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  • Why Small Businesses Face More ADA Web Lawsuits

    Why Small Businesses Face More ADA Web Lawsuits

    In the bustling world of small business, every penny counts. So, it’s no wonder that when an unexpected expense pops up, it can feel like a huge blow. One such cost that’s been increasingly affecting small businesses lately is the rise in web ADA lawsuits. These lawsuits, centered around web accessibility, are not just a concern for big corporations but have also become a significant issue for mom and pop shops. Let’s dive into why small businesses are particularly vulnerable to these lawsuits, how ADA website compliance has become a recent battleground, and what you can do to ensure your site is up to snuff.

    Understanding Web Accessibility and ADA Lawsuits

    Before we get into why small businesses are targeted, let’s start with the basics. The Americans with Disabilities Act (ADA) is a law designed to ensure that people with disabilities have equal access to all aspects of public life, including the digital world. Web accessibility falls under this mandate, meaning that websites need to be usable by people with various disabilities, such as vision impairments, hearing loss, or mobility issues.

    In recent years, ADA lawsuits focusing on web accessibility have surged.  In 2023 alone, plaintiffs filed 4,605 federal and state-filed ADA-related digital lawsuits across the United States. This trend shows no sign of slowing down, with organizations of all sizes—small businesses to Fortune 500 companies—finding themselves in litigation.

    The idea is that if your website isn’t accessible to everyone, including those with disabilities, you could be breaking the law. This has led to a spike in legal actions, with plaintiffs’ lawyers targeting businesses they believe are not compliant with ADA standards.

    Why Are Small Businesses Targeted by Plaintiffs’ Lawyers?

    You might wonder why small businesses, especially those run by hardworking mom and pop owners, seem to be hit harder by these lawsuits than larger companies. Here are a few reasons why small businesses are often in the crosshairs:

    1. Limited Resources: Small businesses often operate with tight budgets and limited staff. This means they might not have the resources to keep up with all the legal and technical requirements for web accessibility. Large corporations, on the other hand, typically have dedicated teams and budgets for compliance and legal matters.
    2. Less Robust Defense: When a lawsuit is filed, it often involves extensive legal fees and time-consuming processes. Small businesses might find it harder to mount a strong defense against these lawsuits compared to larger companies that have in-house legal teams or access to experienced attorneys.
    3. Higher Visibility: Many small businesses have websites that might not be as well maintained or as accessible as those of larger businesses. This makes them more noticeable targets for plaintiffs’ lawyers who are on the lookout for non-compliant sites.
    4. Insurance Coverage: Small businesses might not have insurance that covers ADA-related lawsuits, or their coverage might not be comprehensive enough to handle the costs. Larger businesses are more likely to have insurance policies that include legal protections for such issues.

    ADA Website Compliance: The Latest Tactic Used by Plaintiff’s Lawyers

    As the internet has become a crucial part of doing business, ADA website compliance has emerged as a new tactic for plaintiffs’ lawyers. Here’s why this is happening:

    1. Increased Focus on Digital Accessibility: With the rise of online shopping and digital services, accessibility issues have become more visible. Plaintiffs’ lawyers have noticed this trend and are using it as a new avenue to pursue claims.
    2. Ambiguity in the Law: The ADA was enacted in 1990, long before the internet became a staple of daily life. As a result, there is some ambiguity about what constitutes compliance for websites. This lack of clear guidelines means that plaintiffs’ lawyers can argue their cases based on their interpretations of the law.
    3. Settlement Potential: For many businesses, settling out of court is less costly than fighting a lawsuit. Plaintiffs’ lawyers know this and may target small businesses that are more likely to settle quickly rather than face lengthy legal battles.
    4. Rising Awareness: As more people become aware of web accessibility issues, there is an increased chance of someone noticing and reporting non-compliant websites. This rising awareness has led to more lawsuits being filed.

    How to Make Sure Your Small Business Website is ADA-Compliant

    Now that we’ve covered why small businesses are often targeted and how ADA website compliance has become a popular legal battleground, let’s talk about what you can do to ensure your website is up to standard.

    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. Incorporate Accessibility Features: Make sure your website includes features that assist users with disabilities. This can include adding captions to videos, ensuring that your site is navigable by keyboard, and using descriptive link text.
    4. Test with Real Users: If possible, get feedback from real users who have disabilities. Their experiences can provide valuable insights into areas where your website might need improvement.
    5. Stay Informed and Up-to-Date: Web accessibility standards and best practices can evolve over time. Stay informed about any changes and make updates to your website as necessary to remain compliant.
    6. Seek Professional Help: If you’re unsure where to start or need assistance, consider consulting with an accessibility expert or web developer who specializes in ADA, like 216digital. We can guide you through the process and help ensure that your website meets all necessary standards.
    7. 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.

    Protect Your Small Business With 216digital

    ADA website compliance is crucial for small businesses, with significant implications that shouldn’t be overlooked. Plaintiffs’ lawyers often target mom-and-pop shops, making it essential to take proactive steps to ensure your website meets accessibility standards. By staying informed, conducting regular audits, and integrating accessibility features, you not only safeguard your business against costly lawsuits but also create a more inclusive experience for all your customers.

    To ensure your website is fully compliant and accessible, consider scheduling an ADA briefing with 216digital. Our team can guide you through the complexities of web accessibility, helping you create a welcoming online space for everyone while protecting your business from potential legal risks. Don’t wait until it’s too late—reach out to us today to secure your website’s future.

    Greg McNeil

    August 21, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Small Business, Web Accessibility, Website Accessibility
  • 2024 Mid-Year Report ADA Lawsuits Trends

    2024 Mid-Year Report ADA Lawsuits Trends

    As we reach the midpoint of 2024, it’s crucial for business owners, project managers, and web development teams to stay informed about trends and challenges related to ADA lawsuits, especially concerning web accessibility. In recent years, the landscape of digital accessibility has evolved significantly, impacting businesses of all sizes across various industries. This article aims to provide a comprehensive mid-year report on ADA lawsuits, upcoming trends, and proactive measures to protect your online business.

    Trends in 2024 for ADA Lawsuits

    As we move through 2024, the landscape of Americans with Disabilities Act (ADA) lawsuits is undergoing significant changes. Several emerging trends reflect shifts in legal practices, targets of litigation, and evolving standards in web accessibility. Here’s a comprehensive look at what you can expect in the upcoming months.

    Decrease in Overall ADA Lawsuit Numbers

    For the first time in years, there has been a slight decrease in the number of ADA lawsuits filed. In fact, we are anticipating to have 600 less federal court case than in 2023. This reduction is primarily due to increased judicial scrutiny. Judges now require plaintiffs and their legal teams to present more detailed and specific claims. Vague or generic allegations no longer suffice to move forward in court. This heightened scrutiny is filtering out cases deemed frivolous or opportunistic, leading to a decrease in the overall number of filings.

    Impact of Recent Defense Victories

    Recent defense victories in federal ADA claims have also contributed to this decline. These victories have set precedents that make it more challenging for plaintiffs to succeed with less substantiated claims. As a result, some law firms are shifting their focus to state courts, where they might perceive a higher chance of success. This shift is impacting the overall landscape of ADA lawsuits, with fewer cases reaching the federal level.

    Small Companies Are in the Crosshairs

    Interestingly, there has been a significant shift in the targets of ADA lawsuits. Over 66% of the lawsuits filed through June 2024 have been against companies with revenues under $25 million. In contrast, 34% have been against larger companies. This shift is a natural progression after years of lawsuits targeting major corporations. Many of the largest companies have already faced lawsuits and implemented comprehensive accessibility programs, leaving smaller businesses as the new focus for plaintiffs.

    The Rise of eCommerce and ADA Violations

    The rise in eCommerce, driven by changing consumer spending habits, has exposed more small and medium-sized businesses to potential ADA violations. As these businesses expand their online presence, they become more susceptible to lawsuits if their websites are not fully accessible. Smaller businesses may lack the resources or knowledge to ensure full compliance with ADA requirements, making them vulnerable targets for litigation.

    Overlays Could Make You a Target Now More Than Ever

    Despite significant investments in accessibility widgets, these tools often fail to reduce legal risks effectively. In fact, in 2024, plaintiffs have already filed 503 lawsuits against websites with active widgets, compared to 449 in 2023. This is a 20% increase in lawsuits against websites using widgets and screen overlays. These tools are marketed as quick fixes for accessibility issues but frequently fall short of their promises.

    Common Problems with Widgets

    It has been proven that accessibility widgets can create additional barriers for users with disabilities. Common problems include incompatibility with screen readers, failure to address all accessibility concerns, and even introducing new issues. These limitations highlight that relying solely on widgets is not an adequate solution for legal protection or genuine accessibility improvements. Businesses must seek comprehensive solutions to ensure their websites are fully accessible.

    Evolving Legal Standards

    The legal landscape surrounding web accessibility is continuously evolving. On April 8, the U.S. Attorney General signed a new rule under ADA Title II, setting clear web accessibility standards for state and local governments. This means their services, programs, and activities must now be accessible to people with disabilities. Depending on the size of their websites, these entities have two to three years to implement these accessibility standards.

    Potential Changes to ADA Title III

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

    Increased DOJ Enforcement

    The Department of Justice (DOJ) is expected to increase enforcement efforts, ensuring that businesses comply with these evolving standards. This means that businesses must stay informed about these changes and proactively work towards compliance to avoid potential lawsuits and penalties. Staying ahead of these legal standards will be crucial for businesses to minimize legal risks and enhance accessibility for all users.

    The Importance of Staying Informed

    Staying informed about the latest trends and legal changes in ADA compliance is crucial for businesses of all sizes. This not only helps in avoiding potential lawsuits but also ensures that businesses are accessible to all customers, enhancing their reputation and customer satisfaction. Companies should consider consulting with legal experts and accessibility professionals to stay ahead of the curve and implement best practices in web accessibility.

    How to Protect Your Online Business

    Navigating the complexities of ADA compliance can seem daunting, especially for those with limited knowledge of web accessibility standards. However, there are practical steps you can take to mitigate the risk of lawsuits and foster a more inclusive digital environment:

    1. Conduct an Accessibility Audit

    Start by conducting a comprehensive accessibility audit of your website. This involves assessing your site’s adherence to WCAG standards and identifying areas that may pose accessibility barriers. Consider engaging accessibility experts or using automated tools to assist in this process.

    2. Implement Accessibility Improvements

    Based on the findings of your audit, prioritize and implement necessary accessibility improvements. This may include optimizing navigation for keyboard users, providing alternative text for images, ensuring color contrast ratios comply with standards, and making multimedia content accessible.

    3. Train Your Team

    Educate your web development team, content creators, and digital marketers about web accessibility best practices. Training sessions can help increase awareness of accessibility guidelines and empower your team to proactively address accessibility issues in their respective roles.

    4. Monitor and Maintain Accessibility

    Accessibility is an ongoing commitment. Regularly monitor your website for accessibility compliance and address any new issues that arise. Incorporate accessibility checks into your regular maintenance routines to ensure ongoing compliance.

    5. Seek Legal Guidance if Needed

    If you receive a demand letter or face a lawsuit related to ADA non-compliance, seek legal guidance promptly. ADA litigation can be complex, and legal professionals specializing in accessibility law can provide valuable counsel and representation.

    Conclusion

    As we move forward in 2024, the landscape of web accessibility and ADA compliance continues to evolve. By prioritizing accessibility in your digital strategy and staying informed about legal requirements, you not only mitigate legal risks but also enhance the overall user experience for all visitors to your website. Remember, accessibility is not just a legal obligation but also a moral imperative to ensure inclusivity and equal access to information in the digital age.

    For more information on ADA compliance and web accessibility best practices, schedule a complimentary ADA strategy briefing with 216digital. Together, we can create a more inclusive online environment that benefits businesses and individuals alike.

    Greg McNeil

    August 19, 2024
    Legal Compliance
    ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • How Accessibility Is a Business Advantage

    How Accessibility Is a Business Advantage

    In today’s digital world, accessibility isn’t just about doing the right thing; it’s about gaining a competitive edge. Embracing web accessibility can open doors to new customers, boost your search engine rankings, and protect your business from potential legal risks. More than that, it enhances the overall user experience, which translates to customer loyalty and retention. Let’s explore how making your website accessible benefits your business and why you should prioritize it today.

    Accessibility Drives Customer Experience and Retention

    At the heart of any successful business is a strong customer experience. When you prioritize accessibility, you ensure that every visitor, regardless of their abilities, can navigate and interact with your site. Imagine a potential customer with a visual impairment trying to read your content. If your website isn’t designed with accessibility in mind, you might lose that customer before they even get to know your products or services.

    By making your website accessible, you send a message that you care about all your customers. This commitment builds trust, a key ingredient in customer loyalty. When people know they can rely on your site to meet their needs, they’ll keep coming back. And repeat customers are more likely to recommend your business to others, creating a positive cycle of growth and retention.

    Mitigating Legal and Reputational Risks

    The legal landscape around digital accessibility is changing rapidly. In the United States, businesses are increasingly being held accountable for failing to make their websites accessible. Lawsuits related to the Americans with Disabilities Act (ADA) are on the rise, and the costs can be significant—not just in terms of fines but also in damage to your reputation.

    By proactively addressing accessibility issues, you can avoid these legal headaches. More importantly, you’ll be seen as a leader in your industry, committed to inclusivity and fairness. This can boost your brand’s reputation and set you apart from competitors who may still be lagging in this area.

    216digital’s web remediation services are designed to help businesses like yours stay ahead of the curve. We can help you identify potential risks and address them before they become legal liabilities, ensuring that your website is welcoming to all users.

    Enhancing User Experience and Engagement

    Good design is accessible design. When you make your website accessible, you’re not just helping people with disabilities; you’re improving the user experience for everyone. For instance, clear and easy-to-read fonts, intuitive navigation, and fast load times benefit all users, regardless of their abilities.

    When visitors have a smooth and enjoyable experience on your site, they’re more likely to engage with your content, stay longer, and make purchases. Accessibility features like keyboard navigation, text-to-speech options, and video captions can make your content more engaging and accessible to a broader audience.

    At 216digital, we focus on enhancing user experience through our comprehensive web remediation services. Our phased approach ensures that your website is not only accessible but also optimized for engagement and performance, creating a seamless experience for all users.

    Expanding Your Customer Base

    Did you know that over 61 million adults in the United States live with a disability? That’s 26% of the population that could be your customers—if your website is accessible. By making your site more inclusive, you can tap into this often-overlooked market.

    But it’s not just about people with disabilities. Accessible websites are easier for everyone to use, including older adults, people with temporary injuries, and even those with slow internet connections. In other words, accessibility broadens your reach, allowing you to connect with a more diverse audience.

    Expanding your customer base means more potential sales, and that’s a win for any business.

    Cost Savings

    You might think that making your website accessible is an expensive undertaking. However, consider the long-term savings. Investing in accessibility upfront can save you from costly lawsuits, as we mentioned earlier, but it can also reduce future development costs.

    By incorporating accessibility into your website from the beginning, you avoid the need for expensive redesigns or retrofits later on. Plus, accessible websites are often more streamlined and efficient, which can reduce hosting and maintenance costs.

    Our team at 216digital is skilled at integrating accessibility into your website in a cost-effective way. Our approach ensures that you get the most value for your investment, with no unnecessary expenses.

    Improved Search Engine Ranking

    Accessibility and search engine optimization (SEO) go hand in hand. Search engines like Google prioritize websites that are easy to navigate, with clear headings, alternative text for images, and fast load times—all key components of an accessible website.

    When your website is accessible, it’s more likely to rank higher in search engine results. This means more visibility, more traffic, and more potential customers finding your business online.

    For more information on SEO and web accessibility, check out our article “Web Accessibility and Search Engine Optimization: a Powerful Combination.”

    Brand Reputation

    In today’s socially conscious world, consumers are paying attention to how businesses treat their customers. Companies that prioritize accessibility are seen as forward-thinking, inclusive, and caring. This positive perception can enhance your brand reputation and attract loyal customers who appreciate your commitment to inclusivity.

    When your brand is associated with positive values like accessibility, you’re more likely to stand out in a crowded market. People want to support businesses that align with their values, and accessibility is increasingly becoming a priority for many consumers.

    Future-Proofing Your Business

    The digital world is constantly evolving, and accessibility is no exception. What’s considered accessible today might not meet the standards of tomorrow. By making accessibility a priority now, you’re future-proofing your business against changes in technology and regulations.

    Being proactive about accessibility means you’re prepared for whatever comes next. Whether it’s new laws, emerging technologies, or shifts in consumer expectations, having a solid foundation in accessibility ensures that your business can adapt and thrive.

    216digital’s web remediation services are designed to help you stay ahead of the curve. Our ongoing support and a11y.Radar monitoring services ensure that your website remains compliant and accessible as standards evolve, giving you peace of mind and a competitive edge.

    Wrapping Up

    Accessibility isn’t just a buzzword; it’s a business advantage. From driving customer experience and retention to mitigating legal risks, enhancing user engagement, and improving your search engine rankings, accessibility offers countless benefits. It’s an investment that pays off in the form of a more inclusive, engaging, and successful website.

    At 216digital, we’re here to help you unlock the full potential of web accessibility. Our comprehensive web remediation services ensure that your website is optimized for performance and engagement. Don’t miss out on the opportunity to make accessibility your business’s secret weapon.

    Whether you’re just starting your accessibility journey or looking to enhance your current efforts, 216digital has the expertise and tools to help you succeed. Let’s make your website a place where everyone feels welcome.

    Find out where you stand by scheduling a complementary ADA Strategy Briefing today.

    Greg McNeil

    August 15, 2024
    The Benefits of Web Accessibility
    Accessibility, ADA Compliance, ADA Website Compliance, digital accessibility, SEO, Web Accessibility, Website Accessibility
  • Creating Accessible Web Forms

    Creating Accessible Web Forms

    In today’s digital world, ensuring your content forms are accessible is more important than ever. Whether you’re a website owner, a developer, or a content creator, ensuring that everyone can use your forms is key to providing a great user experience. This article will dive into why accessible content forms matter, how to ensure your forms meet accessibility standards and tips for creating inclusive digital spaces. Let’s explore how you can make your forms better for everyone!

    Why Should Content Forms Be Accessible?

    Accessible content forms are crucial for several reasons:

    1. Inclusivity: Everyone should have equal access to information and the ability to participate in discussions. By making your forms accessible, you’re ensuring that users with disabilities can join in the conversation just as easily as anyone else.
    2. Legal Compliance: In the United States, there are legal requirements for digital accessibility under laws like the Americans with Disabilities Act (ADA). Making your forms accessible helps you stay compliant and avoid potential legal issues.
    3. Broader Audience: Accessible forms reach a wider audience. More people can engage with your content when your forms are easy to navigate and use, leading to increased traffic and a better community experience.

    The Importance of Accessible Forms

    Accessible forms are not just about following the law—they’re about creating a better, more inclusive online environment. Here’s why it matters:

    1. Improves User Experience: Accessible forms provide a smoother experience for all users. Features like clear navigation, readable text, and proper color contrast benefit everyone, not just those with disabilities.
    2. Enhances SEO: Search engines favor well-structured websites that are easy to navigate. By making your forms accessible, you improve your SEO, leading to higher search rankings and more visibility.
    3. Fosters Community: An inclusive forum encourages participation from a diverse group. When users feel they can easily engage with your content, they are more likely to become active members of your website.

    How to Create Accessible Digital Forms

    Creating an accessible digital forum involves several key steps. Here’s a breakdown to help you get started:

    1. Understand the WCAG Guidelines

    The Web Content Accessibility Guidelines (WCAG) are standards designed to make web content more accessible. They provide a framework for creating content that is usable by everyone, including people with disabilities. The guidelines are organized into four principles:

    • Perceivable: Information must be presented in a way that all users can perceive, such as providing text alternatives for images.
    • Operable: Users must be able to navigate and interact with your site using tools like keyboard navigation and screen readers.
    • Understandable: Content must be easy to read and understand, with clear instructions and a consistent layout.
    • Robust: Your content should work well across various devices and browsers, ensuring compatibility with assistive technologies.

    2. Ensure Text Readability

    Text readability is vital for all users, especially those with visual impairments or dyslexia. Here’s how you can improve it:

    • Use Clear Fonts: Choose fonts that are easy to read. Avoid overly decorative fonts and ensure your text size is large enough to read comfortably.
    • Provide Text Alternatives (WCAG 1.1.1): Include alt text for images, charts, and other non-text content. This helps users who rely on screen readers understand what’s in the visuals.

    3. Implement Keyboard Navigation

    Many users with disabilities rely on keyboards rather than mice. Make sure your forms are fully navigable using keyboard shortcuts:

    • Focus Order (WCAG 2.4.3) : Ensure that users can tab through all interactive elements in a logical order.
    • Keyboard Shortcuts (WCAG 2.1.1): Implement keyboard shortcuts for common actions to improve efficiency.

    4. Use Descriptive Links and Buttons

    Links and buttons should be easily identifiable and descriptive:

    • Meaningful Link Text (WCAG 2.4.4): Avoid vague link text like “click here.” Instead, use descriptive text that tells users where the link will take them, such as “Read more about our forum guidelines.”
    • Button Labels (WCAG 3.3.2) : Ensure buttons have clear labels that describe their action, like “Submit” or “Cancel.”

    5. Ensure Color Contrast and Visual Elements

    Good color contrast and visual elements are essential for readability:

    • Contrast Ratios (WCAG 1.4.3): Use high contrast between text and background colors. Use tools like the WCAG Contrast Checker to verify that your button colors meet accessibility standards.
    • Visual Cues (WCAG 1.3.3): Use visual indicators, such as icons or patterns, in addition to color to convey information. This helps users who are colorblind or have low vision.

    6. Test with Real Users

    Testing is crucial to ensure your forum is truly accessible:

    • User Testing: Involve real users with disabilities in your testing process. Their feedback can help you identify and address accessibility issues you might not have considered.
    • Automated Tools: Automated accessibility testing tools such as WAVE or Lighthouse to catch common issues. But remember that these tools can’t catch everything.

    7. Stay Updated with Accessibility Trends

    Digital accessibility is an evolving field. Stay informed about the latest updates and best practices:

    • Ongoing Training: Regularly train your development team on accessibility best practices.
    • Community Resources: Participate in accessibility forms and follow industry news to keep up with new developments.

    Wrapping Up

    Creating accessible web content forms is more than just meeting compliance standards—it’s about fostering a welcoming and inclusive digital space for everyone. By adhering to WCAG guidelines, enhancing text readability, ensuring keyboard navigation, and conducting regular accessibility tests, you can build a forum that all users can navigate and enjoy.

    To take your commitment to accessibility to the next level, schedule a complimentary ADA strategy briefing with 216digital. Our team of experts will help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms.Start integrating these practices today to build a more inclusive and user-friendly forum for everyone. Reach out today to start making a difference!

    Greg McNeil

    August 14, 2024
    How-to Guides
    accessible forms, ADA Compliance, digital accessibility, forms, Web Accessibility, web development, Website Accessibility
  • What CFOs Need to Know to Mitigate the Risk of Digital ADA Lawsuits

    What CFOs Need to Know to Mitigate the Risk of Digital ADA Lawsuits

    As the digital landscape becomes more integral to business operations, the responsibilities of a Chief Financial Officer (CFO) have expanded beyond traditional financial oversight. One area that garnered significant attention is mitigating risks associated with digital Americans with Disabilities Act (ADA) lawsuits. These lawsuits are on the rise and pose a legal threat as well as a financial and reputational one. For CFOs in Corporate America, understanding how to navigate these risks is crucial.

    The Rise of Digital ADA Lawsuits

    The ADA was enacted in 1990 to ensure equal access to public spaces for individuals with disabilities. While initially focused on physical locations, the ADA has evolved to include the digital realm. As more businesses operate online, websites and mobile applications are increasingly considered “public spaces” under the ADA. Companies must ensure that their digital platforms are accessible to people with disabilities.

    Failure to comply with these requirements can result in costly lawsuits. In recent years, there has been a significant increase in digital ADA lawsuits, with thousands of cases filed annually. These lawsuits often target companies with websites or apps that are not accessible to individuals with disabilities, such as those with visual, auditory, or cognitive impairments.

    Why CFOs Should Be Concerned About ADA Lawsuits

    CFOs are responsible for managing their organization’s financial health, which includes mitigating risks that could lead to financial loss. Digital ADA lawsuits represent a significant risk for several reasons:

    1. Financial Penalties: Non-compliance with ADA requirements can result in substantial fines and legal fees. These costs can quickly escalate, mainly if a company is involved in multiple lawsuits. For example, businesses that violate Title III of the ADA may face a maximum civil penalty of $75,000 for a first violation. Subsequent violations have been seen with up to a $150,000 fine.
    2. Reputational Damage: In today’s socially conscious environment, failing to provide accessible digital experiences can harm a company’s reputation. Negative publicity from an ADA lawsuit can lead to losing customer trust and loyalty, ultimately affecting the bottom line.
    3. Operational Disruption: ADA lawsuits can be time-consuming and disruptive to business operations. Companies may need to divert resources to address the legal proceedings and change their digital platforms.
    4. Market Competitiveness: Companies prioritizing digital accessibility are better positioned to reach a broader audience, including the estimated 26% of the U.S. population living with a disability. This can provide a competitive advantage in the marketplace.

    Critical Steps to Mitigating Digital ADA Lawsuit Risks

    CFOs are critical in mitigating the risks associated with digital ADA lawsuits. They can help protect their organization from legal action by taking proactive steps and ensuring compliance with ADA requirements. Here are the key steps CFOs should consider:

    Conduct a Comprehensive Accessibility Audit

    The first step in mitigating ADA risks is to understand the current state of your organization’s digital accessibility. This involves conducting a comprehensive accessibility audit of your website, mobile apps, and other digital platforms. An audit will identify areas where your digital assets fall short of ADA compliance and provide a roadmap for remediation.

    There are different types of accessibility audits, ranging from automated scans to manual testing by accessibility experts. While automated tools can quickly identify some issues, manual testing is essential for detecting more nuanced problems that automated tools might miss. A combination of both methods is often the most effective approach.

    Implement a Remediation Plan

    Once the audit is complete, the next step is implementing a remediation plan to address the identified issues. This plan should prioritize the most critical accessibility barriers and outline a timeline for making the necessary changes. It’s essential to involve key stakeholders, including web developers, content creators, and legal teams, in the remediation process to ensure that all aspects of digital accessibility are covered.

    Establish Ongoing Monitoring and Maintenance

    Digital accessibility is not a one-time project; it requires ongoing monitoring and maintenance. As your organization updates its digital platforms, new accessibility issues may arise—regular accessibility audits and monitoring tools, such as 216digital‘s a11y. Radar can help ensure that your digital assets remain compliant over time.

    Ongoing monitoring is also essential for preventing frivolous ADA lawsuits. By maintaining a high level of digital accessibility, your organization can demonstrate its commitment to compliance, making it less likely to be targeted by opportunistic lawsuits.

    Integrate Accessibility into Your Business Strategy

    CFOs should advocate for integrating digital accessibility into the broader business strategy. This includes incorporating accessibility considerations into the design and development processes of new digital products and services. By making accessibility a core component of your organization’s digital strategy, you can reduce non-compliance risk and create a more inclusive user experience.

    Stay Informed About Legal Developments

    The legal landscape surrounding digital ADA compliance is continually evolving. CFOs must stay informed about changes in regulations, court rulings, and best practices for digital accessibility. This knowledge will enable you to anticipate potential risks and proactively mitigate them.

    Partnering with legal experts who specialize in ADA compliance can also be beneficial. These professionals can guide the latest developments and help ensure your organization’s digital assets align with current legal requirements.

    Build a Culture of Accessibility

    Finally, fostering a culture of accessibility within your organization is critical to long-term compliance. This means educating employees about the importance of digital accessibility and providing them with the tools and training they need to create accessible content and experiences.

    CFOs can lead by example by championing accessibility initiatives and allocating the necessary resources to support them. By embedding accessibility into your organization’s culture, you can create a sustainable approach to compliance that extends beyond the minimum legal requirements.

    Wrapping  Up

    As CFOs in Corporate America, mitigating the risk of digital ADA lawsuits is a critical responsibility. By conducting thorough accessibility audits, implementing effective remediation plans, establishing ongoing monitoring, and integrating accessibility into the business strategy, CFOs can protect their organizations from legal, financial, and reputational harm. Moreover, by building a culture of accessibility, they can position their companies as leaders in inclusivity, ultimately driving long-term success.

    Digital accessibility is not just a legal obligation; it’s a business imperative to enhance your company’s reputation, expand its customer base, and ensure compliance in an increasingly complex regulatory environment. Taking proactive steps today can save your organization from costly lawsuits and contribute to a more inclusive digital world for everyone.

    Ready to take the next step? Schedule a complimentary ADA Strategy Briefing with 216digital today and start building a more accessible future for your company.

    Greg McNeil

    August 9, 2024
    Legal Compliance
    ADA, ADA Compliance, ADA Lawsuit, ADA Lawsuits, digital accessibility, Web Accessibility, web accessibility lawsuits, Website Accessibility
  • How CTOs Can Mitigate the Risk of ADA Lawsuits

    How CTOs Can Mitigate the Risk of ADA Lawsuits

    As the Chief Technology Officer (CTO) in a corporate environment, you bear a significant responsibility: overseeing the technological backbone of your organization. This Role has evolved beyond managing IT infrastructure and software development in today’s digital landscape. One critical aspect that demands your attention is digital accessibility—a legal and ethical obligation that, if neglected, can expose your organization to the growing threat of digital ADA (Americans with Disabilities Act) lawsuits.

    Understanding the Digital ADA Landscape

    The ADA, enacted in 1990, was initially intended to ensure that people with disabilities have equal access to public spaces. With the digital revolution, this principle has extended to the online world, mandating that websites, mobile apps, and other digital assets be accessible to all users, including those with disabilities. In recent years, lawsuits have been filed targeting companies whose digital properties are not compliant with the ADA. These lawsuits allege that inaccessible websites and apps discriminate against users with disabilities, violating the ADA’s principles.

    The Rising Tide of Digital ADA Lawsuits

    The number of digital ADA lawsuits has skyrocketed over the past few years. In 2023 alone, plaintiffs filed 4,605 federal and state-filed ADA-related digital lawsuits across the United States. This trend shows no sign of slowing down, with organizations of all sizes—small businesses to Fortune 500 companies—finding themselves in litigation.

    What’s driving this surge? Several factors contribute:

    1. Increased Awareness and Advocacy: Disability advocacy groups are more vocal than ever, raising awareness about digital accessibility issues and encouraging individuals to take legal action.
    2. Legal Precedents: Courts have increasingly ruled that websites and other digital platforms are extensions of physical spaces and must be accessible under the ADA.
    3. Regulatory Scrutiny: The Department of Justice (DOJ) has clarified that digital accessibility is a priority, further emboldening plaintiffs to file lawsuits, stating:
    4. “…the Department has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”– US Department of Justice | Guidance on Web Accessibility and the ADA (2022)
    5. Automation of Legal Processes: Some law firms leverage automation to identify non-compliant websites and initiate lawsuits at scale, making pursuing such cases more accessible and lucrative. In fact, the top 10 plaintiff law firms in 2023 account for more than 80% of all federally filed cases.

    The Financial and Reputational Risks

    For CTOs, the implications of a digital ADA lawsuit are significant. The financial costs can be staggering, including legal fees, settlement amounts, and the expenses associated with remediating your digital properties to meet compliance standards. Additionally, there is the risk of punitive damages, mainly if your organization is found to have willfully ignored accessibility requirements.

    Beyond the financial impact, there is also the potential damage to your organization’s reputation. A lawsuit can tarnish your brand image, leading to negative press coverage and losing trust among consumers, partners, and investors. In a world where corporate responsibility and inclusivity are increasingly valued, failing to prioritize digital accessibility can undermine your organization’s standing in the marketplace.

    Key Areas of Vulnerability for a ADA Lawsuits

    As CTO, you must recognize the key areas where your organization may be vulnerable to digital ADA lawsuits:

    1. Website Accessibility: Your organization’s website is often the primary target of ADA lawsuits. Key issues include missing alt text for images, poor keyboard navigation, and a need for compatibility with screen readers. Even minor oversights can lead to significant legal trouble.
    2. Mobile Applications: With the rise of mobile-first strategies, ensuring your apps are accessible is crucial. This includes providing text alternatives for non-text content and ensuring that all interactive elements are readily usable by individuals with disabilities.
    3. Digital Documents: PDFs, Word documents, and other downloadable files on your website must be accessible. This means using proper tagging, ensuring screen readers can interpret content accurately, and providing alternative formats when necessary.
    4. E-commerce Platforms: If your organization operates an online store, the checkout process must be fully accessible. Issues such as inaccessible forms, missing labels, and problematic error messages can expose your organization to legal action.
    5. Third-Party Integrations: Any third-party tools or plugins used on your website or app must also be accessible. Relying on non-compliant third-party solutions does not absolve your organization of liability.

    Proactive Measures to Mitigate Risk

    Mitigating the risk of digital ADA lawsuits requires a proactive approach. As CTO, you are pivotal in implementing strategies that ensure your digital properties are compliant and accessible. Here’s how to get started:

    1. Conduct a Comprehensive Accessibility Audit: Conduct a thorough audit of your digital properties. This should include both automated and manual testing to identify accessibility issues. Automated tools can quickly highlight apparent problems, while manual testing ensures that the most nuanced matters are caught. Partnering with a firm like 216digital can give you the expertise needed to conduct a robust audit.
    2. Implement Accessibility Remediation: Once the audit is complete, prioritize the remediation of identified issues. This may involve updating your website’s code, redesigning certain elements, or working with third-party vendors to ensure their tools are accessible. Remember, accessibility is an ongoing process, not a one-time fix.
    3. Adopt an Accessibility-First Mindset: Integrate accessibility into your development lifecycle. This means ensuring that all new digital products and updates are designed with accessibility. Educate your development team on accessibility best practices and incorporate accessibility checks into your quality assurance processes.
    4. Stay Informed on Legal and Regulatory Developments: The legal landscape surrounding digital accessibility is constantly evolving. Stay informed about the latest court rulings, DOJ guidance, and state-specific regulations that may impact your organization. This knowledge will help you anticipate potential risks and adapt your strategy accordingly.
    5. Engage in Ongoing Monitoring and Maintenance: Accessibility is not a set-it-and-forget-it task. Regularly monitor your digital properties to ensure ongoing compliance. Tools like 216digital’s a11y.Radar service offers continuous monitoring, helping you stay ahead of potential issues and avoid costly lawsuits.
    6. Develop an Accessibility Statement: An accessibility statement on your website demonstrates your commitment to inclusivity and transparency. It should outline your organization’s steps to ensure accessibility, provide contact information for users to report issues, and offer alternative ways to access content.

    The Role of 216digital in Mitigating ADA Lawsuits

    At 216digital, we understand the complexities and challenges of achieving and maintaining digital accessibility. Our comprehensive services are designed to support CTOs like you in mitigating the risk of ADA lawsuits while ensuring that your digital properties are inclusive for all users, from conducting thorough accessibility audits to providing ongoing monitoring with our a11y. Radar service offers the expertise and tools needed to safeguard your organization.

    Conclusion

    As a CTO in Corporate America, understanding and mitigating the risk of digital ADA lawsuits is crucial to your Role. By prioritizing accessibility, you protect your organization from legal and financial repercussions and contribute to a more inclusive digital landscape. With the right strategies and partners, you can confidently navigate this complex issue, ensuring that your digital properties are compliant, accessible, and free from the threat of costly litigation.Ready to take the next step? Schedule a complimentary ADA Strategy Briefing with 216digital today and start building a more accessible future for your organization.

    Greg McNeil

    August 9, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA Lawsuits, ADA Website Compliance, CTOs, web accessibility lawsuits, Website Accessibility
  • ADA Compliance for Videos

    ADA Compliance for Videos

    If you’re a website owner, developer, or content creator, you might already be familiar with the importance of making your site accessible. You might have heard about adding alt text to images or ensuring that your site is navigable using just a keyboard. But what about videos?

    Videos are a powerful way to communicate with your audience, but if they aren’t accessible, you could be missing out on a large portion of your audience and might even run into legal issues. In this article, we’re diving into ADA compliance for videos, why it’s important, and how to make sure your videos are accessible to everyone.

    What is ADA Video Compliance?

    ADA stands for the Americans with Disabilities Act, which was passed in 1990 to prevent discrimination against individuals with disabilities. While it originally focused on physical spaces like buildings, the ADA has evolved to include digital spaces, including websites and the content they host. When we talk about ADA compliance for videos, we’re referring to making sure that your videos can be accessed and understood by everyone, including people with disabilities.

    ADA compliance for videos is closely related to the Web Content Accessibility Guidelines (WCAG), which provide a set of standards for making web content more accessible. The most recent version, WCAG 2.1, lays out specific guidelines for making videos accessible.

    Why is ADA Video Compliance Important?

    You might be wondering why ADA video compliance is so crucial. There are a few key reasons:

    1. Inclusivity: Making your videos accessible ensures that everyone, regardless of ability, can engage with your content. This isn’t just the right thing to do, it also makes good business sense. When your content is accessible, you open up your site to a broader audience.
    2. Legal Requirements: The ADA requires that digital content be accessible, and failure to comply can result in lawsuits. While the law may not specifically mention videos, courts have interpreted the ADA to include all web content, including multimedia such as videos.
    3. Better User Experience: Accessible videos provide a better experience for all users. Features like captions can help people understand your content in noisy environments or when they’re not able to use sound.
    4. Search Engine Optimization (SEO): Adding captions, transcripts, and other accessibility features can also help with SEO. Search engines can’t watch videos, but they can read captions and transcripts, which can help your content rank better in search results.

    WCAG 2.1 Video Requirements

    Understanding and following WCAG guidelines can help make sure your videos meet ADA requirements. The latest version, WCAG 2.1, sets clear rules for making videos accessible, which are important for legal reasons.

    WCAG 2.1 details most video-related requirements in Section 1.2. This section focuses on providing alternatives for time-based media like audio and videos. Here are the key guidelines for video content for Level A and AA:

    1. 1.2.1: For prerecorded videos with no audio, there must be an audio track that gives the same information.
    2. 1.2.2: Captions should be included for all prerecorded audio in videos.
    3. 1.2.3: Prerecorded videos should have audio descriptions.
    4. 1.2.4: Live videos should include captions for all spoken content.
    5. 1.2.5: All prerecorded videos must have audio descriptions.

    Tips for Creating Accessible Videos

    Provide Captions for Multimedia Content

    Captions are text versions of the spoken part of a video or audio. They display the dialogue, sound effects, and other audio cues. For example, if a character in a video says, “I’m going to the store,” the caption will show this text on the screen. Captions are usually placed at the bottom of the video, so they don’t cover up important parts of the visuals.

    SC 1.2.2 Captions (Prerecorded) states that all prerecorded video and audio content must have captions. This helps people who can’t hear or who prefer to read understand what’s going on in the media.

    Think About Your Audience When Writing Captions

    Just adding captions to your videos isn’t enough. You need to ensure they’re accurate, easy to read, and truly helpful for viewers.

    Here’s what your captions should do:

    • Include All Dialogue and Key Sounds: Capture every word spoken in the video, and don’t forget important sounds and music—for instance, sound effects from sports events.
    • Match the Audio and Video: Make sure captions sync up with what’s happening in the video. They shouldn’t lag behind someone speaking or an animation on screen.
    • Be Readable: Use a font size that’s big enough for everyone to see comfortably.
    • Cover All Your Videos: Add captions to every video you share, even on social media.

    Watch Out for Automated Captions

    When it comes to captions, it’s best to steer clear of automated tools. While AI has gotten a lot better, these automatic captions still make mistakes that can be annoying and distracting for viewers.

    If you do use automated captions, make sure to check them thoroughly for errors. The ideal approach is to create your own captions and transcripts while you’re working on your video scripts.

    Include Audio Descriptions

    Audio descriptions are better than transcripts for people who are blind or visually impaired. Think of them like a podcast that explains what’s happening in a video. They provide information without requiring the viewer to see the screen.

    Adding audio descriptions to your videos might feel a bit unusual at first, but it quickly becomes second nature. Audio descriptions are specifically created to help users with vision loss by describing the visual elements of a video. They include a voice track that fits into the pauses between dialogue and other audio; whenever you can, include audio descriptions in your videos.

    Provide a Transcript

    WCAG guidelines don’t require transcripts for pre-recorded videos with audio. However, if you publish videos without audio, you need to provide a detailed transcript to meet WCAG SC 1.2.1 (Audio-only and Video-only).

    While captions alone can make videos accessible, providing transcripts is a good practice. Transcripts let people read at their own pace, which helps those using assistive technology, non-native speakers, and individuals with learning disabilities.

    Make Sure Your Video Player Has Accessible Controls

    Many people use keyboards to navigate the web without a mouse. Keyboard accessibility is an important part of making websites usable for everyone, but video players can sometimes create problems for keyboard users. These issues usually come from poor coding or JavaScript problems.

    To check if your video player works well with a keyboard, open your website in a browser and use the Tab and Shift-Tab keys to move through the controls. As you test, ask yourself these questions:

    • Can I use all the controls on the video player?
    • Does the keyboard seem to get “stuck” on any control or part?
    • Which part is currently selected by the keyboard?

    Avoiding Flashing Content

    Videos that flash or flicker can be problematic for people with photosensitive epilepsy. WCAG guidelines recommend avoiding content that flashes more than three times per second to prevent triggering seizures.

    How to Install Videos on Your Website to Be Accessible

    Now that you understand the importance of ADA video compliance and the relevant WCAG guidelines, let’s talk about how to install videos on your website to ensure they are accessible.

    Choose an Accessible Video Player

    The first step is to choose a video player that is designed with accessibility in mind. Many popular video players, like YouTube’s embedded player, already have features like keyboard accessibility and customizable captions. If you’re using a custom video player, make sure it meets WCAG guidelines by testing it with keyboard navigation and screen readers.

    Add Captions to Your Videos

    When you upload a video to your site, you’ll want to make sure it has captions. If you’re using a platform like YouTube, you can upload your own captions or use the platform’s automatic captioning feature, though it’s a good idea to review and edit these captions for accuracy. If you’re hosting videos yourself, there are many tools available for creating and syncing captions.

    Provide Transcripts

    After you’ve added captions, the next step is to create a transcript of the video. You can offer the transcript as a downloadable file or display it directly on the page below the video. Providing a transcript not only helps with accessibility but can also improve your site’s SEO.

    Include Audio Descriptions

    For videos with important visual content that isn’t described in the audio, consider creating a version of the video with audio descriptions. This can be as simple as adding a voiceover that describes key visual elements or creating a separate audio track that users can turn on if they need it.

    Test Your Videos for Accessibility

    Once you’ve added all the necessary accessibility features, it’s important to test your videos to ensure they are actually accessible. This means watching the video with captions and a screen reader, navigating the player with just a keyboard, and making sure the video content is clear and understandable, even without sound or visuals.

    Use an Accessibility Checker

    There are many tools available that can automatically check your site’s accessibility, including your videos. These tools can identify issues you have missed and suggest ways to fix them. Regularly running these checks can help you maintain ADA compliance as you add new content to your site.

    Make Accessibility a Priority

    Web accessibility isn’t just a legal requirement—it’s a way to make your content more inclusive and reach a wider audience. By focusing on ADA video compliance, you’re taking important steps to ensure that everyone, regardless of ability, can enjoy and engage with your content. Whether you’re a website owner, developer, or content creator, making your videos accessible should be a top priority.

    Remember, accessibility is an ongoing process. As you continue to create and share video content, keep WCAG guidelines in mind, and make it a habit to review and update your accessibility features regularly. Not only will this help you avoid legal issues, but it will also help you create a more inclusive and welcoming online experience for all your users.

    If you need help with video accessibility or legal compliance, we’re here to help.  Schedule a briefing with 216digital today so that you can confidently take this next step into digital accessibility.

    Greg McNeil

    August 9, 2024
    How-to Guides
    Accessibility, ADA Compliance, ADA Website Compliance, videos and audio content, Web Accessibility, web development, Website Accessibility
  • Navigating International Accessibility Laws

    Navigating International Accessibility Laws

    In today’s digital age, having an online presence is crucial for businesses of all sizes. But with the global reach of the internet comes a maze of regulations and standards, especially when it comes to web accessibility. If you’re a website owner or content creator in the United States, you might wonder how international accessibility laws affect your business. This article will walk you through the basics of these laws, help you understand which ones apply to your online business, and explain why staying compliant is not just about following the rules but also about expanding your audience and boosting your brand’s reputation.

    What Are the Different International Accessibility Laws?

    When it comes to accessibility laws, different countries have their own rules and guidelines to ensure that websites are accessible to everyone, including people with disabilities. Let’s take a look at some of the key international laws and what they cover:

    The European Accessibility Act (EAA)

    The EAA is a significant law in the European Union that came into effect in 2019. It aims to make products and services more accessible to people with disabilities. For online businesses, this means ensuring that websites, apps, and e-commerce platforms are usable by everyone. The EAA covers a broad range of industries, from banking services to e-books and online shopping. If your business operates or sells products in the EU, compliance with the EAA is a must.

    The Accessibility for Ontarians with Disabilities Act (AODA)  

    In Canada, the AODA sets out guidelines to make Ontario more accessible by 2025. It applies to both public and private sectors, requiring businesses to ensure their websites are accessible to people with disabilities. This includes providing text alternatives for images, ensuring that website navigation is straightforward, and making online forms accessible. If your online business targets customers in Ontario, following AODA guidelines is essential.

    The UK Equality Act 2010  

    The UK Equality Act is a comprehensive piece of legislation that protects people from discrimination in the workplace and wider society. For online businesses, this means ensuring that websites are accessible to everyone, regardless of their abilities. The law covers all aspects of web accessibility, including content readability, keyboard navigation, and screen reader compatibility. If your business has customers in the UK, the Equality Act’s requirements apply to you.

    The Web Content Accessibility Guidelines (WCAG)  

    While not a law, WCAG is a set of guidelines developed by the World Wide Web Consortium (W3C) that is widely used as the global standard for web accessibility. Many international laws, including those mentioned above, reference WCAG as the benchmark for accessibility. WCAG provides a clear roadmap for making web content more accessible, covering everything from text alternatives to visual content, to ensuring that your website works well with assistive technologies.

    What International Laws Apply to Your Online Business?

    Understanding which international accessibility laws apply to your online business can feel overwhelming, especially if you’re targeting customers from different parts of the world. Here’s a simple way to figure it out:

    • Identify Your Audience: Start by identifying where your customers are located. If you have a global audience, it’s important to consider the accessibility laws in each region. For example, if you sell products in the EU, the EAA will apply to your business.
    • Assess Your Operations: If your business operates in multiple countries, you’ll need to comply with the accessibility laws in each of those regions. This might include following the EAA for the EU, AODA for Ontario, and the UK Equality Act for the UK. If your business is based solely in the United States but reaches customers globally, you should still be mindful of these laws to avoid potential legal issues.
    • Check the Legal Requirements: Different countries have different thresholds for when their laws apply to foreign businesses. For instance, if your business has a significant presence in the EU, you are required to comply with the EAA. Similarly, if you provide goods or services in Ontario, Canada, the AODA will apply.

    Do These Laws Apply to Your Online Business?

    The big question for many website owners and content creators is whether these international laws actually apply to their online business. The answer depends on a few factors:

    • Business Location: If your business is based in a country with specific accessibility laws (like the EU or Canada), you’re automatically required to comply with those laws.
    • Global Reach: Even if your business is based in the United States, you might still be subject to international accessibility laws if you sell products or services to customers in other countries. For example, if you ship products to the UK or have a website that targets European customers, you need to comply with the relevant accessibility laws.
    • Legal Consequences: Non-compliance with international accessibility laws can lead to fines, legal action, and damage to your brand’s reputation. Even if you’re not legally required to follow these laws, doing so voluntarily can help you avoid these risks and demonstrate that you value inclusivity.

    The Importance of Web Compliance and Accessibility

    Web compliance and web accessibility aren’t just about avoiding legal trouble—they’re also about doing the right thing and expanding your reach. By making your website accessible, you’re ensuring that everyone, including people with disabilities, can access your content and services. This can lead to increased customer satisfaction, a larger audience, and a stronger brand reputation.

    At 216digital, we understand the complexities of navigating international accessibility laws. Our web remediation services are designed to help your business stay compliant and accessible, no matter where your customers are located. From initial audits to ongoing support, we offer a comprehensive approach to web compliance that ensures your website meets the latest standards and guidelines.

    Whether you’re just starting to explore international accessibility laws or need help bringing your website up to code, 216digital is here to guide you through the process. Our team of experts stays up-to-date with the latest regulations and guidelines, ensuring that your website is not only compliant but also user-friendly for everyone.

    Conclusion

    Navigating international accessibility laws might seem daunting, but with the right approach, it can be manageable and even beneficial for your business. By understanding the different laws, knowing which ones apply to your online business, and taking steps to ensure compliance, you can avoid legal pitfalls, expand your audience, and enhance your brand’s reputation.

    If you’re ready to take the next step in making your website accessible and compliant with international laws, 216digital is here to help. Our web remediation services are tailored to your business needs, ensuring that you meet the necessary standards while creating an inclusive online experience for all users. Don’t wait—let’s work together to make your website accessible to everyone, everywhere.
    Contact us today to schedule a complementary ADA Strategy Briefing so that you can confidently take this next step into digital accessibility.

    Greg McNeil

    August 7, 2024
    Legal Compliance
    accessibility laws, ADA Compliance, digital accessibility, International Accessibility Laws, Web Accessibility, Website Accessibility
  • How Long Does It Take to Make Your Website Accessible?

    How Long Does It Take to Make Your Website Accessible?

    In today’s digital age, having an accessible website is not just a nice-to-have—it’s essential. Whether you’re running a small business or managing a large enterprise, ensuring your website is accessible to everyone, including those with visual impairments, is crucial. But just how long does it take to make your website accessible, and what steps should you take? Let’s dive into the process and explore the differences between various approaches to web accessibility.

    The Journey to Web Accessibility: A Long Road?

    Making a website fully accessible often seems like a daunting and lengthy process. You might have heard about the Web Content Accessibility Guidelines (WCAG) 2.1 AA standards, which provide a comprehensive framework for web accessibility. These guidelines cover a wide range of accessibility features and can seem overwhelming to tackle all at once.

    What is WCAG 2.1 AA?

    WCAG 2.1 AA is a set of guidelines created by the World Wide Web Consortium (W3C) to ensure that websites are accessible to people with disabilities. These standards include recommendations for making content perceivable, operable, understandable, and robust. To be WCAG 2.1 AA compliant, a website must meet specific criteria in these areas.

    The process of making your site fully conformant can be complex. It involves:

    1. Auditing Your Site: This means reviewing your website to identify all accessibility issues.
    2. Fixing Issues: After identifying problems, developers need to resolve them, which can involve code changes, redesigns, and adjustments to content.
    3. Testing: Ensuring that the fixes are working as intended and that the website remains functional and user-friendly.
    4. Ongoing Maintenance: Accessibility is not a one-time fix; continuous updates and audits are necessary to keep up with new content and technologies.

    Depending on the size and complexity of your website, this comprehensive process could take several months. It’s a detailed approach aimed at achieving full compliance, but it may not be the most efficient route for every business.

    The Focused Approach: Quick Fixes for High-Risk Issues

    Not every website needs to go through a full WCAG 2.1 AA conformance process right away. For many businesses, focusing on specific, high-risk accessibility issues can provide significant benefits with a much shorter timeline.

    High-Risk Accessibility Issues

    Certain accessibility problems are more likely to lead to legal action or complaints. By addressing these critical issues first, you can reduce the risk of Americans with Disabilities Act (ADA) lawsuits and significantly improve the user experience for those with visual impairments. Companies like 216digital offer a focused approach to accessibility, where they tackle these high-risk areas in a matter of days—often within a week.

    Benefits of a Focused Approach

    1. Speed: You can quickly address the most critical issues, reducing your legal risks and improving accessibility in a short timeframe.
    2. Cost-Effective: Targeting specific issues can be less expensive than a full overhaul, especially if you’re on a tight budget.
    3. Immediate Impact: High-impact fixes can make a noticeable difference in user experience right away.

    For many businesses, starting with a focused approach provides a practical solution and a strong foundation for further accessibility improvements over time.

    Consulting Firms: Audit Reports vs. In-House Fixes

    When choosing a firm to help with web accessibility, you’ll often encounter two types of services:

    1. Audit-Only Firms: These companies provide a detailed report of accessibility issues but do not fix them. The responsibility for implementing changes falls on your shoulders.
    2. Full-Service Firms: These firms, like 216digital, not only identify accessibility issues but also handle the fixes in-house.

    Audit-Only Firms

    Audit-only firms give you a comprehensive overview of what’s wrong with your website but leave the fixing to you. This approach has some downsides:

    • Implementation Delays: Without a dedicated team to make changes, it can take time to address the issues yourself or through another developer.
    • Additional Costs: You’ll likely need to hire another service to implement the changes, which can lead to increased costs and extended timelines.
    • Unclear Prioritization: The report might highlight many issues without prioritizing them, making it harder to know where to start.

    Full-Service Firms

    On the other hand, full-service firms provide a more integrated solution:

    • End-to-End Service: They handle both the audit and the fixes, streamlining the process and ensuring that accessibility issues are resolved efficiently.
    • Faster Turnaround: With an in-house team managing everything, changes are made more quickly, often within a week or two.
    • Expertise: These firms have specialized knowledge and experience, which can lead to higher quality and more effective fixes.

    Choosing a full-service firm like 216digital can save you time, reduce stress, and provide peace of mind knowing that your accessibility needs are being handled by experts.

    The Realities of Web Accessibility

    Making your website accessible is not just about compliance; it’s about creating a better experience for all users. Here’s why investing in web accessibility is worthwhile:

    1. Legal Protection: By addressing key accessibility issues, you minimize the risk of legal action related to ADA compliance.
    2. Wider Audience: Accessible websites reach a broader audience, including individuals with disabilities who might otherwise be excluded.
    3. Improved User Experience: Many accessibility features, such as clear navigation and text alternatives, also benefit users without disabilities.

    A Practical Timeline

    To sum up, if you’re looking to address high-risk accessibility issues quickly, focusing on these areas can be done in as little as a week with the right team. For a full WCAG 2.1 AA conformance, the process is more involved and can take several months. Choosing between an audit-only firm and a full-service firm can significantly impact your timeline and overall experience.

    If you’re concerned about web accessibility for your website and want to get started quickly, consider working with a firm like 216digital. Our expertise and focused approach can help you address critical issues fast, giving you a solid start toward a more accessible website. Contact us today to schedule a complementary ADA Strategy Briefing so that you can confidently take this next step into digital accessibility.

    Remember, web accessibility is an ongoing journey, not a one-time project. Investing in accessibility is investing in a better, more inclusive web experience for everyone.

    By understanding the different approaches to web accessibility and the timelines involved, you can make informed decisions that align with your business needs and goals. Whether you opt for a focused fix or a full WCAG 2.1 AA compliance, taking steps toward a more accessible website will benefit both your users and your business.

    Greg McNeil

    July 26, 2024
    Testing & Remediation
    Accessibility, Accessibility Remediation, ADA Compliance, digital accessibility, Web Accessibility Remediation, Website Accessibility
  • Why is Web Accessibility Training Important?

    Why is Web Accessibility Training Important?

    So, you’ve engaged with a web remediation specialist and improved your website’s digital inclusivity. What’s next? To avoid moving backward and introducing new accessibility barriers, your team should attend an accessibility training session. Let’s discuss why digital accessibility and accessibility training are so important and how they can benefit not only your users but also your business.

    What is Digital Accessibility?

    Digital accessibility refers to making websites, applications, and other digital content usable by everyone, including people with disabilities. A wide range of disabilities may impact user experience, including visual, auditory, physical, speech, cognitive, and neurological disabilities. By ensuring that your digital content is accessible, you’re making it possible for all users to navigate, understand, and interact with your website.

    Why Does Web Accessibility Matter?

    Inclusivity and Equality

    At its core, digital accessibility is about inclusivity and equality. The internet should be a place where everyone can participate, regardless of their abilities. By making your website accessible, you’re promoting equal access to information and services for all users.

    Legal Requirements

    The United States has legal requirements to ensure websites are accessible. The Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act are two critical pieces of legislation that mandate accessibility. Failing to comply with these laws can result in legal action, fines, and damage to your reputation.

    Business Benefits

    Accessible websites can reach a larger audience. According to the World Health Organization, over one billion people, or about 16% of the world’s population, have some form of disability. By making your website accessible, you’re doing the right thing and tapping into a significant market. Additionally, accessible websites tend to have better SEO, which can lead to higher search engine rankings and increased traffic.

    Enhanced User Experience

    Accessibility features often improve everyone’s overall user experience. For example, captions on videos can benefit users in noisy environments, and clear, simple navigation can help users find information more quickly.

    What is Accessibility Training?

    Although many web platforms strive to build accessibility into their products, it is still essential for anyone who modifies the site to pursue training on how to avoid introducing accessibility barriers. This training covers a wide range of topics, from understanding the needs of people with disabilities to implementing specific accessibility features on a website.

    The Importance of Accessibility Training

    Understanding User Needs

    Accessibility training helps you understand the diverse needs of your users. By learning about the different types of disabilities and how they affect how people interact with digital content, you can create more inclusive websites.

    Staying Up-to-Date with Best Practices

    The field of digital accessibility is constantly evolving. New technologies and standards are continually being developed to improve accessibility. Accessibility training ensures you stay up-to-date with the latest best practices and guidelines.

    Improving Technical Skills

    Accessibility training can enhance your technical skills as a developer. You’ll learn to implement accessibility features, such as alt text for images, keyboard navigation, and screen reader compatibility. These skills enhance your website and make you a more versatile and valuable developer.

    Avoiding Legal Issues

    As mentioned earlier, there are legal requirements for web accessibility. Accessibility training helps you understand these laws and helps avoid frivolous lawsuits. Being proactive can help you avoid legal issues, associated costs, and reputational damage.

    Critical Components of Accessibility Training

    Web Content Accessibility Guidelines (WCAG)

    The WCAG is a set of guidelines developed by the World Wide Web Consortium (W3C) to ensure accessible web content to people with disabilities. Accessibility training covers these guidelines, including the four principles of accessibility: Perceivable, Operable, Understandable, and Robust (POUR).

    Assistive Technologies

    Training includes information on various assistive technologies, such as screen readers, braille displays, and speech recognition software. Understanding how these technologies work is crucial for creating accessible content.

    Practical Implementation

    Accessibility training provides practical, hands-on experience with implementing accessibility features. Common concepts include writing accessible code, providing text alternatives for graphical content, and testing your website for accessibility.

    User Testing

    User testing is an essential part of accessibility training. You’ll learn how to conduct accessibility audits and usability testing with people with disabilities. Through user testing, you can identify any accessibility issues and proactively remove accessibility barriers.

    How to Get Started with Accessibility Training

    Online Courses

    216digital includes accessibility training in every web remediation project. When we evaluate your website, we have an excellent opportunity to understand your team’s specific processes and can develop tailored training that is highly targeted and easy to follow.

    Professional Certifications

    Earning a professional certification in accessibility can enhance your skills and credibility. Certifications such as the Certified Professional in Accessibility Core Competencies (CPACC) and the Web Accessibility Specialist (WAS) from the International Association of Accessibility Professionals (IAAP) are recognized in the industry.

    Join Accessibility Communities

    Joining accessibility communities can provide support and resources as you learn about digital accessibility. Websites like WebAIM (Web Accessibility In Mind) and the W3C Web Accessibility Initiative offer forums, articles, and guidelines to help you stay informed.

    Hands-On Practice

    The best way to learn about accessibility is through hands-on practice. Start by conducting an accessibility audit of your website and implementing the necessary changes. Use tools like the WAVE (Web Accessibility Evaluation Tool) and Google Lighthouse to test your website and identify areas for improvement.

    Conclusion

    Digital accessibility is not just a legal requirement but a moral obligation. By making your website accessible, you’re ensuring that everyone can access and interact with your content regardless of their abilities. Accessibility training is crucial in this process, providing you with the knowledge and skills to create inclusive digital experiences.

    Investing in accessibility training benefits your users, your business, and society. It enhances the user experience, expands your audience, and helps you avoid costly litigation. As website owners, developers, and content creators, it’s our responsibility to make the web a more accessible place for everyone.

    So, take the first step today. 216digital has accessibility experts on deck, ready to help with all your accessibility needs. Your users will thank you, and you’ll be contributing to a more inclusive digital world.

    Greg McNeil

    July 25, 2024
    Web Accessibility Training
    Accessibility, Accessibility Training, ADA Compliance, Web Accessibility Training, Website Accessibility, Website Accessibility Tools
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