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  • 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

  • Is Your Website ADA-Compliant?

    Ever wonder if your website is truly welcoming to all visitors? It’s easy to think, “My site looks great. It works smoothly—why worry?” But here’s the catch: a good-looking, functional site isn’t always an accessible one. And if your website isn’t ADA compliant, you could be unintentionally shutting the door on a massive group of potential visitors and customers—people with disabilities.

    Let’s put it this way: imagine if a brick-and-mortar store had narrow, cluttered aisles or no ramps. Customers with mobility challenges would struggle to get in or move around. Now, think of your website as that store. If it isn’t built with accessibility in mind, visitors with disabilities may find it impossible to navigate, use, or even understand what you’re offering.

    So, is your website ADA-compliant? If you’re not sure or have never checked, this guide is for you. We’ll break down what ADA compliance means, why it matters, the standards to follow, and how you can ensure your site is welcoming to all. Ready to see if your online space meets the mark? Let’s dive in.

    Why ADA Compliance Matters

    Making sure your website is ADA-compliant isn’t just a box to check off—it’s a vital part of running a business that’s inclusive and future-proof. An accessible website means everyone, regardless of ability, can navigate, engage with, and enjoy your content. This approach not only helps build trust and loyalty but can also increase your audience and improve user satisfaction. And let’s not forget, it comes with important legal and business benefits.

    Legal Implications

    The Americans with Disabilities Act (ADA) requires that businesses—including their websites—be accessible to everyone. If your site isn’t ADA-compliant, you could be in for a rough ride. The number of ADA-related lawsuits has been rising fast. In 2023, for instance, over 4,500 web accessibility lawsuits were filed in the U.S., which was a 15% increase from the year before, according to UsableNet.

    Courts have been clear that digital spaces are covered by the ADA, even though it was created before the internet as we know it existed. And it’s not just big businesses being targeted—small and medium-sized businesses have also found themselves in legal hot water over inaccessible sites. Legal fees, settlements, and potential damage to your reputation can add up quickly, costing far more than making your website compliant in the first place. By focusing on accessibility, you’re not just protecting your business; you’re showing that inclusivity is a priority.

    Expanding Your Audience

    Making your site ADA-compliant isn’t just about sidestepping legal issues—it’s also about reaching more people.  The World Health Organization (WHO) reports that over 1 billion people globally live with some form of disability. In the U.S., the Centers for Disease Control and Prevention (CDC) says that 26% of adults have some kind of disability. This includes a wide range of challenges, from visual and hearing impairments to mobility and cognitive issues.

    Think about it: if your website is easier to use for people with disabilities, you’re opening your doors to a vast number of potential customers who might have otherwise struggled with your site. In fact, a study in the U.K. found that 71% of users with disabilities will leave a site that’s hard to use, and 82% of them are willing to spend more on a site that’s accessible. That’s a lot of potential revenue and customer loyalty that can be yours just by making your site more inclusive.

    Understanding Web Accessibility Standards

    To create an accessible website, it’s essential to understand key standards, particularly the Web Content Accessibility Guidelines (WCAG). These guidelines, developed by the World Wide Web Consortium (W3C), provide a roadmap for making web content more accessible to people with disabilities.

    Key Principles of WCAG

    The WCAG outlines four fundamental principles, often remembered by the acronym POUR:

    1. Perceivable: Information must be presented in ways that users can perceive. This means providing text alternatives for images, using captions for videos, and ensuring sufficient contrast between text and background colors.
    2. Operable: Users should be able to navigate the site using various methods. This includes keyboard navigation and the ability to pause or stop animations.
    3. Understandable: Content and navigation must be easy to understand. This includes using clear language, consistent navigation, and proper labeling of forms.
    4. Robust: Content should be compatible with various technologies, including assistive technologies like screen readers. This means writing clean, semantic HTML.

    By adhering to these principles, you’ll be well on your way to creating a more accessible website.

    Common Barriers to Web Accessibility

    Even with the best intentions, many websites still have barriers that prevent people with disabilities from accessing their content. Here are a few common issues:

    Images Without Alt Text

    Images can be a significant barrier if they don’t have descriptive alt text. Alt text is essential for users who rely on screen readers, as it provides context about the image.

    Poor Color Contrast

    If the contrast between your text and background is too low, it can be challenging for individuals with visual impairments to read your content. Aim for a contrast ratio of at least 4.5:1 for normal text.

    Inaccessible Forms

    Forms are often problematic. If they lack labels or instructions, users with disabilities may find it challenging to fill them out. Always ensure that forms are correctly labeled and provide clear instructions.

    Lack of Keyboard Navigation

    Many users with disabilities rely on keyboard navigation rather than a mouse. If your website doesn’t support this, it can create significant barriers.

    Testing Your Website for Accessibility

    Now that you understand the importance of ADA compliance and common barriers, how do you ensure your website is accessible? Here are some methods for testing your site:

    Manual Checks

    Begin with manual checks of your website. Go through your site using only the keyboard. Can you navigate easily? Test your forms to see if they’re usable without a mouse. This basic level of testing can reveal a lot about your site’s accessibility.

    Automated Tools

    Automated accessibility testing tools can help identify many common issues quickly. Here are a few popular options:

    • WAVE: This browser extension evaluates accessibility and highlights issues on your page.
    • Lighthouse: Built into Chrome’s developer tools, Lighthouse provides audits of various web aspects, including accessibility.

    While these tools are helpful, they don’t catch everything. They should be used in conjunction with manual checks to ensure a truly ADA-compliant website.

    User Testing with Assistive Technologies

    The best way to understand how ADA-compliant your site truly is is to test it with real users who have disabilities.

    • Screen Readers: Ask users to navigate your site using popular screen readers like JAWS or NVDA.
    • Keyboard Navigation: Observe how users interact with your site using only a keyboard.

    Getting feedback from users with disabilities will give you insights that automated tools might miss.

    Practical Steps to Improve Accessibility

    Once you’ve identified accessibility issues on your site, what should you do next? Here are some practical steps you can take:

    • Start with an Accessibility Audit: Before making any changes, conduct a comprehensive audit of your website. Use both automated tools and manual checks to identify barriers.
    • Prioritize Quick Wins: Addressing some accessibility issues can take time, but there are many “quick wins” you can tackle right away.
    • Implement Staff Training and Awareness: Accessibility is not just a one-person job. Ensure your content creators, developers, and designers are trained on best practices for maintaining and improving web accessibility.
    • Monitor Accessibility Consistently: Regular audits are essential, but ongoing monitoring ensures that new updates don’t introduce issues. Services like 216digital’s a11y.Radar can help by continuously checking for compliance and alerting you to new challenges.

    Conclusion

    Making sure your website is ADA-compliant is more than just checking a legal box—it’s about creating a space where everyone feels welcome. Prioritizing accessibility can open your business to a wider audience, boost user satisfaction, and even shield you from potential legal issues. But let’s be honest: navigating the ins and outs of accessibility can feel overwhelming.

    That’s where we come in. At 216digital, we’re here to make it simple. Schedule an ADA briefing with us to find out if your website is at risk and how we can help make it more inclusive. Don’t wait until there’s a problem; get ahead of it and show your commitment to accessibility today. Your future customers (and your peace of mind) will thank you!

    Greg McNeil

    October 30, 2024
    Legal Compliance
    Accessibility testing, ADA Compliance, ADA Lawsuit, WCAG, Web Accessibility

  • A Case for Starting Accessibility Early in Development

    When you’re kicking off a new web project, it’s easy to focus on exciting features and visual design. But here’s something that often gets pushed aside until it’s almost too late: accessibility. The truth? Accessibility isn’t just a box to check off at the end of development; it’s a fundamental part of creating an inclusive, user-friendly experience from day one. To truly succeed, you need to start accessibility early.

    Think about it: no one wants to realize their new website or app needs major tweaks just to be usable for everyone. Starting accessibility early not only benefits people with disabilities but boosts usability for all your users, saves you money, and keeps you in line with standards like Web Content Accessibility Guidelines (WCAG). And who doesn’t want to avoid headaches later on?

    Let’s break down why embedding accessibility into your project from the very beginning is worth every bit of effort—and how to make it happen smoothly.

    Why Start Accessibility Planning from the Beginning?

    Making accessibility a priority from day one can feel like a big commitment, but here’s what you gain by choosing to start accessibility early:

    Avoid Costly Retrofits

    Fixing accessibility issues at the end of a project can mean reworking significant parts of your site—an expensive and time-consuming ordeal. Imagine designing your site, launching it, and then realizing it doesn’t meet accessibility standards. Adding features like keyboard navigation or fixing color contrast at that point can mean redoing large chunks of your design. Planning for these details early on keeps everything smoother (and kinder on your budget).

    Enhance User Experience for All

    When you start accessibility early, you set the stage for a user experience that is friendly and inclusive for everyone. Accessibility isn’t just for those with disabilities—it’s for everyone. Features like clear navigation, easy-to-read text, and well-labeled elements make browsing better for all users. Designing with accessibility in mind from the start ensures these benefits are baked in, rather than added later.

    Stay Compliant and Avoid Legal Issues

    Starting with WCAG standards and other accessibility guidelines from the get-go helps you avoid legal hiccups. These guidelines form the backbone of inclusive web design and ensure you’re in line with regulations like the Americans with Disabilities Act (ADA). Following these rules early on makes compliance one less thing to worry about.

    How to Integrate Accessibility into Each Stage of Development

    Accessibility can be woven into every phase of your project with just a bit of planning. Here are some actionable steps for developers and designers:

    Design with Accessibility in Mind

    From the beginning, designers play a critical role in accessibility by setting the structure and visual flow of a project. Here are a few accessibility best practices to incorporate during the design phase:

    Color Contrast and Readability

    Make sure your text is easy to read against its background. According to WCAG guidelines, regular text should have at least a 4.5:1 contrast ratio, while larger text should have a 3:1 contrast ratio. Testing tools like WebAIM’s Color Contrast Checker make this quick and easy to verify.

    Intuitive Layout and Navigation

    A clear, intuitive layout ensures all users can navigate your site. Place navigation elements consistently, keep forms simple, and use ample white space to make content easier to digest. These are just a few examples of how to start accessibility early in your design strategy.

    Descriptive Text for Buttons and Links

    Buttons and links should have descriptive text that tells the user exactly what will happen when they click. Instead of a vague “click here,” label it with “Learn More About Accessibility,” for example. Clear labels improve navigation for users and assistive technologies alike.

    Use the Right HTML Tags

    Developers can make a huge impact when they start accessibility early by using semantic HTML. Semantic HTML tags—like <header>, <main>, <nav>, and <footer>—convey the structure of your webpage to screen readers and other assistive devices, helping users navigate more effectively.

    Proper HTML Markup

    Use headings (<h1>, <h2>, etc.) in a logical order, and never skip heading levels. This creates a clear hierarchy for users relying on screen readers and assists everyone in navigating your content.

    Descriptive Alt Text for Images

    Screen readers rely on alternative text (alt text) to describe images to visually impaired users. Ensure every image with meaningful content has a description that conveys what’s in the image or its purpose. If the image is purely decorative, use an empty alt attribute (e.g., alt=" ") to signal to screen readers that it can be ignored.

    ARIA Attributes

    Accessible Rich Internet Applications (ARIA) roles and attributes provide additional context where HTML alone may fall short. For example, you can use aria-label to describe the function of a button or aria-live to notify screen readers of real-time changes, like alerts.

    Test for Accessibility as You Go

    Testing for accessibility throughout development lets you catch issues early before they become a headache to fix. Here’s how to implement regular accessibility checks:

    Automated Accessibility Tools

    Automated testing tools like Lighthouse and WAVE can detect many common accessibility issues, such as missing alt text or incorrect heading levels. However, keep in mind that while these tools are valuable, they’re not a complete solution.

    Manual Testing and Keyboard Navigation

    Not all accessibility features can be evaluated by automated tools, so manual testing is essential. Many users with disabilities rely on keyboards instead of a mouse, so test your site using keyboard navigation alone. Make sure users can access all interactive elements (like links, forms, and buttons) and follow a logical tab order.

    Screen Reader Testing

    Use screen readers like NVDA (for Windows) or VoiceOver (for Mac) to simulate how users with visual impairments experience your site. This will help you catch any missing descriptions, confusing elements, or awkward navigation.

    Get Feedback from Users with Disabilities

    Involving people with disabilities in testing phases offers invaluable insights. Real users bring unique perspectives that automated tools or simulated testing just can’t replicate.

    Plan for Inclusive Testing

    Recruit a diverse group of testers who use different assistive technologies, including screen readers, magnification software, and voice control. Their feedback can reveal practical challenges and usability issues you might not anticipate.

    Iterate Based on Feedback

    Make adjustments based on real-world experience and retest if needed. Accessibility is an ongoing process, and user feedback will help you understand where improvements are necessary.

    Regularly Check Your Site

    Keeping your site accessible isn’t a one-and-done task—it’s an ongoing process. Regular audits help ensure that your site or app stays up to date with accessibility standards as you make changes or add new features. These check-ups can catch any issues that might have been overlooked during development, or that pop up over time. But audits alone don’t cover everything; that’s where regular monitoring comes in.

    Services like a11y.Radar makes a big difference by providing continuous monitoring to help keep your website accessible. With automated checks and detailed reports, a11y.Radar alerts you to potential issues early on so you can fix them before they turn into bigger problems. Plus, it helps you stay aligned with current WCAG guidelines, which are always evolving.

    Combining regular audits with a monitoring service like a11y.Radar keeps your site running smoothly and ensures a user-friendly experience for everyone.

    Building a Culture of Accessibility

    Making accessibility a foundational part of your development culture is key to sustaining these practices long term. Here are some ideas to foster an accessibility-first mindset in your team:

    Educate and Train Your Team

    Provide training on accessibility guidelines and tools for all team members, from designers and developers to project managers and content creators. Workshops, webinars, and resources on WCAG standards and inclusive design can help create a shared understanding of accessibility’s importance.

    Keep Accessibility Resources Available

    Ensure your team has access to accessibility checklists, WCAG guidelines, and tool recommendations. Having these resources easily accessible means team members can refer to them at any stage of development.

    Regularly Review and Share Accessibility Wins

    Celebrate small successes, such as completing accessibility testing on a new feature or receiving positive feedback from an accessibility audit. Recognizing and sharing progress reinforces the importance of this work and motivates your team to continue prioritizing accessibility.

    Helpful Tools for Accessibility

    There are a variety of helpful tools for accessibility checks and improvements. Here are a few top options:

    • WebAIM’s Color Contrast Checker: Verifies that contrast meets WCAG standards for readability.
    • Lighthouse and WAVE: An open-source accessibility tool that runs quick checks on your web pages for WCAG compliance.
    • Screen Readers: Test with NVDA (Windows), VoiceOver (Mac), and TalkBack (Android) to experience your site from the perspective of visually impaired users.
    • ARIA Authoring Practices Guide: This guide provides information on implementing ARIA roles and attributes to enhance assistive technology compatibility.

    Ready to Make Accessibility Part of Your Game Plan?

    So, there you have it—starting accessibility early isn’t just a nice-to-have; it’s a win-win for everyone involved. By weaving accessibility into your project from day one, you’re not only sidestepping costly revisions but also crafting a better experience for all your users. Plus, you’re keeping things legally sound, which is always a good move.

    But we get it—navigating the world of WCAG guidelines and accessibility best practices can feel a bit like decoding a secret language. If you’re ready to start accessibility early in your web development process without complicating your project, let’s talk. Schedule an ADA briefing with us at 216digital, and we’ll guide you through your journey in plain English (no tech jargon). Let’s work together to make the digital world a more inclusive place—one accessible website at a time.

    Greg McNeil

    October 28, 2024
    Legal Compliance, The Benefits of Web Accessibility
    Accessibility, Accessibility testing, ADA Compliance, UX, web development

  • ADA Compliance: What You Can and Can’t Control

    Let’s be honest—navigating ADA compliance can feel like a lot, especially when you’re managing a busy website. But the good news? There are plenty of things you can control that will make your site more accessible to everyone. By taking a few simple steps, you’ll create a better experience for users, expand your audience, and avoid potential legal issues.

    In this guide, we’ll break down what ADA compliance is, explore some actionable steps you can take, and cover ways to handle the parts that might be out of your control. So, let’s roll up our sleeves and dive in!

    What is ADA Compliance?

    ADA compliance refers to following the guidelines set by the Americans with Disabilities Act (ADA), which was established to protect the rights of individuals with disabilities. While the ADA initially focused on physical spaces, it now extends to digital spaces like websites.

    In simple terms, ADA compliance ensures that your website is usable for everyone—including people with visual, auditory, physical, or cognitive disabilities. The ADA works hand-in-hand with the Web Content Accessibility Guidelines (WCAG), which outline best practices for creating accessible digital content. Meeting these guidelines is not just about following the law; it’s about making your website open and welcoming to all users.

    Website Design and Development

    Making your website accessible starts with thoughtful design and smart development choices. Here’s how you can set the stage:

    Use Semantic HTML

    Think of HTML as your website’s blueprint. When it’s organized logically, it makes it easier for assistive technologies (like screen readers) to guide users through your site. Use clear headings, lists, and tags like <h1> for main headings and <h2> for subheadings. This way, your content isn’t just well-organized—it’s also easy for everyone to navigate.

    Enable Keyboard Navigation

    Not everyone uses a mouse to get around online, so make sure users can tab through your site smoothly. All interactive elements—buttons, forms, menus—should be accessible via keyboard alone. To test this, try navigating your site using only your keyboard. If you hit a dead end, that’s a sign something needs fixing.

    Ensure Sufficient Color Contrast

    Nobody wants to squint to read your content, especially users with visual impairments. Use strong color contrast between text and background, so everything is easy to read. The minimum recommended contrast ratio is 4.5:1 for regular text and 3:1 for larger text. Not sure if your colors are cutting it? Tools like WebAIM’s Contrast Checker can help you out.

    Provide Descriptive Alt Text for Images

    Images are great for grabbing attention, but if they’re not described properly, they can be a barrier for screen reader users. Make sure every image has alt text that explains what’s in the picture and why it’s there. Be descriptive—something like “Red winter coat with a 30% off discount tag” tells a much more straightforward story than just a “sale image.”

    Ongoing Monitoring and Testing

    Getting your website accessible isn’t a “set it and forget it” deal. It’s more of an ongoing process that keeps your site up to standard:

    Conduct Regular Accessibility Audits

    Use tools like WAVE or Lighthouse to scan your site regularly for potential accessibility issues. These tools are like your website’s personal trainers—they’ll point out areas that need improvement, like missing alt text or insufficient color contrast.

    Engage in User Testing

    Automated tools are great, but there’s no substitute for feedback from real users—especially those with disabilities. Invite them to test your site and pay close attention to what they say. Their insights can reveal accessibility gaps that you might not have noticed.

    Content Management and Regular Updates

    Content is a big part of ADA compliance. Here’s how to keep it accessible and user-friendly:

    Provide Content in Accessible Formats

    PDFs and Word files are common on websites, but they’re not always easy for assistive technologies to read. Try converting documents to HTML or using accessible PDF tools to ensure everyone can engage with your content.

    Keep Content Updated

    Just like fashion, accessibility standards change over time. Make a habit of revisiting older content—blog posts, documents, even videos—to ensure they still meet current accessibility standards.

    Avoiding Overlays

    It can be tempting to install a quick-fix accessibility overlay, especially if you’re short on time. But here’s the thing: overlays often don’t solve the real issues. In fact, they can create more problems for users who rely on assistive technology. The better approach? Make direct changes to your website’s code, design, and structure for more meaningful accessibility improvements.

    What You Can’t Control: Third-Party Content and Vendors

    Even if you make your website as accessible as possible, certain elements are out of your direct control. But don’t worry—there are still ways to manage these challenges:

    Third-Party Plugins and Widgets

    Plugins and widgets can boost your site’s functionality, but they can also introduce accessibility barriers. Before installing any third-party tools, check their accessibility features and look for compliance documentation.

    Content Management Systems (CMS)

    Depending on the CMS you’re using—like WordPress, Shopify, or Squarespace—you might run into accessibility limitations. Whenever possible, choose accessible themes and templates, and use plugins that enhance rather than hinder site accessibility.

    Outsourced Web Development and Content Creation

    If you hire developers or content creators, make sure ADA compliance is part of your project requirements. Set clear expectations and conduct follow-up audits to ensure everything meets accessibility standards.

    User-Generated Content

    Comments, reviews, and user-generated content are valuable for your site but can pose accessibility challenges. Moderate content when possible and encourage users to follow basic accessibility guidelines, like adding alt text to images they post.

    Strategies for Managing What You Can’t Control

    While some aspects are beyond your control, there are ways to work around them:

    Vetting and Selecting Accessible Vendors

    When choosing third-party vendors or services, go with those that have a reputation for accessibility. Look for vendors that provide compliance documentation and are willing to help with accessibility support.

    Adding Disclaimers and Providing Alternatives

    If you have third-party content that might not be fully accessible, consider adding a disclaimer to inform users. Offer alternatives, like accessible document formats or a contact method for users who need assistance.

    Foster Communication and Collaboration

    ADA compliance works best when everyone’s on the same page. Encourage open dialogue about accessibility with your team, developers, and third-party partners. When everyone understands its importance, it’s easier to make your site truly inclusive.

    Conclusion

    Making your website accessible doesn’t have to be intimidating. By focusing on what you can control and actively managing third-party elements, you can create a site that’s welcoming to everyone. Plus, it’s not just about avoiding legal risks—it’s about building a better experience for all your users.

    So, take it one step at a time. As you make improvements, you’ll reach a wider audience and create a more inclusive online space. And if you’re unsure about where your site stands, don’t hesitate to reach out to experts like 216digital for a free accessibility review. You’ve got this!

    Greg McNeil

    October 23, 2024
    How-to Guides, Testing & Remediation
    Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility

  • ADA Lawsuits: How They’re Shaping the Internet

    The Internet is an essential part of daily life. We shop, work, learn, and even socialize online. But for millions of people with disabilities, the digital world can feel like a locked door. That’s where the Americans with Disabilities Act (ADA) steps in. Originally designed to ensure access to physical spaces, the ADA is now playing a significant role in making sure the digital world is accessible to everyone.

    Let’s dive into how ADA lawsuits are shaping the future of the Internet and why this movement towards web accessibility matters for all of us.

    Why Web Accessibility Matters

    Imagine trying to buy groceries online, book a doctor’s appointment, or read the news—but being unable to do so because the website isn’t accessible. This is the reality for many people with disabilities. Web accessibility aims to remove these barriers, making sure websites are usable by all, whether someone is blind, deaf, has limited mobility, or faces cognitive challenges.

    It’s not just about compliance; it’s about creating a better experience for everyone. When websites are more accessible, they’re also more user-friendly. For example, features like closed captions help users with hearing impairments, but they’re also useful for anyone in a noisy environment.

    How the ADA Applies to the Digital World

    The ADA, passed in 1990, is a law meant to prevent discrimination against people with disabilities. While it initially focused on physical locations, it’s evolved to include digital spaces like websites, mobile apps, and online services.

    Title III of the ADA requires “places of public accommodation” to be accessible. While that originally meant places like stores and restaurants, the DOJ published guidance in 2022 confirming its position that the ADA does apply to websites, stating:

    “…the Department has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”

    – U.S. Department of Justice | Guidance on Web Accessibility and the ADA (2022)

    This shift is significant because it brings the same standards of accessibility that apply to physical spaces into the digital realm. If a website isn’t accessible, it could violate the ADA—leading to legal action.

    Key Lawsuits Driving Change

    Several high-profile lawsuits have set important legal precedents for web accessibility, encouraging businesses to prioritize digital inclusivity. Here are some of the most significant cases that have reshaped the digital landscape:

    Robles v. Domino’s Pizza (2019)

    In 2016, Guillermo Robles, a blind man, sued Domino’s Pizza because he couldn’t use their website or mobile app to order food. Robles relied on screen-reading software, but Domino’s website and app were not compatible with it, making the services inaccessible.

    The case went through multiple courts, with Domino’s arguing that the ADA did not clearly apply to websites. However, the Ninth Circuit Court of Appeals disagreed, stating that the ADA does cover websites and apps if they are closely tied to a physical location that serves the public. The U.S.

    Supreme Court declined to review the case, effectively affirming the lower court’s ruling. This landmark case established a strong precedent that digital services must be accessible, especially if they’re an extension of a physical business.

    Winn-Dixie Stores Inc. v. Gil (2017)

    In 2016, Juan Carlos Gil, a blind man who uses screen-reading software, attempted to access the website of the grocery chain Winn-Dixie but found it was incompatible with his software. Unlike Robles v. Domino’s, Winn-Dixie had no functional website components for users to complete transactions online; however, the website did allow users to refill prescriptions, access coupons, and find store locations—services that were considered extensions of its physical stores.

    The federal court sided with Gil, ruling that the website’s connection to the physical stores meant it had to comply with ADA requirements. Although the Eleventh Circuit later reversed this decision, arguing that websites themselves are not necessarily “places of public accommodation,” this case still sparked important conversations about digital accessibility. It highlighted that when a website is integral to a business’s services, it must meet accessibility standards.

    Bashin v. ReserveCalifornia.com (2023)

    Bryan Bashin, a blind user, filed a lawsuit against ReserveCalifornia.com, a state-run site responsible for booking campsites in California’s state parks. Bashin faced numerous challenges while using the website, including unlabelled buttons and forms that his screen reader couldn’t interpret. What made this case unique was that Bashin targeted not just the website itself, but also the state contractor responsible for the website’s development and maintenance.

    This lawsuit emphasized the importance of holding government contractors accountable for digital accessibility, setting a new precedent. The court ruled in favor of Bashin, making it clear that not only are government-run websites subject to ADA compliance, but so are third-party developers who manage public websites. This ruling added new pressure on contractors and developers to implement accessibility features from the start, ensuring that websites are built with inclusivity in mind.

    Evolving Legal Requirements for Web Accessibility

    As the number of ADA lawsuits grows, so do the legal requirements for web accessibility. While there’s no one-size-fits-all standard, the Web Content Accessibility Guidelines (WCAG) have become the go-to benchmark. These guidelines are designed to make websites more usable for people with disabilities and cover areas like:

    • Text Alternatives: Providing descriptive text for images, videos, and other non-text content.
    • Keyboard Accessibility: Ensuring users can navigate sites using only a keyboard.
    • Readable Fonts and Color Contrast: Make sure fonts are easy to read, and colors are distinguishable for people with vision impairments.
    • Video Captions and Transcripts: Offering captions for videos and transcripts for audio content.

    By aligning your website with these guidelines, you reduce the risk of legal challenges and create a better user experience for everyone.

    How Businesses Are Adapting

    As the legal landscape shifts, many businesses are taking proactive steps to ensure their websites comply with accessibility standards. Here are a few strategies they are employing:

    Investing in Training and Resources

    Many companies are now training their web development teams on accessibility standards. By understanding the principles of web accessibility, teams can create more inclusive websites from the ground up.

    Conducting Accessibility Audits

    Regular audits of websites can identify areas needing improvement. Companies are increasingly employing tools and experts to evaluate their sites against WCAG standards. This helps pinpoint issues like missing alt text or improper heading structures.

    Integrating Accessibility Features from the Start

    More businesses are making accessibility a priority during the design phase. This includes adding features such as keyboard navigation and ensuring that content is structured in an accessible way. By embedding these practices from the beginning, companies can avoid costly retrofits down the line.

    Engaging with the Community

    Some businesses are partnering with organizations that advocate for individuals with disabilities. By seeking feedback from actual users, they can better understand accessibility challenges and improve their websites accordingly. This not only leads to a better product but also fosters goodwill and loyalty among customers.

    Long-Term Implications for the Future of the Internet

    The growing emphasis on web accessibility has several long-term implications for the future of the Internet:

    Increased Awareness of Inclusivity

    As more companies recognize the importance of web accessibility, we will likely see a cultural shift in how businesses approach design and user experience. Prioritizing inclusivity can attract a broader audience and create loyal customers.

    Legal Precedents Will Shape Standards

    As more ADA lawsuits are filed, legal precedents will increasingly dictate what is considered acceptable in terms of web accessibility. Businesses will need to stay informed about these developments to avoid potential legal pitfalls.

    Technological Advancements

    The demand for accessible web design will likely spur innovation in technology and tools. We can expect new solutions that simplify the process of making websites accessible, from AI-driven accessibility checkers to improved assistive technologies.

    A Culture of Accessibility

    As web accessibility becomes a norm, future designers and developers will likely prioritize inclusivity from the outset. This could lead to a more inclusive internet overall, where all users can engage equally.

    Conclusion

    Web accessibility is reshaping the digital landscape, and it’s clear that the ADA’s influence is paving the way for a more inclusive internet. While compliance with these evolving standards may seem daunting, it’s ultimately about creating a digital environment where everyone can navigate and engage with ease. By enhancing accessibility, you’re not just adhering to legal requirements—you’re fostering a more user-friendly experience for all.

    Instead of seeing accessibility as a burden, consider it an opportunity to make your website more welcoming and effective. It’s a chance to lead by example and demonstrate your commitment to inclusivity. If you’re curious about where your website stands, scheduling an ADA briefing with 216digital can be a great first step. Let’s shift the focus from obligation to opportunity, one accessible website at a time.

    Greg McNeil

    October 22, 2024
    Legal Compliance, The Benefits of Web Accessibility
    ADA, ADA Compliance, ADA Lawsuit, Web Accessibility

  • Shifting the Mindset Around Website Accessibility

    When you think of “website accessibility,” what immediately comes to mind? For many, it may sound like a checkbox to mark off. But what if we transformed that mindset from an obligation to a valuable opportunity? Let’s delve into how shifting our perspective on accessibility can lead to enhanced experiences for all and generate significant value for businesses.

    The Current Mindset Around Website Accessibility

    Many website owners and content creators now think of web accessibility as something they “have to do.” It’s often seen as a set of rules to follow—like ensuring websites meet legal requirements or comply with the Americans with Disabilities Act (ADA). While meeting these standards is important, viewing accessibility solely as a legal obligation misses the bigger picture.

    Accessibility isn’t just about rules; it’s about making digital spaces welcoming for all. This includes people with disabilities who may use screen readers or other assistive technologies. When we think of it this way, we can start to see how accessibility can enhance the overall user experience, benefiting everyone—not just those with disabilities.

    The Value of Accessibility for All Users

    Imagine visiting a website that’s easy to navigate, with clear text and helpful features. Sounds great, right? That’s what accessibility brings—it makes online experiences better for everyone. When websites are designed with accessibility in mind, they become more user-friendly. This means people of all ages and abilities can find what they need quickly and easily.

    Think about a busy parent holding a baby in one arm and trying to use your site with one hand. Designs that make it easier to navigate with a keyboard or have larger buttons help them, just like they help users with motor difficulties.

    By embracing accessibility, you’re improving the experience for everyone. This leads to happier users, longer visits to your site, and more people doing what you hope they will—like making a purchase or signing up for a newsletter. When customers find your website easy to use, they’re more likely to come back and tell others about it.

    So, accessibility isn’t just about helping people with disabilities; it’s about enhancing the experience for everyone who visits your site.

    Accessibility as a Business Opportunity

    Now, let’s talk business. Making your website accessible isn’t just the right thing to do; it’s also a smart move. When you make your site easy for everyone to use, you show that your brand cares about inclusivity. This can boost your reputation and attract more customers.

    Market Potential

    Consider the market potential. People with disabilities have significant spending power. In the United States alone, they have an estimated $490 billion to spend. Globally, when you include their friends and families, this amount rises to an astounding $8 trillion, according to the Return on Disability Group. By making your website accessible, you’re reaching a market that’s often overlooked.

    Search Engine Optimization

    Accessibility also helps with search engine optimization (SEO), meaning your site can rank higher in search results. Many accessibility best practices—like using alt text for images, clear link texts, and well-structured content—also make your site easier for search engines to understand. This can lead to more people visiting your site, which can turn into increased sales and sign-ups.

    Mitigate Legal Risk

    Lawsuits related to web accessibility are on the rise. In the U.S., the number of ADA Title III lawsuits filed in federal court increased by over 100% from 2018 to 2023, according to Useablenet. By proactively addressing accessibility, you not only avoid potential legal costs but also demonstrate corporate responsibility, appealing to a broader audience and opening doors to new partnerships.

    Accessibility, Innovation, and Creativity for Problem Solving

    When we focus on accessibility, we often think about making things easier for people with disabilities. But what if we turned that around? Working on accessibility can spark new ideas and creativity within your team. This can lead to solutions that help all users and make your brand stand out.

    Some of today’s most popular technologies, like voice assistants and text messaging, were first developed to help people with disabilities but are now used by everyone. Designing with accessibility in mind encourages teams to think outside the box. For example, adding captions to videos not only helps those with hearing impairments but also makes your content more engaging and improves SEO.

    In a competitive market, new ideas are crucial to staying ahead. Accessibility challenges your team to consider different perspectives and needs. This can lead to fresh ideas and solutions that set your business apart.

    Connecting Accessibility with Corporate Social Responsibility

    Today’s consumers care about more than just the products they buy—they also care about the impact companies have on society. By focusing on web accessibility, you can strengthen your company’s commitment to social responsibility. It shows that you value diversity and inclusion, which can connect with customers who want to support businesses that share their values.

    A study by Cone Communications found that 87% of consumers would buy from a company that supports an issue they care about, and 76% would stop buying if they found out a brand acted against their beliefs. By making accessibility a priority, you’re showing a commitment to inclusion, which resonates with values-driven consumers.

    Accessibility isn’t just the right thing to do; it’s an important part of modern business ethics. It sends a message that your company wants to make a positive difference.

    From “Why” to “How”: Putting Website Accessibility into Action

    Changing how we view accessibility—from a duty to an opportunity—requires a new approach. By prioritizing web accessibility, your business can create better digital experiences for everyone while boosting your reputation and expanding your reach.

    So, how do you begin? Start small but think big:

    • Share Real-Life Stories: Use videos or testimonials that show how people with disabilities interact with digital content. Real stories have a way of making abstract concepts tangible. Seeing the difference their work makes can inspire your team to think creatively about building more accessible features.
    • Foster Cross-Department Collaboration: Accessibility should be a shared responsibility. Bring together designers, developers, marketers, and content creators to ensure accessibility is part of every stage of a project. This holistic approach helps create a seamless, inclusive experience for users.
    • Integrate Accessibility Into Your Core Strategy: Make accessibility a crucial part of your business strategy and product development. Don’t treat it as an add-on or afterthought. Prioritize accessibility from the beginning of your planning process—whether it’s for a website redesign, a new product launch, or a marketing campaign.
    • Keep Accessibility Up to Date: Accessibility isn’t a one-time effort. Schedule regular audits to review your website, apps, and other digital content. Stay informed about changing accessibility standards and emerging best practices to make sure you’re continually improving.

    Ready to take the next step? Schedule an ADA briefing with 216digital today. Our experts will walk you through the essentials of web accessibility, help identify gaps, and show you how it can become a key driver of growth for your business. Let’s turn this obligation into a lasting opportunity!

    Greg McNeil

    October 17, 2024
    The Benefits of Web Accessibility
    Accessibility, ADA Compliance, SEO, UX, WCAG, Website Accessibility
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