

    Use Tools for Continuous Monitoring

    To ensure your website stays accessible over time, use tools that can help you identify and fix problems as they arise. One such tool is a11y.Radar.

    A11y.Radar continuously scans your website for accessibility issues and provides you with actionable reports. This allows you to stay on top of accessibility improvements without needing to manually review your entire site. With regular scans, you can catch issues early and keep your site in good shape.

    It’s All About Consistent Improvement

    Remember, the goal of digital accessibility isn’t to be perfect; it’s to be inclusive. Every improvement you make is a step toward creating a better, more accessible experience for all your users. By focusing on progress over perfection, you’ll keep moving forward without getting stuck in the weeds.

    So, don’t be afraid to start small. Address the most pressing accessibility issues first, integrate accessibility into your workflows, engage with real users for feedback, and use tools to monitor your progress. Over time, you’ll create a website that’s not only accessible but sustainable in the long run — and that’s something to be proud of!

    If you’re ready to take the next step in your accessibility journey, schedule an ADA briefing with 216digital. Our experts can help you create a sustainable, actionable plan for achieving digital accessibility while mitigating risk. Let’s move forward together!

    Greg McNeil

    December 9, 2024
    Testing & Remediation, WCAG Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Web Accessibility Remediation, web development, Website Accessibility

  • How Accessibility Widgets Can Put Businesses at Risk

    Web-accessibility overlays, also known as accessibility widgets, promise an easy, one-click solution to achieving compliance with web-accessibility standards like the Web Content Accessibility Guidelines (WCAG). These widgets often claim to make websites instantly accessible to people with disabilities while shielding businesses from legal action.

    However, this promise is often too good to be true. Overlays have significant limitations, and relying solely on them can expose businesses to legal, reputational, and financial risks. This article will explore why overlays fall short, the dangers of assuming they are sufficient, and why companies need a more comprehensive approach to web-accessibility.

    What Are Website Accessibility Overlays?

    Accessibility overlays are third-party tools or scripts integrated into a website. They offer text resizing, color contrast adjustments, screen reader compatibility, and keyboard navigation. For businesses seeking quick solutions, these widgets appear convenient and cost-effective.

    Yet, accessibility experts and advocacy groups frequently criticize overlays for failing to address core accessibility issues. Many users with disabilities report that these tools do not work as advertised and often create more barriers than they remove.

    Legal Risks of Accessibility Overlays

    The legal landscape surrounding web-accessibility has become increasingly complex. Businesses in the United States are required to provide equal access under laws like the Americans with Disabilities Act (ADA) and, in some cases, the Rehabilitation Act. Non-compliance can result in lawsuits, financial penalties, and settlement costs.

    Here’s how overlays contribute to legal risks:

    False Sense of Compliance

    Overlays often give businesses a false sense of security by claiming compliance with WCAG standards. However, these widgets rarely fix underlying issues in the website’s code, which is the root of most accessibility barriers.

    Courts have consistently ruled that overlays are not a substitute for full compliance. For example, in cases like Robles v. Domino’s Pizza, the courts emphasized that businesses must address accessibility holistically, not rely on third-party fixes.

    Increased Legal Vulnerability

    Recent lawsuits have specifically targeted companies that rely on overlays. Plaintiffs argue that these tools fail to provide meaningful access and do not meet legal standards. Businesses using overlays can face repeat litigation from multiple plaintiffs or “copycat” lawsuits.

    Misleading Claims

    Overlays that advertise themselves as ADA-compliant solutions may expose businesses to additional liability under consumer protection laws for misleading claims.

    Reputational Risks of Accessibility Overlays

    In today’s socially conscious marketplace, accessibility is not just a legal requirement but a moral and ethical imperative. Failing to address accessibility authentically can damage a business’s reputation.

    Negative Feedback from Users

    Many individuals with disabilities report that overlays interfere with assistive technologies like screen readers and fail to improve their browsing experience. Frustrated users often take to social media to share their negative experiences, leading to bad publicity.

    Advocacy Group Backlash

    Disability advocacy groups are increasingly vocal about the ineffectiveness of overlays. A public campaign against a company for using a widget as a “quick fix” can tarnish its brand and alienate customers who value inclusivity.

    Erosion of Trust

    Businesses relying on overlays signal a lack of commitment to genuine accessibility. This can lead to diminished trust among consumers, especially in industries like retail, education, and healthcare, where accessibility expectations are high.

    Financial Risks of Accessibility Overlays

    The financial consequences of relying on accessibility overlays extend beyond potential lawsuits. They can lead to hidden costs that outweigh their initial affordability.

    Recurring Costs Without Long-Term Benefits

    Overlays typically operate on a subscription model, requiring ongoing payments. Despite these recurring costs, they fail to deliver permanent solutions, forcing businesses to invest in comprehensive remediation eventually.

    Cost of Legal Defense

    Defending against accessibility lawsuits is costly, even if a case doesn’t reach trial. Businesses relying on overlays may face higher legal expenses due to their inability to demonstrate genuine efforts toward compliance.

    Lost Revenue from Alienated Customers

    Accessibility barriers can drive away potential customers, especially in e-commerce. An inaccessible website limits the purchasing power of individuals with disabilities, who collectively control over $490 billion in disposable income in the United States alone.

    The Limitations of Accessibility Overlays

    Accessibility overlays are inherently limited because they address only surface-level issues. They do not fix the underlying structural problems in a website’s code. Key limitations include:

    • Incompatibility with Assistive Technology: Many widgets fail to work seamlessly with screen readers, keyboard navigation, or voice recognition software.
    • Partial Coverage: Overlays often address only a narrow set of accessibility issues, leaving gaps that continue to exclude users with disabilities.
    • Unintended Consequences: Some overlays introduce new barriers, such as excessive pop-ups, poor usability, or errors that disrupt the browsing experience.

    These limitations highlight why overlays cannot replace a robust accessibility strategy.

    A More Authentic Approach to Web-Accessibility

    To truly achieve accessibility, businesses must move beyond quick fixes and invest in comprehensive, authentic solutions. A holistic approach includes:

    Accessibility Audits

    Conducting thorough manual and automated audits to identify all accessibility barriers on a website. An audit provides a clear roadmap for remediation.

    Remediation of Core Issues

    Fixing the underlying code to ensure compliance with WCAG standards. This involves addressing issues like semantic HTML, proper labeling of forms, and ensuring content is perceivable, operable, understandable, and robust (POUR principles).

    Ongoing Maintenance

    Accessibility is not a one-time project. Regular updates, testing, and monitoring ensure that websites remain compliant as technology evolves.

    User-Centered Design

    Involving users with disabilities in the design and testing process ensures that solutions meet real-world needs.

    Expert Partnerships

    Partnering with accessibility experts helps businesses navigate complex legal requirements and implement effective solutions. Services like 216digital’s a11y.Radar provides ongoing monitoring to maintain compliance and reduce the risk of lawsuits.

    Why Businesses Should Avoid the Widget Trap

    While accessibility overlays may seem like a quick fix, their limitations and associated risks make them a poor choice for businesses serious about accessibility. A genuine commitment to accessibility requires addressing the root causes of inaccessibility, not just the symptoms.

    Schedule an ADA Briefing with 216digital

    If you’re ready to move beyond widgets and take meaningful steps toward true web-accessibility, schedule an ADA briefing with 216digital. Our team of experts will guide you through understanding accessibility standards, identifying areas for improvement, and implementing solutions tailored to your business. With tools like our a11y.Radar service for ongoing monitoring, we’ll help ensure that your website not only meets compliance requirements but also provides a user-friendly experience for everyone.

    By investing in a robust and authentic approach, businesses can avoid the legal, reputational, and financial pitfalls of relying on overlays. More importantly, they can create an inclusive digital experience that serves all users, regardless of ability.

    Greg McNeil

    November 20, 2024
    Legal Compliance
    Accessibility, ADA Compliance, Overlay, Overlay widgets, Website Accessibility, Widgets

  • Is ADA Compliance the Same as 508 Compliance?

    If you’ve worked on a website or digital content, you know accessibility isn’t just important—it’s essential. But here’s a common question that trips up even seasoned professionals: Are ADA compliance and Section 508 compliance the same thing? While they may seem similar at first glance—both aim to make digital experiences accessible—their differences are crucial, and misunderstanding them could mean focusing on the wrong standards for your audience or business.

    In this article, we’ll unpack the distinctions and overlaps between ADA and Section 508 compliance. By the end, you’ll not only understand what sets them apart but also how to use this knowledge to make your website truly accessible.

    What is ADA Compliance?

    ADA stands for the Americans with Disabilities Act, a landmark law passed in 1990 to ensure that people with disabilities have the same rights and opportunities as everyone else. The ADA covers a wide range of accessibility issues, from physical spaces (like ramps and elevators in buildings) to digital spaces (like websites and online services). In the context of websites, ADA compliance means making sure your website is accessible to people with disabilities.

    For websites, ADA compliance means ensuring accessibility for people with disabilities. This includes making your site usable for:

    • Visually impaired individuals using screen readers.
    • Deaf or hard-of-hearing users who rely on captions or transcripts.
    • People with motor disabilities who may use keyboards or alternative input devices instead of a mouse.

    While the ADA itself doesn’t give specific rules for websites, it requires businesses to ensure that their digital services are accessible. This is where guidelines like the Web Content Accessibility Guidelines (WCAG) come into play. The WCAG provides a set of standards for making websites accessible to everyone, including people with various disabilities.

    What is Section 508 Compliance?

    Section 508 is part of the Rehabilitation Act of 1973, a law designed to improve access for people with disabilities, especially in the workplace and in government. Section 508 specifically focuses on ensuring that federal agencies and contractors make their electronic and information technology (EIT) accessible. This includes websites, software, videos, and other forms of digital content used by government employees and the public.

    Section 508 compliance is more specific than ADA compliance because it lays out detailed technical standards for web accessibility. Unlike the ADA, which applies to all public and private entities, Section 508 is focused specifically on federal government entities and those that do business with the government.

    The Key Differences Between ADA and Section 508 Compliance

    Now that we have a basic understanding of both standards let’s take a look at some of the key differences:

    Scope of Applicability

    ADA compliance applies to all businesses, government entities, and organizations that provide public services, including websites, regardless of whether they are working with the federal government.

    On the other hand, Section 508 only applies to federal agencies, federal contractors, and any organizations or companies that receive federal funding or contracts. In other words, Section 508 is more narrow in scope than ADA compliance.

    Specificity of Standards

    ADA compliance serves as a general guideline rather than providing specific technical or legal instructions for web accessibility. Its primary focus is on the principle of accessibility, encouraging the design of websites that are usable by individuals with a variety of disabilities. By prioritizing inclusivity, ADA compliance aims to ensure that everyone can effectively access online content. ADA compliance often refers to the WCAG guidelines for web content accessibility.

    Section 508 compliance is more prescriptive, offering clear technical guidelines for web accessibility. These standards focus on things like screen reader compatibility, color contrast, keyboard navigation, and other specific details.

    Enforcement

    ADA compliance can be enforced through private lawsuits, meaning that individuals with disabilities or advocacy groups can take legal action if a website is not accessible. This has led to a number of high-profile lawsuits in recent years, where businesses were sued for failing to make their websites accessible.

    Section 508 compliance is enforced primarily through audits and inspections conducted by the federal government. If a government agency or contractor is found to be non-compliant, they could lose funding and contracts or be excluded from future government work.

    Similarities Between ADA and Section 508 Compliance

    Even though there are some important differences, both ADA compliance and Section 508 compliance share several key similarities:

    The Goal of Accessibility

    Both ADA and Section 508 aim to make the digital world more accessible to people with disabilities. This means ensuring that websites, online services, and content are usable by people who have visual, auditory, cognitive, or motor impairments.

    Use of WCAG Guidelines

    Both ADA and Section 508 compliance often refer to WCAG as a standard for making websites accessible. While Section 508 has its own set of technical requirements, these overlap with many of the WCAG principles. So, if you’re working on a website, it’s helpful to familiarize yourself with WCAG standards, whether you are concerned with ADA or Section 508 compliance.

    Testing for Accessibility

    Both ADA and Section 508 compliance require you to test your website for accessibility. This can include using screen readers, testing keyboard navigation, checking for proper color contrast, and making sure your site works with assistive technologies like voice recognition software.

    Practical Tips for Testing Your Website for Accessibility

    Whether you’re aiming to meet ADA or Section 508 compliance, here are some practical steps you can take to test and improve the accessibility of your website:

    Use Automated Tools

    There are a number of tools that can help you check for accessibility issues, like WAVE or Lighthouse. These tools scan your site for common accessibility issues like missing alt text for images, poor color contrast, and improper heading structure. While automated tools are helpful, they shouldn’t be your only testing method.

    Manual Testing

    Automated tools can catch some issues, but manual testing is also essential. This might include navigating your site with a keyboard (without using a mouse) or testing your site with a screen reader like NVDA or VoiceOver to see how it works for visually impaired users.

    Get Feedback from Users

    If possible, have people with disabilities test your site. Getting feedback from real users is one of the best ways to identify issues you might not have thought of. You can reach out to local accessibility organizations or use user testing platforms to gather feedback.

    Review Your Content

    Make sure your website’s content is accessible, too. This means providing text alternatives for images, videos with captions, or transcripts and using simple, easy-to-read language.

    Which Should You Focus On?

    Understanding the distinctions between ADA and Section 508 compliance is critical for creating an inclusive, accessible website that meets legal standards. If you’re a business owner, ADA compliance should be your primary concern. Federal contractors and agencies, on the other hand, must adhere to Section 508 requirements.

    The good news? Improving accessibility benefits everyone—not just your users, but your organization too.

    Navigating these regulations can feel daunting, but you don’t have to go it alone. At 216digital, we specialize in tailored accessibility solutions to help you meet both ADA and Section 508 standards. From comprehensive audits to ongoing monitoring, we’re here to guide you every step of the way.

    Ready to make your website accessible to everyone? Schedule an ADA briefing with 216digital and take the first step toward compliance and inclusivity.

    Greg McNeil

    November 19, 2024
    Legal Compliance
    Accessibility, ADA, ADA Compliance, Section 508, Web Accessibility

  • What Retailers Can Expect if They Aren’t Accessible

    In today’s digital marketplace, overlooking the accessibility of your website isn’t just a technical oversight—it’s a legal and financial pitfall that could jeopardize your entire business. As consumers increasingly flock to online shopping, retailers have a critical responsibility to ensure their websites are accessible to everyone, including people with disabilities. Failing to meet ADA compliance requirements isn’t just non-compliance; it’s an open invitation to lawsuits, hefty fines, and damaging publicity. The clock is ticking, and the stakes have never been higher. Is your business prepared to face the consequences of an inaccessible website?

    Understanding ADA Compliance and Accessibility Laws

    The Americans with Disabilities Act (ADA) was passed in 1990 to ensure that individuals with disabilities have equal access to public spaces. While the law was initially focused on physical spaces, such as stores and offices, the scope has expanded with the rise of the Internet. Today, many courts interpret the ADA as applying to websites, meaning retailers’ websites must be accessible to people with disabilities, including those who are blind, deaf, or have other impairments.

    ADA Guidelines for Web Accessibility

    Under ADA guidelines, businesses must make reasonable accommodations for disabled individuals by ensuring that their websites are usable by people who rely on screen readers, text-to-speech software, and other assistive technologies. If your website doesn’t meet these requirements, you might find yourself at risk for a lawsuit.

    What Are the Legal Risks for Retailers?

    If your website isn’t accessible, your business could be exposed to legal action. Retailers face the possibility of demand letters from law firms representing plaintiffs with disabilities. These letters often demand that companies make changes to their websites and may include a settlement request to avoid a lawsuit. A formal lawsuit could follow if these demands are ignored or if the retailer refuses to comply with ADA compliance.

    Common Accessibility Issues in Lawsuits

    • Images without Alt Text: Alt text describes the content of an image for screen readers. Missing alt text excludes visually impaired users from critical information.
    • Unlabelled Form Fields: Forms need clear labels and instructions for accessibility. Missing labels can lead to frustration and abandoned purchases.
    • Unclear or Missing Headings: Headings help organize content, making it easier for visually impaired users to navigate.
    • Non-Keyboard Accessible Navigation: Some users rely on keyboard shortcuts instead of a mouse. Websites not designed for keyboard navigation can exclude these users.

    The Cost of Non-Compliance

    So, what happens when a retailer faces a lawsuit or demand letter for not meeting ADA compliance?

    Legal Costs

    Defending against a lawsuit can be expensive, even if you ultimately win. The average cost of defending a web accessibility lawsuit can run tens of thousands of dollars. This does not include legal fees for settlements or necessary website updates.

    Settlements

    Many retailers choose to settle lawsuits rather than risk the expense and uncertainty of court. Settlement amounts can vary but often reach six figures. Additionally, companies must typically commit to updating their website for compliance, further adding to costs.

    Fines

    While the ADA itself doesn’t specify fines, related laws, like the Rehabilitation Act, require federal agencies to ensure accessibility. Violations can lead to significant fines, especially for businesses that accept federal funds or contracts.

    Damage to Brand Reputation

    Beyond legal costs, lawsuits over website accessibility can damage a brand’s reputation. A public lawsuit can erode consumer trust, lead to negative media coverage, and even cause loyal customers to lose faith in the inclusivity of your business.

    Loss of Customers and Sales

    The financial impact doesn’t stop with legal costs. Inaccessible websites exclude millions of potential customers, especially those with visual impairments. Poor user experiences can lead to lost sales and customer frustration.

    Big Brands, Bigger Penalties

    Web accessibility is no longer a theoretical risk—it’s a pressing reality affecting retailers across industries. In recent years, well-known brands have faced significant legal challenges for not meeting ADA compliance standards, underscoring the tangible consequences of non-compliance. Notable cases include:

    Target Corporation Settlement

    In a landmark 2006 case, the National Federation of the Blind (NFB) sued Target Corporation, arguing that its website’s inaccessibility violated the ADA, barring blind users from equal access to online services. This case culminated in a $6 million settlement in 2008, with Target committing to WCAG 2.0 standards. The settlement set a powerful precedent, establishing that websites are indeed extensions of physical stores and must comply with ADA standards.

    Beyoncé’s Parkwood Entertainment

    In 2019, a lawsuit against Parkwood Entertainment—the company managing Beyoncé’s official website—brought celebrity and entertainment sites into the accessibility spotlight. The case highlighted key issues, like missing alt text and inaccessible navigation, underlining that ADA compliance requirements extend to all online sectors.

    Dick’s Sporting Goods

    In 2021, Dick’s Sporting Goods faced a lawsuit over a lack of accessible design elements, from missing alt text to insufficient screen reader support. This case reaffirmed that even leading retailers are vulnerable if they overlook essential accessibility features.

    A Surge in Accessibility Lawsuits and the E-Commerce Sector

    The growing number of lawsuits drives home the urgency for retailers to proactively address web accessibility. According to Useablenet in 2023 alone, more than 4,600 ADA-related website accessibility cases were filed, with 82% targeting the retail sector. As consumers increasingly rely on online shopping, accessibility becomes essential for retailers to stay competitive and inclusive.

    Why E-Commerce Faces Elevated Legal Risks

    Retailers with online sales channels, particularly in e-commerce, face intensified scrutiny as customers with disabilities encounter persistent barriers to shopping online. According to the U.S. Center of Disease Control, 7.6 million Americans with visual impairments struggle with inaccessible websites, translating to missed revenue opportunities. By not prioritizing accessibility, e-commerce retailers risk losing out on an estimated $7 trillion in annual spending from the global disability market.

    The message is clear: the cost of non-compliance is high, and accessibility lawsuits are on the rise. For retailers, these cases underscore the importance of making accessibility a strategic priority to safeguard brand reputation and revenue alike.

    How to Avoid the Legal Pitfalls

    If you’re a retailer, the best way to avoid legal issues is to proactively make your website accessible. Here’s how to get started:

    Conduct an Accessibility Audit

    Use accessibility tools or hire an expert to evaluate your website. Many free and paid tools are available to help identify common accessibility issues.

    Follow WCAG Guidelines

    The Web Content Accessibility Guidelines (WCAG) set the standard for web accessibility, covering elements like text readability, video captioning, and more.

    Train Your Team

    Ensure that your website’s content managers are trained in accessibility best practices, helping you avoid common errors and keep your site compliant with updates.

    Stay Informed

    Accessibility laws and best practices are evolving, so it’s essential to stay updated on the latest requirements and trends.

    Secure Your Website’s Future

    ADA compliance isn’t just a legal obligation—it’s an opportunity to make your website more inclusive and accessible to a wider audience. Retailers who fail to make their websites accessible face serious legal risks, including lawsuits, legal fees, and damage to their brand’s reputation. On the flip side, ensuring your website is accessible to all users can boost customer trust, loyalty, and, ultimately, sales. By taking the necessary steps to make your website compliant with ADA standards, you protect your business and demonstrate your commitment to inclusivity.

    So, take action today to ensure your website is accessible. Your customers—and your bottom line—will thank you!

    For personalized guidance on making your website ADA compliant, reach out to 216digital for an ADA briefing. Our experts are here to help you navigate the complexities of web accessibility and secure your business against potential legal risks.

    Greg McNeil

    November 11, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ecommerce website, Retail, Web Accessibility

  • Web Accessibility for Senior Citizens: A Business Case

    Have you ever stopped to think about how accessible your website is for senior citizens? You might imagine accessibility only in terms of helping people with visual or hearing impairments, but what about the growing number of seniors who are online every day? Seniors often face unique challenges when navigating websites—things like vision loss, reduced motor skills, and even cognitive decline. As their online presence continues to increase, it’s crucial to ask: Do you have an accessible site? The answer might surprise you.

    Making your website senior-friendly isn’t just the right thing to do—it’s a smart business move that can bring both legal and financial rewards. Let’s explore why investing in web accessibility for seniors is a move you can’t afford to overlook.

    What Is Web Accessibility?

    Web accessibility refers to the practice of designing websites and digital content so that they can be easily accessed and used by all people, including those with disabilities. It’s not just about compliance with regulations or making sure that people with visual or hearing impairments can use your site. Accessibility also benefits people with other challenges, such as limited mobility or cognitive impairments.

    Why Does It Matter for Senior Citizens?

    Senior citizens—particularly those over 65—are a growing segment of internet users. In fact, according to a study by the Pew Research Center, 73% of people aged 65 and older are now online, and 61% of them use the internet every day. However, many older adults face unique challenges when using websites, such as vision loss, hearing impairments, reduced fine motor skills, and cognitive decline. This is where web accessibility plays a crucial role.

    By ensuring your website is accessible to seniors, you’re not just creating a better user experience for them—you’re opening your business up to a larger market with significant spending power.

    The Legal Landscape: ADA and Accessibility

    In the United States, businesses are legally required to ensure that their websites are accessible to people with disabilities. The Americans with Disabilities Act (ADA), passed in 1990, mandates that public accommodations—such as businesses, government entities, and nonprofit organizations—provide equal access to their services for people with disabilities. While the law doesn’t explicitly mention websites, courts have increasingly interpreted it to apply to digital spaces.

    Legal Risks of Non-Compliance

    This means that if your website is not accessible to people with disabilities—including older adults—you could be at risk for legal action. Many businesses have been sued over accessibility violations, with settlements reaching millions of dollars. Even if you’re a small business owner or running a personal blog, failing to provide an accessible experience could open you up to potential lawsuits, fines, or reputational damage.

    For example, large companies like Target and Domino’s Pizza have faced high-profile lawsuits for not having accessible sites. These cases highlight the importance of taking accessibility seriously, not just as a moral or ethical issue but as a business risk.

    Financial Benefits: Reaching a Larger, Wealthy Audience

    One of the most compelling reasons to focus on web accessibility for seniors is the financial advantage. Seniors, particularly those in the 65+ age range, wield significant purchasing power. According to the AARP, people over 50 account for more than $8 trillion in economic activity in the U.S. every year. That’s a massive market—one that’s only going to grow as the senior population continues to expand.

    How Accessibility Boosts Your Bottom Line

    However, many businesses fail to recognize the importance of this demographic when designing their websites. If your website isn’t accessible, you’re essentially alienating an entire group of people who might have the money and the intent to buy from you. In contrast, an accessible site can tap into this valuable market by ensuring that seniors have a seamless, positive experience when browsing and making purchases online.

    Here are some key ways web accessibility can boost your bottom line:

    Improved Conversion Rates on Accessible Sites

    When seniors can easily navigate your site, understand your content, and complete purchases without frustration, you’ll see higher conversion rates. Research shows that accessibility improvements can lead to better engagement, longer time spent on the site, and more frequent purchases. Whether you run an e-commerce store or offer a service, providing an accessible site can lead to more successful transactions.

    Expanding Your Reach

    Web accessibility isn’t just about meeting the needs of those with disabilities—it’s also about creating a better experience for everyone. Simple improvements, like larger fonts, clearer color contrast, or the ability to adjust text size, benefit not just seniors but a wide range of users. As your website becomes more accessible to navigate for seniors, you’re also making it more user-friendly for all visitors, which can attract more people and boost your website traffic.

    Reducing Bounce Rates

    A website that’s hard to use leads to frustrated visitors, and frustrated visitors often leave. If seniors (or anyone else) find your site difficult to navigate or read, they’re likely to abandon it in favor of a competitor’s site. Ensuring your site is accessible makes it more likely that users will stay longer, browse more pages, and return again.

    Brand Loyalty and Word-of-Mouth

    By demonstrating your commitment to accessibility, you’re sending a powerful message to your customers that you care about inclusivity. This can lead to stronger brand loyalty and positive word-of-mouth referrals. Seniors, like all customers, appreciate brands that make an effort to meet their needs, and they are more likely to become repeat customers. This loyalty can help your business grow over time.

    Social Benefits: Building an Inclusive Brand

    In today’s competitive market, inclusivity is more than just a buzzword—it’s an expectation. Consumers increasingly expect companies to be socially responsible, and that includes providing accessible sites for people with disabilities. When your website is accessible to seniors, you’re showing that your brand is forward-thinking, compassionate, and dedicated to serving everyone.

    This kind of brand identity can strengthen your reputation and create emotional connections with your customers. A business that values diversity and inclusivity is more likely to resonate with socially conscious consumers, not just seniors.

    Corporate Social Responsibility (CSR)

    Investing in web accessibility shows that your company is taking steps to fulfill its corporate social responsibility. By ensuring that all people, regardless of age or ability, can engage with your business, you’re positioning yourself as a leader in social responsibility. Consumers are increasingly making decisions based on their values, and a company that prioritizes accessibility can stand out in a crowded marketplace.

    Fostering a Positive Reputation

    The world is becoming more focused on accessibility, and businesses that lead the charge will be seen as industry pioneers. If you prioritize accessibility, you’re likely to gain recognition and respect for your commitment to inclusivity, both from customers and from the broader business community.

    Stay Ahead of the Curve with an Accessible Site

    As the senior population continues to grow, the demand for accessible sites will only increase. By taking proactive steps now to make your website accessible, you’re positioning your business to meet future needs. Businesses that adapt early will have a competitive edge over those that wait until accessibility is a legal requirement or until they lose customers because of accessibility issues.

    Furthermore, accessibility features that are beneficial for seniors—such as voice recognition, screen readers, or simple navigation—are often beneficial to younger audiences as well. This means that your investment in accessibility has the potential to benefit a wide range of users, not just seniors.

    A Forward-Thinking Investment

    Web accessibility for senior citizens is not just about compliance; it’s a strategic business move that can expand your market reach, boost conversion rates, and strengthen your brand’s inclusivity. With the financial, social, and legal benefits clear—and a growing senior population—now is the perfect time to make your website accessible to all.

    Ready to take the next step? Schedule an ADA briefing with 216digital today. Our team of experts will guide you through the process of enhancing your website’s accessibility, ensuring you meet legal requirements while providing an exceptional user experience for all visitors. Don’t miss this opportunity to future-proof your business and tap into a wider audience.

    Greg McNeil

    November 7, 2024
    The Benefits of Web Accessibility
    ADA Compliance, Benefits of Web Accessibility, business case for web accessibility, Web Accessibility

  • Using NVDA to Test Web Accessibility

    Making your website accessible isn’t just a checkbox to tick—it’s about creating a space where everyone feels welcome. Imagine trying to browse a site only to hit wall after wall because it wasn’t designed with all users in mind—that’s the reality for millions of people with disabilities. One of the most effective ways to understand and improve your site’s accessibility is by testing it with tools like NVDA (NonVisual Desktop Access). NVDA is a free, open-source screen reader for Windows that provides audio feedback, enabling users who are blind or visually impaired to explore and interact with digital content.

    If you’re a developer or designer aiming to make your website user-friendly for everyone, testing with NVDA can be a real eye-opener. This guide will walk you through everything you need to get started—from setting up NVDA to identifying common accessibility barriers. We’ll also compare NVDA with other screen readers and share tips on integrating accessibility checks into your workflow.

    Why Testing with a Screen Reader Matters

    Testing with a screen reader is crucial for building websites that everyone can use and enjoy. Did you know that over 8 million people in the United States have a visual disability? Worldwide, an estimated 2.2 billion people are affected by some form of visual impairment. That’s a considerable number of users who rely on screen readers like NVDA to navigate the web. Yet, despite this need, studies show that 95.9% of the world’s top million homepages still have detectable accessibility issues, many of which directly impact screen reader users.

    Common Accessibility Barriers

    While standards like the Web Content Accessibility Guidelines (WCAG) exist to help ensure content is accessible, there’s still a gap between ticking the compliance boxes and actual usability. Some common accessibility barriers impacting screen reader users include:

    • Missing or Incorrect Alt Text: Without alt text, images lack context, making it hard for users to understand what’s on the page.
    • Improper Heading Structure: Jumping from an H1 to an H3 heading (and skipping H2) can make navigating a page disorienting.
    • Inadequate Link Descriptions: Using link text like “Click here” doesn’t tell users where the link will take them.
    • Lack of Keyboard Navigation: If elements aren’t reachable by the keyboard, users may not be able to navigate away from certain sections.

    By testing your site with a screen reader like NVDA, you can spot and fix these barriers directly, ensuring your content is genuinely usable—not just technically accessible. This step is vital for engaging a wide audience, including customers who rely on screen readers for equal access. 

    Plus, by prioritizing screen reader accessibility, you’re not just meeting legal requirements; you’re showing that your brand values inclusivity, which can resonate with customers and build loyalty.

    Getting Started with NVDA

    Ready to dive in? First, you’ll need to install NVDA on a Windows computer. Just head over to its official website and follow the straightforward instructions. Once it’s installed, take a few minutes to explore the settings. NVDA lets you adjust things like speed, voice pitch, and how much information it reads out loud. Tweaking these settings can make your screen reader testing smoother and help you catch all the essential details without getting distracted.

    Understanding the Basics of NVDA

    At first glance, NVDA might seem a bit overwhelming, but don’t worry—once you get the hang of a few essential controls, you’ll be navigating like a pro. The main control is the Insert key, which you use along with other keys to execute commands. For example, pressing Insert + Spacebar toggles between browse and focus modes, showing how users move between different sections and interact with elements on your site.

    Key Shortcuts to Know

    • Tab: Move through interactive elements like buttons and links.
    • Shift + Tab: Go back through items, helping you check the flow of navigation.
    • H: Navigate through headings in sequence (Shift + H moves backward), which is crucial for accessibility.
    • K for links or G for graphics: Jump to specific content, helping you quickly assess if important items are accessible.

    Testing for Accessibility Barriers with NVDA

    Once you’re comfortable with NVDA, it’s time to put your website to the test. The goal is to see how easy (or difficult) it is for a screen reader user to find and understand information on your site.

    Check Your Navigation Structure

    Screen reader users rely heavily on clear navigation. Headings should be marked in a logical order, and the Tab key should move through items sensibly. As you use NVDA, please pay close attention to how it announces headings, links, and interactive elements. For instance, links labeled “Read More” can be confusing, while “Learn More About Our Services” is much more straightforward. Descriptive link text is vital to helping screen reader users navigate confidently.

    Confirm Image Descriptions

    Proper alt text is a must for images. Use the G key to move through images and listen to the descriptions NVDA reads aloud. The alt text doesn’t need to be lengthy—just informative enough to give users an idea of the image’s purpose.

    For additional information about alt text, read our article “Understanding Image Alt Text Descriptions.”

    Test Interactive Elements Like Forms

    Forms can be tricky for screen reader users if they’re not labeled well. As you move through form fields, listen to the labels NVDA reads. Each field should have a clear label, and error messages should be accessible, too. Testing with NVDA can reveal unlabeled fields or hidden error messages that might make filling out forms difficult.

    Common Accessibility Barriers to Watch For

    Using NVDA can help you spot common barriers that affect accessibility:

    • Keyboard Traps: These occur when users get stuck in one part of the page. Use the Tab and Shift + Tab keys to move around; if you find yourself stuck, it’s likely a keyboard trap.
    • Focus Indicators: Screen reader users (and keyboard users in general) need a visible marker to show where they are on the page. Test this by tabbing through your site to see if each interactive element has a clear indicator.
    • Content Flow: Listen to your site in linear order, from top to bottom. Does it make sense as you go? Unclear structure or skipped headings can confuse users trying to navigate the content in a meaningful order.

    Documenting What You Find

    As you test, it’s helpful to document any issues you come across. Be specific: note where each issue happens, what the problem is, and why it’s an accessibility issue. For example, if a button lacks a label, describe which button it is, where it’s located, and how this impacts screen reader users. Including step-by-step details on how you tested (like key sequences or what NVDA readout) can also help your team quickly recreate and fix the issue.

    Trying Out Other Screen Readers

    While NVDA is a fantastic tool, remember that users rely on different screen readers like JAWS or VoiceOver on Apple devices. Testing with more than one screen reader can uncover accessibility issues that one tool might miss. NVDA is particularly good with dynamic content and ARIA (Accessible Rich Internet Applications) attributes. So, if you can, try testing with multiple screen readers to get a fuller picture of your site’s accessibility.

    Making Accessibility Part of Your Process

    Accessibility testing with NVDA shouldn’t be a one-time thing—it works best when it’s part of your development process from the start. By catching issues early, you’ll avoid significant fixes later and create a better experience for everyone. During design, consider accessibility-friendly patterns like high-contrast colors and adjustable font sizes. During development, use NVDA to test as you go and do a final check once your site is live.

    And if possible, getting feedback from users with disabilities can be incredibly valuable. While NVDA can help you simulate a screen reader experience, real users bring real-world insights that can highlight usability issues you might not think of.

    Wrapping Up

    Using NVDA to test your website’s accessibility is a powerful step toward creating a more inclusive online experience, but there’s so much more to accessibility than just technical adjustments—it’s about making your site welcoming to everyone, including customers who rely on assistive technology. 

    To help you navigate the broader world of ADA compliance and web accessibility, consider scheduling a briefing with 216digital. Our team can walk you through key accessibility requirements, share insights into your site’s current compliance level, and guide you on building a sustainable, accessible web presence. Let’s work together to make your website an inclusive, welcoming space for all users. Schedule your ADA briefing with 216digital today, and take the next step toward true digital accessibility.

    Kayla Laganiere

    November 5, 2024
    How-to Guides
    Accessibility, Accessibility testing, ADA Compliance, NVDA, web developers, Website Accessibility

  • Are ADA Lawsuits Truly Addressing Web Accessibility Concerns or Financial Motives?

    The Americans with Disabilities Act (ADA) was enacted in 1990 to prohibit discrimination and ensure equal opportunities for people with disabilities, promoting accessibility in physical spaces, employment, transportation, and communication. Its core intent was, and still is, to remove barriers, offering individuals with disabilities equitable access to spaces, services, and information. Yet, as technology evolved, so did the legal landscape. 

    Today, ADA lawsuits increasingly target digital spaces, focusing on web accessibility. However, many argue that many of these cases may be financially motivated rather than genuinely aimed at improving user accessibility.

    This article will explore whether ADA lawsuits in the digital realm truly address accessibility concerns or have become vehicles for profit, disproportionately affecting small businesses and often failing to create meaningful accessibility changes.

    ADA’s Original Purpose: Accessibility for All

    Digital spaces were in their infancy when the ADA was introduced, and web accessibility wasn’t yet a primary focus. Over time, however, the need for digital accessibility became apparent as websites and apps became essential tools for daily life. The ADA’s promise of equal access naturally extended into these new spaces, with courts ruling that websites should be accessible to individuals with disabilities. In principle, these lawsuits aimed to push businesses toward compliance, making the digital world as accessible as the physical one.

    However, the sharp increase in web accessibility lawsuits has sparked debates. While some argue that these lawsuits hold businesses accountable, others claim they’ve strayed from the ADA’s purpose and are instead exploited for financial gain.

    The Surge in Web Accessibility Lawsuits: Financial Motives or Accessibility Goals?

    Data shows a dramatic increase in ADA-related digital accessibility lawsuits. According to a report from UsableNet, over 4,000 digital accessibility lawsuits were filed in 2023 alone, with the majority in industries like retail, food service, and e-commerce. Many of these lawsuits are part of what some legal experts call “drive-by” or “surf-by” suits, where plaintiffs—or law firms—quickly identify accessibility issues, sometimes without ever attempting to use the site.

    A well-known case involves Domino’s Pizza, which was sued by a visually impaired man who claimed the company’s website and mobile app were incompatible with his screen reader, making ordering food online impossible. In this instance, the lawsuit gained national attention, ultimately resulting in the Ninth Circuit Court ruling in favor of the plaintiff. While this case had an accessibility-focused outcome, it highlighted the complexities of web accessibility requirements under the ADA. Smaller businesses, however, often lack the resources to navigate lengthy litigation, and settlements can be a quicker option.

    High-Profile Examples and “Drive-By” Suits

    Certain plaintiffs and legal firms have been linked to hundreds, if not thousands, of ADA lawsuits. These “drive-by” or “surf-by” suits are often filed in large batches across multiple jurisdictions, targeting businesses with minor web accessibility issues. In these cases, it’s common for plaintiffs and attorneys to demand settlements without requiring that accessibility issues be addressed. This approach raises questions about the true intention behind these cases: Are they serving individuals with disabilities or simply a means to extract settlements?

    High-profile cases aside, small businesses bear the brunt of such lawsuits. For example, a local bakery or a small online retailer with limited technical knowledge and budget may unknowingly operate a website that needs to be fully ADA-compliant. When targeted by a lawsuit, they often find the cost of defending themselves too high, pushing them toward a settlement which rarely requires accessibility improvements.

    The Disproportionate Impact on Small Businesses

    Due to limited resources and awareness, small businesses are especially vulnerable to ADA lawsuits. Unlike large corporations, small business owners often lack dedicated legal or compliance departments, making it difficult for them to implement and maintain accessible websites. The financial strain can be significant; they face legal fees, potential settlements, and the cost of redesigning their websites for compliance.

    For many small businesses, even the threat of an ADA lawsuit is enough to cause financial stress. Paying legal fees and settlements can exhaust their budgets, sometimes leading to layoffs or even closures. While larger businesses may view these costs as part of risk management, small businesses face disproportionate consequences despite representing a smaller fraction of the digital marketplace.

    Are ADA Lawsuits Leading to Real Accessibility Improvements?

    With the increase in ADA lawsuits, one might assume that digital accessibility has improved dramatically. However, evidence suggests otherwise. Many cases settle out of court without requiring the business to make its website accessible. In these instances, settlements may address plaintiffs’ demands but leave broader accessibility issues unresolved.

    While larger companies might use settlements to improve accessibility, smaller businesses often struggle to implement changes even after legal action. Without clear guidelines from the ADA on web accessibility standards, businesses are left in a legal gray area, leading to inconsistent and often inadequate improvements. For meaningful change, legal actions would need to enforce accessibility upgrades as part of their resolutions. Unfortunately, in many cases, financial gain appears to take precedence over accessibility outcomes.

    How to Protect Yourself from Frivolous ADA Lawsuits

    Despite the challenges, businesses can proactively mitigate the risk of ADA lawsuits and ensure their websites are accessible. Here are several strategies:

    Conduct Regular Accessibility Audits

    Regularly assessing your website for accessibility compliance is essential. Automated tools and manual testing can help you catch and fix issues that may otherwise go unnoticed. While automated tools can identify many technical problems, manual testing is often necessary to ensure a website is accessible.

    Follow WCAG Guidelines

    The Web Content Accessibility Guidelines (WCAG) 2.1 are the global standard for web accessibility. While not legally binding under the ADA, adhering to these guidelines demonstrates a commitment to accessibility and can help businesses defend themselves against lawsuits.

    Partner with Accessibility Experts

    Hiring an external firm with expertise in web accessibility can provide invaluable insights and help you develop a compliance strategy. Accessibility experts like 216digital understand the nuances of ADA and WCAG compliance, making them well-equipped to help businesses avoid common pitfalls.

    Stay Informed on Legal Trends

    ADA compliance in the digital space is rapidly evolving, and staying informed on relevant lawsuits and rulings can help businesses understand potential risks. Engaging with industry groups or associations that focus on digital accessibility can also provide guidance and resources.

    Maintain Documentation and Accessibility Policies

    Documenting your efforts to comply with accessibility standards can help demonstrate a proactive approach. Maintaining a web accessibility policy and records of improvements can strengthen your defense if faced with a lawsuit.

    Moving Toward Meaningful Change in Web Accessibility

    For ADA lawsuits to truly serve their intended purpose, they need to result in real accessibility improvements rather than financial settlements alone. While some cases serve as important reminders for businesses to make their websites accessible, the prevalence of drive-by suits highlights the need for more explicit standards and legal reform. Small businesses, in particular, require more guidance and support to achieve compliance without facing financial ruin.

    A Call for a Balanced Approach

    In conclusion, ADA lawsuits can be a powerful tool for advancing web accessibility, but only if they prioritize access over profit. For meaningful progress, lawsuits should focus on enforcing change rather than leveraging settlements. By adopting proactive accessibility strategies, businesses can protect themselves from frivolous lawsuits and contribute to a more inclusive digital landscape for all users.

    By taking steps to prioritize accessibility, companies can reduce their exposure to ADA lawsuits and ensure that their websites are accessible to all users, fulfilling the original purpose of the ADA. For any organization, compliance is a legal obligation and an opportunity to create an inclusive and user-friendly digital experience.

    Ready to get started? Schedule a complimentary ADA strategy briefing with 216digital today. Let’s work together to protect your online business!

    Greg McNeil

    November 4, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Web Accessibility, Website Accessibility

  • Why 100% ADA Compliance Isn’t Realistic

    If you own a website or create online content, it’s crucial to understand what ADA compliance truly entails. In today’s digital landscape, failing to address accessibility isn’t just a missed opportunity—it’s a potential liability. Despite promises from certain agencies claiming they can make your site “100% ADA-compliant,” the reality is more complex. Can any website truly meet full compliance in an ever-evolving digital world? Let’s take a closer look at what this means and why a one-size-fits-all solution may not be enough to protect you from legal risks or to provide a genuinely accessible experience.

    What is ADA Compliance?

    The Americans with Disabilities Act (ADA) was passed in 1990 to ensure that people with disabilities have equal rights and opportunities. While the ADA doesn’t specifically mention websites, it has been interpreted to apply to them, especially under Title II (which covers state and local governments) and Title III (which focuses on public accommodations like businesses).

    For websites, ADA compliance often means following the Web Content Accessibility Guidelines (WCAG). These guidelines help make online content more accessible to everyone, including those with visual, auditory, or other disabilities. The WCAG principles can be summed up as follows:

    • Perceivable: Information must be presented in a way that users can perceive, like providing text alternatives for images.
    • Operable: Users must be able to navigate and interact with the content using various devices and assistive technologies.
    • Understandable: Information and user interfaces should be clear and straightforward.
    • Robust: Content must be compatible with current and future user agents, including assistive technologies.

    Can a Website Be 100% ADA-Compliant?

    Now, here’s the tricky part: claiming that a website can be 100% ADA compliant is not only misleading but also unrealistic, and there is no legal definition. Why is that? Because the web is constantly changing. New technologies, design trends, and content updates can all affect how accessible a website is. Lastly, the Department of Justice has never set in stone what it means for a website to be legally compliant.

    Accessibility Standards vs. Ongoing Compliance

    Understanding the difference between achieving accessibility standards and maintaining compliance is crucial. You might partner with an agency that helps you meet specific accessibility goals today. However, if you don’t continue to monitor and update your website, you could risk falling out of compliance as your site evolves.

    For example, if you add new content or change your design, you need to ensure those changes also meet accessibility standards. This ongoing effort is what keeps your website welcoming and usable for all visitors.

    False Claims by Agencies

    Many agencies will promise they can make your website “fully ADA compliant.” They might use phrases like “one-time fix” or “permanent compliance.” While that sounds appealing, it’s often not realistic. Here’s why:

    1. One-Time Solutions: If an agency offers a quick, one-time fix, be cautious. Accessibility isn’t a set-it-and-forget-it situation. Websites need continuous updates and adjustments.
    2. Guaranteed Compliance: Some agencies might claim they can guarantee compliance. However, there is no set legal standard for web compliance. You might still face ADA lawsuits even after working with an agency.
    3. Frivolous ADA Lawsuits: It’s unfortunate, but there are frivolous ADA lawsuits out there. Some businesses are sued over accessibility issues that seem exaggerated. This highlights the importance of taking genuine steps toward accessibility rather than relying on empty promises.

    What to Look For in an Agency

    So, how do you find the right agency for web accessibility services? Here are some tips to help you choose wisely:

    1. Continuous Support: Look for agencies that offer ongoing support instead of just a one-time fix. This could include regular audits and updates based on user feedback.
    2. Transparency: A reputable agency should be clear about what they can and cannot guarantee. They should help you set realistic expectations for what compliance looks like.
    3. Education: The best agencies will not only assist you in making your website compliant but will also educate you on how to maintain accessibility in the long run. Knowledge is power!
    4. Customized Solutions: Every website is unique. An effective agency should be willing to tailor their approach to meet your specific needs and goals.

    Setting Realistic Expectations

    As a website owner, setting realistic expectations about what ADA compliance means for your site is crucial. Accessibility is a journey, not a destination. While you can take significant steps to improve your site’s accessibility, it’s essential to recognize that this is an ongoing commitment.

    Be wary of agencies that promise a quick fix or complete compliance. Instead, look for partners who understand the evolving nature of web content and can help you adapt over time.

    Secure Lasting Accessibility with 216digital

    The web is dynamic, and maintaining accessibility requires ongoing effort. Choosing an agency focused on continuous support and education equips you to create an inclusive online space for everyone

    At 216digital, we prioritize not only bringing your website into compliance but also educating you on how to maintain and enhance accessibility long after your project is complete. We’re committed to supporting you on this journey every step of the way.

    We encourage you to schedule an ADA briefing with us to learn how we can help you navigate the complexities of web accessibility. Together, we can ensure your website remains welcoming and usable for all visitors.

    Embrace the journey, and let’s make the web a better place for everyone!

    Greg McNeil

    November 1, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA Website Compliance
Previous Page
1 2 3 4 5 … 11
Next Page
216digital Scanning Tool

Audit Your Website for Free

Find Out if Your Website is WCAG & ADA Compliant













    216digital Logo

    Our team is full of expert professionals in Web Accessibility Remediation, eCommerce Design & Development, and Marketing – ready to help you reach your goals and thrive in a competitive marketplace. 

    216 Digital, Inc. BBB Business Review

    Get in Touch

    2208 E Enterprise Pkwy
    Twinsburg, OH 44087
    216.505.4400
    info@216digital.com

    Support

    Support Desk
    Acceptable Use Policy
    Accessibility Policy
    Privacy Policy

    Web Accessibility

    Settlement & Risk Mitigation
    WCAG 2.1/2.2 AA Compliance
    Monitoring Service by a11y.Radar

    Development & Marketing

    eCommerce Development
    PPC Marketing
    Professional SEO

    About

    About Us
    Contact

    Copyright 2024 216digital. All Rights Reserved.