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  • Retail Accessibility: Avoiding Common Pitfalls

    The internet is overflowing with retail opportunities, but one crucial element often gets overlooked: accessibility. For online retailers, making your website accessible isn’t just about complying with legal requirements—it’s about expanding your customer base and delivering a better shopping experience for everyone. So, how can you ensure your online store is open to all shoppers and avoid common accessibility pitfalls? Let’s dive into the essentials.

    Why Accessibility Matters for Online Retailers

    Web accessibility means making sure everyone, including people with disabilities, can easily use and navigate your site. In the world., about 15% of the population lives with some form of disability. By ensuring your website is accessible, you’re tapping into a market with immense buying power—people with disabilities control over $6 trillion in spending globally!

    But beyond opening your business to a broader audience, accessibility is also about staying compliant with laws like the Americans with Disabilities Act (ADA). In 2023, 82% of ADA lawsuits were related to web accessibility issues in the retail industry, affecting both large and small businesses alike. If your website isn’t accessible, you’re not just missing out on customers—you could also be facing legal risks.

    The Web Accessibility Guidelines

    The Web Content Accessibility Guidelines (WCAG) are the foundation for creating an accessible website. These guidelines revolve around four main principles, often referred to as POUR:

    • Perceivable: Content must be presented in a way that all users can perceive, whether visually or audibly.
    • Operable: Your site should be fully navigable, whether users are using a mouse, keyboard, or assistive technologies.
    • Understandable: Your content should be easy to comprehend and navigate.
    • Robust: Your website should work well with a variety of assistive tools, like screen readers.

    For retailers, aiming for WCAG 2.1 Level AA compliance is a great starting point, and it’s the level referenced by most legal frameworks for web accessibility.

    Steps for Online Retailers to Improve Accessibility Right Now

    Improving your website’s accessibility might sound like a big task, but it’s more manageable than you think. Here are some quick and effective steps to make your site web accessible:

    Auditing Retail Sites for Accessibility Issues

    The first step is knowing where your site stands. Start with automated tools like Lighthouse or WAVE to flag common issues, such as missing image descriptions or poor color contrast. Then, dive deeper with manual testing, working with accessibility experts to uncover more subtle barriers, like challenges with forms or navigation.

    Make Visual Content Accessible

    People with visual impairments rely on alt text to understand images, so be sure to include detailed alt descriptions for all meaningful visuals. For example, instead of a vague description like “product,” use something more specific like “Blue ceramic coffee mug with a handle.” This simple change helps users with screen readers understand what’s being shown.

    Don’t forget about video content! WCAG guidelines require captions for pre-recorded audio in videos. Ensure that auto-generated captions, like those from YouTube, are accurate, and provide transcripts for podcasts to make all media accessible.

    <img src="coffee-mug.jpg" alt="Blue ceramic coffee mug with a handle">
    <video controls>
      <track kind="captions" src="captions_en.vtt" srclang="en" label="English">
    </video>

    Optimize Website Navigation and Structure

    Some users navigate your site without a mouse, relying solely on their keyboard. Make sure your site can be fully navigated using just a keyboard, with elements like menus, buttons, and forms accessible through “tab” key navigation. Also, ensure every interactive element has a visible focus indicator, like a border around buttons or links, so users can easily see where they are on the page.

    button:focus, a:focus {
      outline: 2px solid #ffcc00; /* Provides a visible focus indicator */
    }

    Improve Form Accessibility

    Checkout forms can be a stumbling block for accessibility, especially if they aren’t screen reader-friendly. Make sure all form fields have clear labels and that error messages don’t rely solely on color. For example, instead of just using a red outline to indicate a required field, include a text message like “This field is required” to make the error clear for all users.

    <form>
      <label for="email">Email:</label>
      <input type="email" id="email" name="email" required>
      <span class="error" role="alert">This field is required</span>
    </form>

    The Retail Shopping and Checkout Process

    Imagine trying to check out but not knowing where you are in the process—frustrating, right? Break your checkout process into clear, labeled steps and ensure it’s compatible with assistive technologies. Also, consider adding alternative payment methods like PayPal, Google Pay, or Apple Pay to improve usability for all customers.

    To meet WCAG SC 2.4.4 standards, you can use visual breadcrumbs or progress indicators to let users know where they are in the checkout process.

    <nav aria-label="Breadcrumb">
      <ol>
        <li><a href="/cart">Cart</a></li>
        <li><a href="/shipping">Shipping</a></li>
        <li aria-current="page">Payment</li>
      </ol>
    </nav>

    Implement ARIA Landmarks and Roles

    ARIA (Accessible Rich Internet Applications) landmarks and roles help assistive technologies identify key sections of your page. For instance, wrapping your site’s header in a role="banner" helps screen readers identify it as the main header, making it easier for users to navigate through your site.

    <header role="banner">
      <nav role="navigation">
        <ul>
          <li><a href="/home">Home</a></li>
          <li><a href="/products">Products</a></li>
        </ul>
      </nav>
    </header>

    Testing and Ongoing Monitoring for Retailers

    Web accessibility isn’t a one-time fix—it’s an ongoing process. Retail websites are constantly changing. Regular testing and monitoring are essential to ensuring that those updates or changes to your site don’t introduce new accessibility barriers. Tools like 216digital’s a11y.Radar can help you stay on top of accessibility issues with automated scans and detailed reports, making it easier to maintain a compliant and user-friendly website as new content is added.

    Partnering with Accessibility Experts

    If all of this sounds overwhelming, you don’t have to go it alone. Partnering with accessibility experts can fast-track your progress. Whether you need a thorough audit, code remediation, or ongoing support, companies like 216digital specialize in helping retail sites meet web accessibility standards. They can ensure your site is not only compliant but also delivers a seamless, enjoyable shopping experience for all users.

    Accessibility Overlays: A Quick Fix or a Long-Term Solution?

    You might have heard about accessibility overlays—tools that promise a quick fix for all your accessibility needs. While these overlays might sound tempting, they often fall short. Overlays can miss deeper, underlying issues with your website’s code and design, leaving you vulnerable to ADA lawsuits. In fact, 933 companies were sued last year after installing overlay solutions and many accessibility experts caution against relying on them as a long-term solution.

    Instead, focus on making meaningful changes to your website’s design and functionality. Overlays might be a temporary patch, but they shouldn’t replace a full accessibility strategy.

    Check Accessibility Off Your Shopping List

    By making your website accessible, you’ll not only increase your customer base but also create a better shopping experience for everyone. Accessibility is a journey, and it’s one worth taking. Follow the steps outlined above, test your site regularly, and don’t hesitate to partner with experts to ensure your site stays compliant and user-friendly.

    To help you get started on the right path, consider scheduling an ADA briefing with 216digital. Our team of experts can walk you through the latest accessibility guidelines, provide actionable insights, and show you how to ensure your site complies with ADA standards.

    Online shopping should be for everyone, so let’s make it happen together!  

    Greg McNeil

    October 16, 2024
    How-to Guides, Legal Compliance, WCAG Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, ecommerce website, Retail, WCAG
  • The Dos and Don’ts of Using Tabindex

    Running a website, whether for an online store or a blog, means thinking about your users—including making your site accessible to everyone. You want as many people as possible to engage with your site, and that includes those who rely on keyboard navigation or assistive technologies.

    One minor but powerful way to improve web accessibility is by using the tabindex attribute. Let’s take a closer look at the tabindex attribute, how it works, and why it’s essential for making your website more user-friendly and accessible.

    What Is the Tabindex Attribute?

    The tabindex attribute is an HTML attribute that helps control the order in which users can move between interactive elements—like links, buttons, and form fields—using just the keyboard. For users who either can’t or prefer not to use a mouse, the ability to navigate a site using the “Tab” key is essential. This group includes people with motor disabilities, vision impairments, or even people using devices where a mouse isn’t an option.

    When you press the Tab key, your focus (i.e., where your keyboard inputs go) jumps to the next interactive element on the page. By default, browsers follow a logical order based on the structure of the page’s HTML, starting from the top of the page and moving down. But sometimes, you’ll want to fine-tune that order, and this is where the tabindex attribute comes into play.

    How Does Tabindex Work?

    There are a few different values you can assign to the tabindex attribute, each of which affects how elements are navigated:

    • tabindex= "0": This means the element will follow the natural tab order as defined by the document’s structure, but it ensures that the element is focusable.
    • tabindex= "-1": This removes an element from the tab order, making it not focusable via the keyboard, but it can still be focused by other methods (like using JavaScript). This is useful for things like modal windows, which you only want to be accessible in specific scenarios.
    • Positive tabindex values (e.g., tabindex= "1" ): Using positive values lets you create a custom tab order. Only use positive tabindex values if you know what you’re doing!

    Best Practices for Using Tabindex

    If you’re new to using the tabindex attribute, it might seem simple at first glance, but there are a few essential best practices to follow. These will help you avoid common pitfalls and ensure your site remains accessible and easy to navigate.

    Stick to tabindex= "0" for Most Cases

    When you want to make an element focusable, it’s almost always best to use tabindex= "0". This keeps the element in the natural tab order, ensuring users can move through the page logically. Using higher positive values to create a custom order can confuse users, especially those using assistive technologies like screen readers.

    Here’s an example of how to use tabindex= “0”:

    <div role="button" tabindex="0">Submit</div>
    <a tabindex="0">Learn more</a>

    Use tabindex= "-1" for Hidden or Conditional Elements

    Some elements shouldn’t be part of the regular tab order until they’re needed. For example, if you have a modal that opens up after a button is clicked, it doesn’t make sense for a modal to be focusable before it’s visible. This is where tabindex= "-1" is useful.

    Here’s how you might use it for a modal:

    <div id="myModal" tabindex="-1">
      <p>This is a modal window.</p>
      <button>Close</button>
    </div>

    When the modal is triggered (through JavaScript), you can set focus to it programmatically:

    document.getElementById('myModal').focus();

    This ensures the modal is accessible when needed without cluttering the tab order when it’s not.

    Test Your Website with Keyboard-Only Navigation

    A simple but effective way to check if your tabindex usage is on point is to navigate your site using only the keyboard. Press the Tab key to move forward through the interactive elements, and use Shift+Tab to go backward. Does everything flow smoothly? If you find yourself jumping around the page or missing critical elements, it might be time to revisit your tab order.

    Common Mistakes to Avoid

    While the tabindex attribute is incredibly useful, it’s also easy to misuse. Here are some common mistakes you’ll want to steer clear of:

    Overusing Positive Tabindex Values

    It might be tempting to assign custom tab orders everywhere, but overdoing it can lead to a confusing and inconsistent experience. Stick with the natural tab order unless you have a compelling reason to change it.

    Skipping Interactive Elements

    Make sure that all essential interactive elements—like buttons, form fields, and links—are keyboard-focusable. You don’t want users who rely on keyboard navigation to miss important parts of your site because they’ve been removed from the tab order.

    Using Tabindex Instead of Proper HTML

    It’s always best to use semantic HTML first. Instead of creating a clickable div with a tabindex= "0", use an actual <button> or <a> element. Not only does this help with accessibility, but it also provides better browser support and consistency across devices.

    How Does Tabindex Relate to Web Accessibility Guidelines?

    You’ve probably heard of the Web Content Accessibility Guidelines (WCAG) if you’ve been reading up on accessibility. These guidelines are designed to make web content more accessible to people with disabilities, and they’re the foundation of legal requirements like the Americans with Disabilities Act (ADA).

    When it comes to keyboard navigation, WCAG has some specific guidelines that tabindex helps address:

    • WCAG 2.1.1 Keyboard: All site functionality should be operable through a keyboard interface.
    • WCAG 2.4.3 Focus Order: Navigating through content should follow a logical order that doesn’t confuse the user.

    Using tabindex correctly is a step toward ensuring that your website meets these standards, helping you create a more inclusive and legally compliant experience.

    Tabbing It All Together

    The tabindex attribute is a powerful yet often overlooked tool in web accessibility. When used correctly, it not only aids users with visual or motor impairments but also enhances the overall user experience for everyone navigating your site. Ensuring that your website is accessible isn’t just about compliance with standards like WCAG and ADA—it’s about making your content reachable and usable for all.

    Ready to make your website more inclusive and user-friendly? Schedule an ADA briefing with 216digital today. Our team of experts will guide you through the nuances of web accessibility, helping you implement best practices like proper tabindex usage. Let us help you create a more inclusive and legally compliant digital space. 

    Bobby

    October 15, 2024
    How-to Guides
    Accessibility, ADA Compliance, How-to, tabindex, WCAG, web development
  • Debunking Common WCAG Myths

    When it comes to digital accessibility, misconceptions can lead businesses astray, leaving them vulnerable to compliance issues and missed opportunities. From believing that automated tools can handle everything to thinking that accessibility compromises design, these myths often create unnecessary hurdles. The truth? Achieving web accessibility is not only possible but it can also be seamlessly integrated into your existing processes.

    Let’s debunk some of the most common myths about the Web Content Accessibility Guidelines (WCAG) so your business can take the right steps toward an accessible and inclusive online experience.

    Myth 1: Conformance with WCAG = Compliance with Accessibility Laws

    One of the most prevalent misconceptions is that adhering to WCAG automatically means compliance with all accessibility laws. While WCAG is widely recognized and often used as a benchmark for accessibility, it is important to note that WCAG conformance is not the same as legal compliance.

    The Reality

    Different countries have varying legal standards for accessibility, and while WCAG is used as a framework, laws such as the Americans with Disabilities Act (ADA) in the U.S. or the European Accessibility Act (EAA) in Europe may have their interpretations and requirements. For example, the ADA doesn’t explicitly mention WCAG, but U.S. courts frequently use WCAG as the gold standard for determining accessibility in lawsuits.

    Therefore, WCAG conformance is essential to achieving legal compliance, but it’s not the only factor. Businesses must stay informed about relevant accessibility laws in their jurisdiction to ensure full compliance.

    Myth 2: Automated Tools are All I Need to Conform with WCAG Guidelines

    Many organizations believe that using automated tools is enough to ensure compliance with WCAG. Automated testing can catch many accessibility issues, but relying solely on these tools is a mistake.

    The Reality

    Automated tools are a valuable first step in identifying accessibility issues, such as missing alt text or incorrect HTML elements. However, they cannot fully capture the complexity of human interactions with a website. Accessibility involves factors such as the ability to navigate a site using a keyboard, how intuitive the content is, and whether assistive technologies like screen readers can interpret the content correctly. These are challenges that require manual testing by actual users with disabilities.

    Automated testing, manual audits, and user testing with people who rely on assistive technologies are essential to achieving WCAG compliance.

    Myth 3: WCAG is a ”One-and-Done”Checklist

    Some businesses think that WCAG is a static checklist that, once completed, guarantees permanent accessibility.

    The Reality

    Digital accessibility is an ongoing process. Websites are living entities that change over time—content updates, new features, or design overhauls. Each change presents the possibility of new accessibility barriers. Furthermore, the WCAG evolves, with updates to reflect new technologies and user needs (e.g., the transition from WCAG 2.0 to WCAG 2.2 with WCAG 3.0 in development).

    To maintain compliance, businesses must regularly audit their digital products and ensure that any updates meet the latest WCAG standards. Accessibility should be baked into your organization’s development workflow and continuously revisited.

    Myth 4: Only Businesses Who Serve the Disability Community Need to Follow WCAG

    A common misconception is that only organizations that cater specifically to people with disabilities need to worry about WCAG compliance.

    The Reality

    Every business with an online presence should ensure digital accessibility. Over 1 billion people worldwide have some form of disability, which means that nearly every industry has potential customers who need accessible digital experiences. Additionally, in many jurisdictions, accessibility laws apply to many businesses, not just those explicitly serving the disability community.

    Web accessibility also benefits a broader audience. For instance, captions on videos can help non-native speakers and accessible forms can improve the experience for all users, regardless of ability.

    Myth 5: WCAG Guidelines Will Decrease My Site’s Visual Appeal

    There’s a lingering belief that making a website accessible according to WCAG guidelines will compromise its design and visual appeal.

    The Reality

    Accessibility and good design go hand in hand. WCAG guidelines promote clarity, simplicity, and ease of use—principles that enhance a website’s user experience. Accessible design doesn’t mean dull or unattractive; it means that the site is intuitive and easy to navigate for all users.

    Elements like sufficient color contrast, straightforward typography, and intuitive navigation are central to accessibility and aesthetics. Many visually stunning websites are entirely WCAG compliant by incorporating a design that benefits all users without sacrificing creativity or brand identity.

    Myth 6: Implementing WCAG Guidelines is Expensive, Time-Consuming, and Resource-Intensive

    Some businesses fear that conforming to WCAG guidelines will be a costly, laborious process that demands a complete overhaul of their digital properties.

    The Reality

    While achieving compliance requires time and resources, it can mean something other than a complete redesign or massive financial outlay. Many accessibility fixes—like adding alt text to images or improving color contrast—are relatively straightforward and inexpensive. Additionally, non-compliance costs, such as legal fees, lost customers, and reputational damage, far outweigh the costs of becoming compliant.

    Moreover, integrating accessibility into your development process early on can make future compliance more accessible and cost-effective. Accessibility becomes much more expensive when treated as an afterthought or an add-on rather than part of the core design and development strategy.

    How to Make Accessibility Achievable for Every Business

    Debunking these myths is essential to understanding that WCAG compliance and digital accessibility are achievable for businesses of all sizes. Here are a few practical ways to approach accessibility:

    1. Start Small, Scale Up: If you’re overwhelmed by the scope of WCAG guidelines, start with the most critical aspects and gradually expand your efforts. Begin by addressing the most common accessibility barriers, such as text alternatives and keyboard navigation.
    2. Leverage External Expertise: Consider partnering with a digital accessibility expert. External accessibility consultants like 216digital bring specialized knowledge of WCAG guidelines and accessibility testing methods. They can help identify issues, prioritize fixes, and provide ongoing monitoring to ensure your site remains accessible.
    3. Use a Hybrid Testing Approach: Combine automated tools with manual and user testing by people with disabilities. Automated tools can handle repetitive checks, but manual testing is vital for uncovering issues that require human judgment and assistive technology testing.
    4. Plan for Accessibility from the Start: Integrate accessibility into your design and development process early on. This proactive approach reduces the time and cost of retrofitting accessibility into a live product.
    5. Commit to Continuous Improvement: Remember, digital accessibility isn’t a one-time project—it’s an ongoing commitment. Regular audits, training for your team, and staying informed about the latest WCAG updates will ensure you remain compliant over time.

    Accessibility is Within Reach

    Understanding these common misconceptions about WCAG and digital accessibility is just the beginning. The path to compliance and creating a truly accessible digital experience requires a tailored, proactive approach. At 216digital, we help businesses not only meet WCAG standards but also navigate the complexities of accessibility laws to protect themselves from costly litigation and better serve all users.

    Ready to take the next step? Schedule an ADA briefing with our team to ensure your digital presence is compliant, inclusive, and future-proof. Together, we can make accessibility achievable for your business.

    Greg McNeil

    October 11, 2024
    WCAG Compliance
    ADA Compliance, WCAG, WCAG Compliance, Web Accessibility, Website Accessibility
  • Digital Accessibility Lawsuit Targets Contractors

    The recent case of Bryan Bashin vs. ReserveCalifornia.com has opened the door to a new type of accessibility lawsuit. It’s not just website owners being held accountable—government contractors who build and maintain websites are now in the spotlight too.

    This case is important for developers, designers, and accessibility experts working on government websites, as it sets a strong example of what can happen when accessibility isn’t prioritized. More importantly, it serves as a wake-up call for businesses and contractors alike to understand that accessibility is not just an option but a legal necessity. Failure to comply with accessibility standards could result in costly lawsuits and reputational damage.

    In today’s digital world, ensuring that everyone, including people with disabilities, can use your website is not just good practice—it’s the law.

    Case Overview: A New Direction

    Bryan Bashin, who is visually impaired, sued ReserveCalifornia.com, claiming the site was inaccessible to people with disabilities. This violated both the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act. What made this case different? Bashin didn’t go after the website owner, California State Parks—he targeted the contractors who created and managed the site.

    ReserveCalifornia.com is a key website for booking campsites and other outdoor activities in state parks. Because it wasn’t fully accessible, users who depend on assistive technologies, like screen readers, had trouble navigating it. By focusing on the developers, Bashin’s lawsuit sends a clear message: if you’re responsible for public websites, you must meet digital accessibility standards—or you could face legal action.

    The Laws: Unruh Act and ADA Title II

    This case relies on two important laws: California’s Unruh Civil Rights Act and the updated ADA Title II rules for government websites.

    • Unruh Act: This California law allows people with disabilities to sue organizations that don’t make their services accessible. Bashin used this law to seek damages, which gave him additional legal options beyond the federal ADA.
    • ADA Title II: This part of the ADA focuses on making sure government services, programs, and activities—including websites—are accessible. Recent updates have strengthened these rules, making it clear that public websites must meet accessibility standards. Bashin’s lawsuit shows how these laws are evolving, putting contractors in the spotlight.

    What It Means for Web Developers: Widespread Impacts

    While this lawsuit happened in California, its effects could reach across the country. The Unruh Act may be specific to California, but ADA Title II applies nationwide. Developers working on public sector projects need to understand that ignoring accessibility could lead to serious risks, especially as more governments crack down on non-compliance.

    Developers and contractors are expected to follow the Web Content Accessibility Guidelines (WCAG), the international standard for digital accessibility. Not meeting these standards puts them at risk of lawsuits like Bashin’s, and the $2 million settlement in this case shows that courts are willing to hold developers accountable.

    What is the WCAG?

    WCAG is the go-to guide for making websites accessible to people with disabilities, such as those who are blind, deaf, or have cognitive challenges. It focuses on making content:

    • Perceivable: Users must be able to experience content, whether through text, images, or other formats like captions.
    • Operable: Users should be able to navigate the site with different tools like a mouse, keyboard, or voice commands.
    • Understandable: The site’s information and operations should be clear and easy to use.
    • Robust: The site should work with current and future assistive technologies.

    For developers, following WCAG not only ensures legal compliance but also opens websites to a wider audience and improves overall user experience.

    Why WCAG Matters

    You might ask yourself, “Why should I care about WCAG compliance?” First and foremost, it helps make your website accessible to a wider audience. If your site isn’t usable for people with disabilities, you could be missing out on potential customers. In a digital age where online shopping and information-seeking are essential, excluding anyone based on accessibility is not just unfair—it’s bad for business.

    Moreover, the Bashin case shows that failing to meet accessibility standards can lead to legal consequences. As more digital accessibility lawsuits arise, companies that don’t prioritize compliance could face significant financial penalties. By adhering to WCAG guidelines, you protect yourself from legal issues and show that you care about your users.

    Best Practices for Developers and Digital Accessibility Experts

    Bashin’s case is a reminder that developers and consultants must make digital accessibility a priority from the start. It’s no longer enough to just create a good-looking or functional website—it has to work for everyone, including people with disabilities.

    Here’s what developers and business owners should focus on:

    • WCAG Knowledge: Work with developers who understand WCAG standards and have experience making accessible sites.
    • Conduct a Website Audit: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast.
    • Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about digital accessibility.
    • Ongoing Monitoring: Accessibility isn’t a one-time job. Websites need regular testing to stay compliant. This proactive approach helps prevent potential violations before they lead to costly lawsuits.
    • Stay Informed and Up-to-Date: Digital accessibility standards and regulations change over time. Make any necessary updates to your website to remain compliant.

    The Bigger Picture: Nationwide Repercussions

    The Bryan Bashin vs. ReserveCalifornia.com case is a strong reminder for developers everywhere: accessibility is no longer optional. By holding government contractors accountable for digital accessibility violations, this case sets a powerful precedent. Developers and accessibility experts must be proactive and make sure all public-facing websites—especially those for government services—comply with WCAG and other accessibility standards. The future of digital accessibility enforcement is here, and developers need to stay ahead to avoid costly legal risks.


    To avoid the risks of costly legal action and make sure your website is accessible to everyone, now is the time to act. Find out if your website is ADA compliant today by scheduling a 15-minute complimentary website audit and consultation with our experts at 216digital. We can help determine if your site is at risk of a lawsuit and provide fast, effective ADA compliance solutions so you can focus on what matters most: running your business.

    Greg McNeil

    October 10, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Bryan Bashin vs. ReserveCalifornia.com, Unruh Civil Rights Act, web developers
  • Web Accessibility Overlays: A False Sense of Security

    As a website owner, you likely recognize the growing need to make your site accessible to everyone, including individuals with disabilities. With increased emphasis on ADA compliance, you may have encountered web accessibility overlays—automated tools that offer quick-fix solutions.

    While they might seem like a convenient solution, these overlays can create significant pitfalls that could leave you vulnerable to legal risks and fail to provide true accessibility.

    In this article, we’ll explore why relying on overlays could lead to a false sense of security and why a more comprehensive approach to addressing web accessibility is critical.

    What Are Web Accessibility Overlays?

    Overlays are software solutions that scan websites for barriers and apply superficial fixes with minimal user involvement. Their promise is simple: They claim to help your site meet Web Content Accessibility Guidelines (WCAG) and ADA standards, making your content more accessible.

    At first glance, overlays seem appealing, with features like adjustable text sizes and color contrast options. However, they fail to deliver a truly inclusive online experience. While some surface level issues can be address, deeper accessibility barriers are frequently ignored or mishandled.

    The Illusion of ADA Compliance

    The biggest misconceptions surrounding web accessibility overlays is that they will guarantee ADA compliance. The harsh reality is that ADA compliance is multifaceted and cannot be achieved through automated fixes alone.

    True web accessibility goes far beyond superficial adjustments. It requires a detailed understanding of the diverse barriers people with disabilities face when interacting with digital content. Overlays, which only focus on cosmetic changes, leave significant gaps in compliance, neglecting critical components of accessibility. Unfortunately, this gives many website owners the false impression that their sites are fully compliant when, in fact, they still fall short in several critical areas.

    Automated Fixes Miss Critical Issues

    While overlays can identify some common accessibility problems, they rely too heavily on automation, often leading to overlooking essential elements.  

    Here are some areas where they typically fall short:

    • Semantic HTML: Using HTML elements correctly ensures that people using screen readers and other assistive technologies can understand your website’s content. Overlays cannot address issues like improper heading structures or missing ARIA labels.
    • Alt Text for Images: Descriptive alt text provides essential context for visually impaired users. Automated tools can only see that they are missing. They cannot interpret the meaning or purpose of the image to generate meaningful descriptions.
    • Keyboard Navigation: Many users are unable to use a mouse, requiring them to navigate a website through the use of a keyboard. To make a website accessible through keyboard navigations corrections must be made on a code level. As discussed above, overlays can only make superficial changes, and cannot make changes directly to the code.

    By relying on these automated solutions, you may inadvertently overlook crucial aspects of web accessibility, leaving your site vulnerable to an ADA lawsuit.

    The False Sense of Security

    The use of web accessibility overlays can foster complacency, leading to a false sense of security. The mere presence of an overlay might make you believe your site is fully accessible, yet significant barriers may still be lurking beneath the surface.

    This illusion is particularly dangerous. If your overlay doesn’t meet full accessibility standards, your website remains non-compliant with the ADA and other state regulations. As a result, businesses that thought they were protecting themselves with an overlay can find themselves in court, dealing with expensive settlements and lasting damage to their reputation.

    In fact, 20% of all accessibility-related lawsuits this year targeted websites using these so-called “accessibility solutions,” and that number continues to grow. Relying solely on overlays not only fails to address critical accessibility issues but also opens the door to legal risks.

    True web accessibility is not a one-time fix; it requires ongoing attention, regular audits, and user feedback. Overlays might provide a band-aid solution, but they can prevent you from developing a genuine commitment to accessibility, which is vital for both compliance and user experience.

    A Human-Centered Approach to Web Accessibility

    To meet the needs of all users and ensure ADA compliance, businesses must adopt a comprehensive, human-centered approach to web accessibility. Here are a few critical steps to achieving this:

    • Understand Web Accessibility Guidelines: WCAG is a set of standards designed to make web content more accessible. Familiarize yourself with these guidelines to understand what needs to be done. They cover aspects like text readability, alternative text for images, and keyboard navigation.
    • Conduct a Website Audit: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
    • Engage with Users: Real feedback from individuals with disabilities is invaluable. Understanding their experiences navigating your site will provide critical insights for meaningful improvements.
    • Train Your Team: Train your staff, especially those involved in website management and content creation, about web accessibility principles and best practices. This knowledge is essential to maintaining an accessible online experience over time.
    • Ongoing Monitoring: Compliance is not a one-time task. This proactive approach helps prevent potential violations before they lead to costly lawsuits.

    By prioritizing a human-centered approach, you can create an online environment that truly serves all users rather than settling for a quick-fix solution that only gives the illusion of compliance.

    216digital’s Approach to Web Accessibility

    At 216digital, we understand that genuine web accessibility requires more than just automated tools. Our comprehensive, human-centered approach goes beyond quick fixes to provide long-lasting solutions that focus on risk mitigation and compliance with WCAG 2.1/2.2 AA standards. 

    Through  a11y.Radar, we offer ongoing monitoring, ensuring your website remains compliant and accessible to all users. By emphasizing thorough auditing and remediation services, we help businesses not only meet legal requirements but also tap into the underserved market of individuals with disabilities.

    Our approach is built around long-term accessibility, protecting your business from potential lawsuits and positioning you to serve a broader, more inclusive audience better.

    Conclusion

    Web accessibility overlays may seem like an easy answer, but they often fall short of delivering the accessibility experience your users need and the compliance your business requires. Relying solely on these tools could leave your website open to legal risks and frustrate users with disabilities who still encounter barriers on your site.

    At 216digital, we’re here to help you navigate the complexities of ADA compliance with a human-centered approach. Schedule an ADA briefing with our team today to ensure your website is fully accessible, compliant, and welcoming to every visitor. Don’t settle for quick fixes—invest in meaningful accessibility that makes a real difference.

    Greg McNeil

    October 8, 2024
    Legal Compliance, WCAG Compliance
    ADA Compliance, ADA Lawsuit, Overlay widgets, Overlays, Web Accessibility
  • The Hidden Accessibility Barriers in Popular Plugins

    Plugins offer an easy way for blogs or e-commerce websites to add helpful functionality like newsletter signups, product filters, or bundles to their website without paying costly development fees. But while these popular plugins promise seamless user experiences, many hide serious accessibility barriers that can exclude people with disabilities from entirely using your site.

    Even if you follow accessibility guidelines and best practices throughout your site, plugin vendors may not do the same, which causes your website to become non-conformant despite your excellent work. Understanding how plugins can impact web accessibility is essential to maintaining an accessible website, even if you install them to accomplish simple tasks.

    Let’s explore the common accessibility pitfalls of plugins and what you can do to avoid introducing accessibility errors on your website when utilizing them.

    What Are Plugins, and Why Do They Matter for Accessibility?

    Plugins are pre-built software modules you can add to your website to perform specific tasks. Whether improving SEO, adding an image slider, or embedding a social media feed, plugins extend your website’s features without needing custom development.

    However, plugins don’t always come with accessibility in mind. Many developers focus on functionality and design, overlooking essential elements that make their plugins usable for all, especially people with disabilities who use assistive technology.

    Plugins become a problem when they introduce barriers that prevent users from navigating or interacting with your site. Even if the rest of your website is built according to accessibility standards, a plugin can break that accessibility with one update or feature.

    Common Accessibility Barriers in Popular Plugins

    So, what does an inaccessible plugin look like? These issues can be subtle and not immediately apparent to someone without accessibility experience. Here are a few common barriers often found in popular plugins:

    1. Poor Keyboard Navigation

    Many users with mobility impairments or visual disabilities rely on a keyboard to navigate a website. A plugin that lacks proper keyboard navigation can make it impossible for these users to interact with your site. For example, sliders, pop-up forms, or dropdown menus in some plugins may trap keyboard users, preventing them from moving between page elements using the Tab key.

    One primary culprit is the “tabindex” attribute, which allows developers to control the order in which interactive elements are focused. Some plugins misuse this attribute, causing the focus to jump around illogically, making navigation difficult or impossible.

    2. Lack of ARIA Landmarks and Roles

    ARIA (Accessible Rich Internet Applications) roles and landmarks are essential for users who navigate using screen readers. These assistive technologies rely on ARIA to communicate the structure and purpose of elements on the page. When plugins don’t correctly implement ARIA roles—such as mislabeling buttons or failing to designate headings—it becomes harder for users to understand the content.

    For instance, a popular image gallery plugin may not correctly assign ARIA roles to buttons for navigating between photos. To a screen reader user, those buttons may be entirely invisible, making the gallery feature inaccessible.

    3. Inconsistent Focus Indicators

    Focus indicators are visual cues that help users see which element on the page is currently selected, such as a glowing outline around a button. These indicators are crucial for keyboard users, but many plugins either remove or don’t include focus indicators at all, leaving users stranded without knowing where they are on the page.

    A typical example is sliders that fail to highlight which slide is active or forms where the submit button doesn’t show any visual indication of focus.

    4. Non-Semantic HTML and Improper Heading Structure

    Semantic HTML, which uses elements like <nav>, <article>, and proper headings (<h1>, <h2>), helps assistive technologies interpret content. Unfortunately, some plugins rely on non-semantic HTML—like using <div> or <span> elements for interactive content or headings—which screen readers may not understand as intended.

    For example, a form plugin that uses <div> for form fields instead of <label> elements makes it difficult for screen readers to identify the label of each field, leading to confusion for the user.

    5. Missing or Incorrect Alt Text

    Images used in plugins, especially image-heavy ones like sliders or galleries, often lack alternative text. Alt text is essential for visually impaired users who rely on screen readers to describe the content of images. Without it, users are left in the dark about the purpose of the images in the plugin.

    Some plugins automatically generate alt text, but they may do so incorrectly—using file names or generic labels like “image123,” which provide no meaningful information to users.

    WCAG Guidelines: How Plugins Often Fall Short

    The Web Content Accessibility Guidelines (WCAG) are the gold standard when it comes to web accessibility, but many plugins fail to meet these guidelines. Here’s how:

    Perceivable

    Plugins often fail to provide text alternatives for non-text content, like images and icons. This makes it impossible for screen readers to convey the content to users who are blind or have low vision.

    Operable

    As mentioned, poor keyboard navigation is a major issue with plugins. Any plugin that doesn’t allow users to operate all of its functions via keyboard alone falls short of this WCAG principle.

    Understandable

    Plugins that misuse ARIA roles or use non-semantic HTML can create confusion for users of assistive technology, making the content harder to understand.

    Robust

    Many plugins don’t integrate well with assistive technologies. A plugin that only works in one browser or on certain screen readers is not robust enough to be considered accessible.

    How to Handle Inaccessible Plugins

    So, what should you do if you suspect that a plugin on your site is inaccessible? Here are a few practical tips:

    1. Evaluate the Plugin for Accessibility Barriers

    First, you’ll want to check to see if the plugin vendor has any posted policies or guidance regarding web accessibility. After that, you can install the plugin in a test environment and use standard evaluation tools such as WAVE or Google Lighthouse to determine if any issues appear.

    2. Consider Replacing the Plugin with an Accessible Alternative

    If you find that a plugin is inaccessible, consider replacing it with a more accessible competitor. For example, there are many form, slider, and gallery plugins designed with accessibility in mind. These often prioritize compliance with WCAG guidelines, making it easier for your site to remain accessible.

    3. Reach Out to Plugin Developers

    If you’re committed to a specific plugin that has accessibility issues, don’t hesitate to reach out to the developer. Politely inform them of the barriers their plugin creates and ask if they have plans to address accessibility in future updates. Many developers are open to feedback and may not be aware of the issues until they are brought to their attention.

    4. Use ARIA Landmarks and Roles to Improve Plugin Accessibility

    If you have some technical knowledge, you can manually add ARIA roles or improve the HTML structure of the plugin elements. While this is a more advanced solution, it can be effective in making a plugin more accessible.

    5. Test Regularly with Accessibility Tools

    Tools like WAVE or Lighthouse can help you assess the accessibility of your entire site, including any plugins you’ve added. Regular testing can ensure that your site remains accessible as plugins update and evolve over time.

    Plugins Are Powerful—But Watch Out for Hidden Barriers

    Plugins are a fantastic way to improve your website’s functionality, but they can also introduce hidden accessibility barriers if you’re not careful. As a website owner or developer, it’s your responsibility to ensure that every part of your site, including third-party plugins, is accessible to all users.

    By being proactive—whether through testing, replacing, or communicating with developers—you can avoid the common pitfalls of inaccessible plugins and keep your site welcoming and functional for everyone. Remember, it’s not just about compliance; it’s about creating an inclusive experience that ensures all users can access and interact with your content.

    So, next time you’re about to install that flashy new plugin, pause for a second and ask yourself: Is this accessible?

    Ready to get started? Schedule a personalized ADA briefing with 216digital and get expert guidance tailored to your needs.

    Greg McNeil

    October 7, 2024
    How-to Guides, Legal Compliance
    ADA Compliance, plugins, Web Accessibility, web development, website plugins
  • ADA Compliance vs Web Accessibility: What is the Difference

    As more businesses move online, understanding web accessibility and ADA compliance becomes crucial. These terms are often used interchangeably but represent different aspects of making a website user-friendly for everyone, including individuals with disabilities. Knowing the distinction between web accessibility and ADA compliance can help protect your business from lawsuits while ensuring your site provides an inclusive experience.

    In this article, we’ll examine the definitions of web accessibility and ADA compliance, explore their differences, discuss the legal risks associated with non-compliance, and explain how businesses can proactively address accessibility issues using services like 216digital’s Phase 1 remediation.

    What is Web Accessibility?

    Web accessibility involves designing and developing websites, tools, and technologies to ensure they are usable by people with a wide range of abilities and disabilities. This includes individuals who have visual, auditory, physical, speech, cognitive, or neurological disabilities. The goal of web accessibility is to ensure that everyone, regardless of their disability, can perceive, understand, navigate, and interact with the web.

    Web Content Accessibility Guidelines (WCAG)

    The primary standard for web accessibility is the Web Content Accessibility Guidelines (WCAG), created by the World Wide Web Consortium (W3C). The latest version, WCAG 2.1, provides a comprehensive set of guidelines aimed at making web content accessible. These guidelines are organized around four core principles, commonly known as POUR:

    • Perceivable: Information and user interface components must be presented in ways that all users can perceive.
    • Operable: User interface components and navigation must be operable for everyone, including those using assistive technologies like screen readers.
    • Understandable: Information and the operation of the user interface must be understandable.
    • Robust: Content must be strong enough to work with a wide range of technologies, including those used by people with disabilities.

    While WCAG provides the framework for web accessibility, compliance with it is generally voluntary unless law or legal action requires otherwise.

    What is ADA Compliance?

    ADA compliance refers to meeting the requirements set forth by the Americans with Disabilities Act (ADA), which was enacted in 1990. The ADA mandates that businesses, public services, and other organizations provide equal access to individuals with disabilities. Although the ADA was passed before the internet became mainstream, courts have increasingly ruled that websites are considered public accommodation places, meaning they must be accessible to people with disabilities.

    ADA compliance, specifically in the context of websites, refers to whether your site meets the legal requirements of the ADA as interpreted by courts and the Department of Justice (DOJ). No official legal mandate states that WCAG 2.1 must be followed to achieve ADA compliance, but it is widely accepted that adhering to WCAG is the best way to meet ADA requirements.

    How Does It Differ From Web Accessibility?

    • Web accessibility is the broader concept of ensuring that people of all abilities can use websites.
    • ADA compliance is a legal requirement for businesses in the U.S. to provide equal access to individuals with disabilities, which includes making websites accessible.

    Web accessibility is a best practice, while ADA compliance is a legal standard. Following web accessibility guidelines, like WCAG 2.1, helps businesses meet the requirements of ADA compliance, but the two terms are not identical.

    Is It Possible to Achieve and Maintain Full WCAG 2.1 Compliance?

    Yes, but it’s not always easy, especially for bigger, more complex websites. WCAG 2.1 covers a lot of areas—like how text shows up, how media is handled, how forms work, and more. As technology and user needs evolve, keeping up with compliance is an ongoing effort. Regular testing, monitoring, and updates are needed to ensure the site meets the latest accessibility standards.

    If you’re worried about protecting yourself from ADA lawsuits, aiming for full WCAG 2.1 compliance is a smart move. It can help reduce your legal risks, but it is only legally required in some cases. Courts have ruled in favor of plaintiffs in ADA lawsuits when websites were not accessible, even if they didn’t meet every single WCAG criterion.

    Does Your Website Need to Be Fully Web Accessible to Protect Your Business?

    To protect your business from ADA compliance lawsuits, it’s crucial to address the most common accessibility barriers, even if full WCAG 2.1 compliance is not achieved. Many companies focus on making the most essential parts of their website accessible, such as navigation, forms, and checkout processes. This approach can reduce the risk of a lawsuit while allowing businesses to improve their site’s accessibility gradually.

    It’s also worth noting that courts have yet to require businesses to meet every WCAG 2.1 guideline to comply with the ADA. However, companies that demonstrate they are actively working to make their sites more accessible—by following best practices and improving critical accessibility issues—are generally better positioned to defend against lawsuits.

    The Risk of ADA Compliance Lawsuits

    ADA compliance lawsuits have skyrocketed in recent years, especially against businesses with inaccessible websites. These lawsuits can be costly, both in terms of financial settlements and reputational damage. Predatory law firms have begun targeting businesses—tiny and mid-sized companies—that have websites with accessibility issues. These firms often file “copycat” lawsuits, sometimes targeting hundreds of companies with nearly identical complaints.

    The financial risk is real. Businesses are often forced to settle the lawsuit or pay legal fees, which can run into tens or even hundreds of thousands of dollars. In addition, businesses may also have to invest in website remediation services to fix accessibility issues.

    How Predatory Law Firms Target Websites

    Predatory law firms often conduct automated scans of websites to identify accessibility violations, such as missing alt text, poor contrast ratios, or non-functional navigation for keyboard-only users. Once they identify these issues, they send demand letters or file lawsuits, typically hoping that the business will settle quickly to avoid costly litigation.

    Unfortunately, even well-meaning businesses that are working on improving accessibility can be targeted. This is why it’s essential to address website accessibility proactively rather than waiting for a lawsuit to happen.

    Is Full WCAG 2.1 Compliance Required to Mitigate Lawsuits?

    While full WCAG 2.1 compliance is not explicitly required to avoid lawsuits, businesses should aim to make their websites as accessible as possible. The more barriers that are removed, the less likely it is that a website will be the target of a lawsuit.

    In most cases, addressing key accessibility issues—such as ensuring all images have alt text, providing video captions, and making the site navigable by keyboard—will significantly reduce the risk of a lawsuit.

    Protect Your Business with 216digital

    To help businesses avoid the pitfalls of non-compliance, 216digital offers Phase 1 remediation services designed to address the most critical accessibility issues quickly. These services focus on mitigating the risk of ADA lawsuits by resolving common accessibility barriers that predatory law firms often target. By implementing these initial fixes, businesses can start protecting themselves while working toward broader web accessibility goals.

    In addition to Phase 1 remediation, 216digital offers ongoing monitoring and testing services to ensure your site remains accessible over time. With a proactive approach, businesses can avoid costly lawsuits and provide a better user experience for all visitors.

    Ready to Make Your Website ADA Compliant?

    As the digital landscape continues to evolve, ensuring your website is both accessible and ADA-compliant is more important than ever. While full WCAG 2.1 compliance may not always be required, addressing key accessibility issues can significantly reduce your risk of lawsuits and enhance the user experience for all visitors.

    Take the next step toward protecting your business and making your website more inclusive. Schedule a personalized ADA compliance briefing with 216digital today. Our team can guide you through Phase 1 remediation and ongoing strategies to keep your site accessible and compliant. 

    Greg McNeil

    October 3, 2024
    Legal Compliance, WCAG Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, WCAG, WCAG Compliance, Website Accessibility
  • Avoid ADA Lawsuits: Lessons from Big Companies

    Over the past few years, many well-known companies have faced lawsuits under Title III of the Americans with Disabilities Act (ADA) for failing to make their websites accessible. From retail giants like Nike and Target to entertainment brands like Beyoncé’s Parkwood Entertainment, these companies have all encountered legal challenges due to non-compliant websites.

    These cases provide an important lesson for website owners and content creators: web accessibility is not just a risk for big corporations but especially those running small businesses. Small companies are quickly becoming targets for Title III lawsuits as well. But by proactively making your website accessible, you can avoid legal trouble and enjoy several long-term benefits.

    Let’s examine some of the big companies that have been sued over website accessibility and how small businesses can protect themselves.

    1. Winn-Dixie: The ADA Case that Set the Standard

    Winn-Dixie was one of the first major brands to face a Title III lawsuit over website accessibility. In 2017, a blind customer sued the grocery chain because its website wasn’t compatible with screen reader software. The court ruled in favor of the plaintiff, marking a major precedent for future cases. This case highlighted how even websites that aren’t strictly e-commerce-based can be required to meet ADA standards.

    2. Domino’s Pizza: The Fight Over Online Ordering

    Domino’s Pizza was sued because a blind customer couldn’t use their website and app to order food. The case gained national attention when it reached the U.S. Supreme Court in 2019. Domino’s argued that the ADA didn’t apply to websites, but the Supreme Court declined to hear the case, leaving the lower court ruling in favor of the plaintiff. The lesson? ADA Title III applies to digital spaces just as much as physical locations.

    3. Nike: Accessibility in the Retail Space

    Nike was sued for having an inaccessible website that prevented visually impaired users from making purchases. The company quickly settled the case and implemented changes, demonstrating that the cost of fighting a lawsuit can be much higher than simply fixing accessibility issues upfront.

    4. Blue Apron: The Subscription Service Challenge

    Blue Apron, a meal-kit delivery service, faced a lawsuit when a blind customer was unable to sign up because the website didn’t work with screen readers. Blue Apron’s case showed that even digital-first businesses are vulnerable to accessibility claims.

    5. KitchenAid: The Importance of Universal Access

    KitchenAid, known for its appliances, was sued after a visually impaired user couldn’t navigate their website to access product information. This case underscores that accessibility isn’t just about e-commerce; it also includes providing equal access to all the content and information on your website.

    6. Fox News Network: ADA in Online Media

    Even media companies aren’t immune. Fox News faced a lawsuit for not making its website accessible to people with visual impairments. News outlets, entertainment brands, and other content-heavy websites should ensure that their pages are fully compliant with ADA guidelines.

    7. Beyoncé’s Parkwood Entertainment: Entertainment and Inclusivity

    In 2019, a visually impaired woman sued Beyoncé’s Parkwood Entertainment, claiming that her website wasn’t accessible with screen readers. This case shows that artists, musicians, and entertainment companies are also responsible for making sure their digital content is inclusive for all.

    8. H&R Block: Financial Services

    Tax preparation giant H&R Block was sued over their inaccessible website. The company settled by agreeing to make its site accessible and compliant with the Web Content Accessibility Guidelines (WCAG). This case demonstrates that financial services are held to the same standards as retail or entertainment when it comes to web accessibility.

    9. Burger King: Fast Food, Fast Accessibility Fixes

    Burger King was sued when a visually impaired customer couldn’t use its website to place an order. Like many companies, Burger King settled the case by agreeing to fix its accessibility issues rather than dragging out a lengthy court battle.

    10. Target: A Retailer Making ADA a Priority

    Target was sued in 2006 and eventually settled, becoming one of the first major retailers to make their website fully accessible. Their case set an early example that many other companies have followed.

    How Small Businesses Are Becoming Targets for ADA Lawsuits

    While these cases involved large companies, small businesses are increasingly being targeted by ADA Title III lawsuits. This shift is largely due to the rise in website accessibility lawsuits in general, which have grown significantly in recent years. Small businesses are often seen as easier targets because they may lack the resources to fight a lawsuit or may be unaware of their legal obligations under the ADA.

    The reality is that no business is too small to be sued over website accessibility. This means that whether you’re running a local boutique or a nationwide e-commerce store, you need to be proactive about making your site accessible.

    The Benefits of Web Accessibility

    Beyond avoiding lawsuits, making your website accessible offers several benefits:

    • Broaden Your Audience: An accessible website can be used by people with disabilities, which represents a significant portion of the population. By making your site accessible, you’re opening your business to more customers.
    • Improved SEO: Many accessibility improvements, like proper alt text for images, can also boost your search engine ranking.
    • Enhanced User Experience: Accessibility improvements often go hand-in-hand with usability improvements, making your site easier to navigate for all users.
    • Positive Brand Reputation: By demonstrating that your business values inclusivity, you can enhance your brand’s reputation and build customer loyalty.

    How to Calculate Your Return on Investment (ROI)

    When thinking about the cost of making your website accessible, it’s important to consider the return on investment (ROI). While the upfront cost of an accessibility audit or remediation might seem high, the long-term benefits far outweigh the cost of a lawsuit.

    To calculate your ROI for ADA Compliance, consider:

    1. Initial Accessibility Audit: This will tell you where your site currently stands and what changes need to be made. The cost will vary depending on the size and complexity of your website.
    2. Implementation Costs: These are the costs associated with fixing the accessibility issues identified in the audit. Again, this can vary but should be viewed as an investment in future-proofing your business.
    3. Avoided Lawsuits: The cost of fighting a Title III lawsuit can be substantial, both financially and reputationally. By being proactive, you can avoid these costs altogether.
    4. Expanded Customer Base: More accessible websites mean more potential customers. The boost in revenue can quickly outweigh the costs of compliance.

    How Being Proactive with Web Accessibility Offers an Incredible ROI

    The companies mentioned earlier learned the hard way that it’s always better to be proactive rather than reactive when it comes to website accessibility. Fixing accessibility issues after a lawsuit is filed is much more expensive than addressing them upfront. Not to mention, proactively making your website accessible can help you avoid the reputational damage that often accompanies ADA lawsuits.

    Protect Your Online Business

    Don’t wait for a lawsuit to take action on web accessibility. Get ahead of potential risks by ensuring your site is compliant now. At 216digital, we’re here to help you navigate the complexities of ADA compliance and safeguard your business. Schedule a personalized ADA briefing with us today to understand how you can protect your online presence, avoid costly lawsuits, and expand your customer base through an accessible website. Let’s future-proof your business together—schedule your ADA briefing now!

    Greg McNeil

    September 27, 2024
    Legal Compliance
    ADA, ADA Compliance, ADA Lawsuit, ADA Title II, web accessibility lawsuits
  • Accessibility Remediation: Definitions & Guidelines

    When you’re getting started with digital accessibility, it’s easy to feel overwhelmed by all the technical jargon to wrap your head around. However, getting familiar with these key concepts is the first step toward making your website more accessible for everyone to use. In this guide, we’ll break down some of the most important terms you’ll come across in accessibility remediation. Whether it’s ensuring your site works well with keyboard navigation or understanding how assistive technologies come into play, we’ve got you covered. This quick rundown will help you get comfortable with the basics and take meaningful steps toward a more accessible site.

    Key Terminology in Accessibility Remediation

    When it comes to making your website accessible, there are a few key terms you’ll want to get familiar with. Here’s a quick breakdown of the essential terms you’ll encounter as you work to ensure your site is welcoming and usable for everyone.

    Usability

    Usability is all about how easy it is for people to navigate and interact with your website. The goal is to make sure that no one—regardless of their abilities—struggles to find what they’re looking for or complete tasks. It’s not just about making things functional, but about making them simple, intuitive, and frustration-free for all users.

    Remediation

    Remediation is just a fancy way of saying “fixing accessibility issues.” These are problems uncovered during an audit or assessment. This could mean tweaking your code, updating content, or adding features to make your site easier for people with disabilities. The idea is to go beyond patching things up and ensure your site works smoothly in the long run.

    Compliance

    Compliance refers to meeting specific legal guidelines and standards, like the Americans with Disabilities Act (ADA) or the Web Content Accessibility Guidelines (WCAG). Following these rules isn’t just about staying out of legal trouble—it’s about making sure your site is usable by people with disabilities. By staying compliant, you protect your business and ensure an inclusive online space.

    Auditing

    An accessibility audit is a deep dive into your website to identify any barriers that might prevent people with disabilities from using it fully. These barriers can range from missing image descriptions to confusing layouts. Auditing is the first step in figuring out what needs to be fixed, giving you a clear roadmap to improving your site’s accessibility.

    User Testing

    User testing is a hands-on way to see how real people—especially those with disabilities—interact with your website. While automated tools can catch some issues, real users can point out things machines might miss, like tricky navigation or features that don’t work well with assistive technologies. It’s like getting an inside scoop on how to make your site better for everyone.

    Assistive Technologies

    Assistive technologies are tools that help people with disabilities use the web. These include screen readers, voice control software, and alternative keyboards. Knowing how your site interacts with these tools is key to ensuring that all users can access your content.

    Screen Reader

    A screen reader is software that converts the text on a website into spoken words, allowing visually impaired users to “hear” the content. It’s a vital tool for those who can’t see the screen, helping them access everything from written text to image descriptions.

    Keyboard Navigation

    Not everyone uses a mouse to browse a website—many people rely on their keyboard to move through a site. That’s why it’s crucial to make sure that all site functions can be accessed using keyboard shortcuts. This includes things like filling out forms, clicking buttons, and navigating menus without needing a mouse.

    Alternative Content

    Alternative content refers to substitutes for visual or interactive elements that some users can’t access. For example, adding descriptive text (alt text) for images helps visually impaired users understand what’s in the picture. It’s not just about including something—it’s about making sure the alternative content adds value for those who need it.

    Accessibility Overlay

    An accessibility overlay is a quick-fix tool that can be added to your site to address specific accessibility problems. While it might provide some immediate help, it often doesn’t get to the root of the issues. True accessibility needs to be built into your site’s design and code rather than relying on these temporary fixes.

    Accessibility Monitoring

    Digital accessibility isn’t something you do once and forget about—it’s an ongoing effort. Monitoring means regularly checking your site to ensure it continues to meet accessibility standards as you make updates or add new content. This way, you can catch any new issues early and make sure your site stays user-friendly for everyone over time.

    Compliance Standards and Laws

    When it comes to making sure your website is both accessible and legally compliant, there are a few essential standards and laws you need to be aware of. Understanding these helps you avoid potential legal issues and ensures your site is inclusive.

    W3C (World Wide Web Consortium)

    The W3C is the leading organization that sets the rules and standards for how the web functions. They’re responsible for creating protocols that guide the future of the web, and one of their most important contributions is the Web Content Accessibility Guidelines (WCAG). These guidelines are the go-to standards for digital accessibility, ensuring that online content is usable for people of all abilities.

    Web Content Accessibility Guidelines (WCAG)

    WCAG is a comprehensive set of recommendations to make web content more accessible to everyone, especially people with disabilities. These guidelines are built around four main principles—Perceivable, Operable, Understandable, and Robust (often called POUR).

    In short, these principles ensure that all users can perceive and interact with content, understand how to use the site and that the content works reliably across different technologies and platforms. Following WCAG isn’t just good practice—it’s often a legal requirement.

    Americans with Disabilities Act (ADA)

    The ADA is a prominent civil rights law in the U.S. that protects people with disabilities from discrimination in various areas of life, including employment, public services, and, now, digital spaces. While the ADA doesn’t specifically mention websites, courts have increasingly ruled that digital accessibility falls under its umbrella. This means your website must be accessible, or you could be at risk of legal action for not complying with the ADA.

    Section 508

    Section 508 is a law that specifically applies to federal agencies and any organization working with them. It requires that all electronic and information technology, including websites, be accessible to people with disabilities. The good news is that Section 508 closely aligns with the WCAG standards, so if you’re following WCAG, you’re likely on the right track for Section 508 compliance, too.

    IDEA (Individuals with Disabilities Education Act)

    IDEA ensures that students with disabilities receive a free and appropriate education, and in today’s world, that includes access to digital learning materials. Whether it’s a website, software, or other digital resource used in schools, it must be accessible to all students, including those with disabilities. If you’re involved in the education sector, this law is critical for ensuring digital accessibility in the classroom.

    Accommodation Approaches

    Making digital content accessible takes a variety of approaches. Here are some essential methods to ensure your website can be used by everyone, regardless of their abilities.

    Alt Text

    Alt text, or alternative text, is a short description you add to images on your website. This ensures that people using screen readers can understand what the image is showing, even if they can’t see it. Alt text is essential for making visual content accessible to everyone.

    Captions and Closed Captioning

    Captions provide a text alternative for the spoken content in videos, which is helpful for people who are deaf or hard of hearing. Closed captions take it a step further, including descriptions of non-verbal sounds like music or laughter, so users get the full experience of the video.

    Video Description

    Video descriptions offer a spoken narration of the visual elements in a video. This allows visually impaired users to understand what’s happening on screen, beyond just the dialogue, by hearing descriptions of actions, settings, or critical visual cues.

    Color Contrast

    Good color contrast between text and its background makes it easier to read, especially for people with visual impairments or color blindness. By ensuring your site has good contrast, you improve readability and make sure that everyone can engage with your content.

    Headings and Landmarks

    Using proper headings and landmarks on your website helps users navigate more easily, especially those relying on screen readers. These tools allow users to quickly jump between sections or locate specific content without having to scroll through the entire page.

    Text-to-Speech

    Text-to-speech technology can convert written text into spoken words, offering another way for users to access content. This is especially helpful for users with learning disabilities, visual impairments, or even those who prefer listening over reading.

    Inclusive Design

    Inclusive design means thinking about a wide range of user needs from the very beginning of the design process. By considering accessibility from the start, you can build a website that works for as many people as possible, without needing to retrofit fixes later.

    Text Resize and Screen Magnification

    Some users need to increase text size or zoom in on parts of your website to see them clearly. By allowing for easy text resizing and screen magnification, you’re giving users with visual impairments more control over how they view your content.

    Why Accessibility Remediation is Critical

    Accessibility remediation isn’t just about checking boxes for legal compliance—it’s about creating an inclusive, user-friendly digital space that welcomes everyone. Let’s dive into why making your website accessible is so important:

    1. Inclusivity

    At its core, digital accessibility is about inclusivity. Making sure your website is accessible means that people of all abilities can engage with your content, products, or services. This enhances the user experience for everyone, whether they have a disability or not. When your site is easy to use and navigate, you’re creating a welcoming space where everyone can participate equally in the digital world.

    2. Legal Protection

    Compliance with accessibility standards like WCAG and laws like the ADA isn’t optional—it’s a legal requirement. Failing to meet these standards can result in lawsuits, hefty fines, and serious damage to your brand’s reputation.

    3. Improved SEO

    Here’s a bonus: many of the same practices that make your site accessible also happen to be great for SEO. For example, providing descriptive alt text for images not only helps visually impaired users but also helps search engines better understand your content. Structured content, clear headings, and easy navigation improve both accessibility and your search rankings. In short, making your site accessible can help you get noticed by more users—including search engines.

    4. Market Reach

    By ensuring your site is accessible, you’re opening your business up to a much larger audience. About 16% of the global population lives with some form of disability, and when your site is accessible, you’re making sure they can engage with your brand. This isn’t just a moral win—it’s good for business. More accessibility means more customers, which can directly lead to a boost in your customer base and your bottom line.

    Take the First Step Toward Accessibility

    Now that you’re more familiar with the key terms and concepts behind accessibility remediation, you’re in a great position to start making meaningful changes to your website. From ensuring proper keyboard navigation to creating alt text for images, every step you take improves the experience for users of all abilities—and keeps you on the right side of compliance.

    But you don’t have to tackle this alone. At 216digital, we specialize in helping businesses create accessible websites that meet legal standards and enhance user engagement and reach. If you’re ready to make your site more inclusive and avoid potential legal risks, we’re here to guide you through the process.

    Schedule a complimentary ADA strategy briefing with our team today. Together, we’ll map out a plan tailored to your business, helping you integrate WCAG 2.1 compliance into your development roadmap. Let’s start creating a digital space that welcomes everyone and sets your business up for long-term success.

    Greg McNeil

    September 26, 2024
    Legal Compliance, Testing & Remediation, WCAG Compliance, Web Accessibility Training
    accessibility Definitions & Guidelines, Accessibility Remediation, ADA Compliance, Web Accessibility Remediation, Website Accessibility
  • Common Web Accessibility Pitfalls That Invite ADA Lawsuits

    The Americans with Disabilities Act (ADA) requires businesses to make their websites accessible to everyone, including people with disabilities. When websites fail to meet accessibility standards, they risk facing lawsuits. In recent years, ADA lawsuits related to digital accessibility have surged, with businesses large and small getting sued for non-compliance. But what exactly are the most common issues that lead to these lawsuits?

    This article will highlight the most common web accessibility barriers that lead to ADA lawsuits and provide real-world examples of lawsuits related to these issues. 

    1. Missing Alt Text

    Alt text, or alternative text, provides a written description of an image on a webpage. Screen readers, which visually impaired users use to navigate the internet, read this description aloud.Without alt text, users with visual impairments have no way of knowing what an image represents.

    For example, if a website has an image of a product for sale, the alt text might say, “Red shoe, size 8.” Without this text, screen reader users won’t know what the image shows, making it difficult to interact with the website.

    Missing or incorrect alt text is one of the most common reasons for ADA lawsuits. Many businesses overlook this small but important step, leaving essential images without descriptions.

    WCAG 2.1 Guideline: 1.1.1 – Non-text Content

    All non-text content, such as images, must have a text alternative that serves the same purpose.

    Example ADA Lawsuit: Fox News Network LLC

    Fox News Network LLC was sued because its website didn’t provide proper alt text for many images. Luc Burbon, a visually impaired user, relied on screen readers to browse the internet. When trying to navigate Fox News’ website, he encountered images without alt text, leaving him unable to understand key content. The court agreed with Burbon, emphasizing that websites must be accessible to everyone, including people with disabilities.

    2. Non-Descriptive Interactive Elements

    Interactive elements, like buttons and links, are crucial for navigating a website. However, if these elements aren’t appropriately labeled, users who rely on screen readers won’t know what a button or link does. This leads to confusion, frustration, and can make essential parts of the website inaccessible to users with disabilities.

    For example, a button labeled “Click Here” without explaining what it does will leave screen reader users guessing, especially if there’s more than one on a page. Adding contextually relevant content to the visual or accessible label, such as “Click here to learn more about our coffee” will differentiate the element while also giving users additional context.

    WCAG 2.1 Guideline: 4.1.2 – Name, Role, Value

    Interactive elements should have clear labels that explain their purpose.

    Example ADA Lawsuit: NIKE, Inc.

    Maria Mendizabal filed a class-action lawsuit against Nike, claiming that the website had many links that were either redundant or completely empty. Users with visual impairments couldn’t understand the purpose of these links, making it challenging to navigate the site. This lawsuit demonstrates the importance of appropriately labeling interactive elements so everyone can understand them.

    3. Lack of Keyboard Navigation

    Many users with disabilities rely on keyboards to navigate websites, especially those who can’t use a mouse. If a website doesn’t allow for keyboard-only navigation, or if drop-down menus can’t be accessed with a keyboard, it becomes unusable for people with mobility impairments.

    For example, if a menu only opens when hovered over with a mouse, someone using only a keyboard won’t be able to open it, blocking their access to critical sections of the site.

    WCAG 2.1 Guideline: 2.1.1 – Keyboard

    All functionality should be accessible using a keyboard.

    Example ADA Lawsuit: Parkwood Entertainment LLC

    In 2019, a lawsuit accused Parkwood Entertainment because Beyoncé’s official website, Beyonce.com, did not provide accessibility for users relying on screen readers.. Mary Conner, the visually impaired plaintiff, couldn’t navigate the drop-down menus using her keyboard. This prevented her from accessing important content and services, leading to a lawsuit.

    4. Inaccessible Forms

    Forms are commonly used on websites—for everything from signing up for newsletters to making purchases. However, forms that are difficult for people with disabilities to fill out can create barriers. Missing labels on form fields, unclear error messages, or forms that don’t work with keyboard navigation are common accessibility issues that lead to lawsuits.

    For instance, if a form field asks for a phone number but doesn’t have a proper label, a screen reader user won’t know what to enter. Or, if an error message isn’t clear about what went wrong, visually impaired users won’t be able to correct their mistakes.

    WCAG 2.1 Guideline: 3.3.2 – Labels or Instructions

    Ensure input fields have proper labels and instructions so users know what information is required.

    Example ADA Lawsuit: H&R Block Lawsuit

    A notable example of this issue is the lawsuit involving the National Federation of the Blind and H&R Block. In this case, visually impaired users discovered that H&R Block’s website did not correctly label the forms. When these users tried to input their contact information or create an account, they struggled because the screen readers failed to indicate what information they needed or where to enter it.

    5.  Inaccessible Pop-Ups and Modals

    Pop-ups and modals (dialog boxes that appear on top of a page) are common features on websites for everything from newsletter sign-ups to product promotions. However, if they are not designed with accessibility in mind, they can disrupt the user’s experience.

    Pop-ups cause confusion if they appear without warning or if users can’t close them using a keyboard. Users relying on screen readers or assistive devices may not even know that a pop-up has appeared, making it impossible for them to continue interacting with the page.

    WCAG 2.1 Guideline: 1.3.1 – Info and Relationships

    When new content, like a pop-up, appears on the screen, announce it to the user and explain how it connects to the rest of the website.

    Example ADA Lawsuit: Five Guys Enterprises

    In a lawsuit against Five Guys, a visually impaired customer couldn’t complete an online order because an inaccessible pop-up appeared when trying to add fries to her cart. Her screen reader didn’t recognize the pop-up, making it impossible for her to finish the purchase. This case highlights the importance of making pop-ups accessible to everyone.

    How to Avoid ADA Lawsuits

    Avoiding ADA lawsuits starts with a proactive approach to web accessibility. Making your website accessible is not only a legal obligation but also an opportunity to provide a better user experience for all visitors, regardless of ability. Here are key steps you can take to avoid common accessibility pitfalls:

    1. Understand Web Accessibility Guidelines: The Web Content Accessibility Guidelines (WCAG) are a set of standards designed to make web content more accessible. Familiarize yourself with these guidelines to understand what needs to be done. They cover aspects like text readability, alternative text for images, and keyboard navigation.
    2. Conduct a Website Audit: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
    3. Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about web accessibility. This helps create a culture of inclusivity and ensures that accessibility remains a priority.
    4. Stay Informed and Up-to-Date: Web accessibility standards and best practices can evolve over time. Stay iCompliance is not a one-time task. 216digital’s a11y.Radar service provides ongoing monitoring. It detects any new accessibility issues that may arise over time. This proactive approach helps prevent potential violations before they lead to costly lawsuits.”

    Conclusion

    Making sure your website is ADA-compliant is not just about avoiding lawsuits—it’s about ensuring that everyone, no matter their abilities, can access and enjoy your content. With the rise in ADA lawsuits, it’s more important than ever to take a proactive approach to web accessibility. Whether it’s fixing missing alt text or ensuring keyboard navigation, addressing these common issues can save your business time and money in the long run.

    If you’re unsure where to start or need help maintaining compliance, 216digital is here to help. Through our years of experience analyzing these cases, we understand how ADA non-compliance lawsuit firms identify their targets. We can help you protect your business from these risks. At 216digital, we will develop a strategy to integrate WCAG 2.1 compliance into your development roadmap. This will allow you to focus on other tasks on your to-do list.

    So don’t wait any longer; find out where you stand by scheduling a complementary ADA strategy briefing today.

    Greg McNeil

    September 25, 2024
    Legal Compliance, WCAG Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA Website Compliance, digital accessibility, WCAG, WCAG Compliance, Web Accessibility
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