ADA Compliance Archives - Page 6 of 11/Tag

Are Web Accessibility Overlays Hurting Users?
When it comes to making websites accessible, many businesses turn to web accessibility overlays, believing they’re a simple and quick fix. These tools promise to enhance usability for people with disabilities by adding features like text size adjustments or color contrast options. However, beneath this shiny exterior lies a troubling reality. Far too often, overlays create more problems than they solve, leaving users frustrated and excluded.

Instead of providing real solutions, these overlays can break essential functions on a website, making it even harder for people to navigate. Imagine a visually impaired user trying to read a page only to find that the overlay has garbled the text or made buttons unclickable. This isn’t just a minor inconvenience; it’s a barrier that undermines the very purpose of accessibility. With countless users reporting negative experiences, the reliance on overlays is more than just misguided—it can be harmful.

In this article, we’ll explore why web accessibility overlays often fall short of their promises and what businesses can do to truly support all users. Let’s take a closer look at the pitfalls of these quick fixes and uncover the importance of genuine web accessibility.

What Are Web Accessibility Overlays?

Web accessibility overlays are tools or widgets that website owners can add to their sites to enhance accessibility. They typically involve inserting a small JavaScript code snippet into your site, which then adds a floating button or widget. When users interact with this button, they can adjust various aspects of the site’s appearance and functionality—like changing text size, altering color contrasts, or enabling screen reader compatibility.

The appeal of these overlays is their promise of quick, low-cost accessibility improvements. They offer an attractive option for businesses looking to make their sites more inclusive without undergoing a major redesign. However, while the intention behind these tools is good, the reality often falls far short.

Overlay’s Intended Purpose

The goal of web accessibility overlays is to make websites more accessible to people with disabilities. For instance:
- Visual Impairments: Users who have difficulty seeing might benefit from high-contrast modes or text enlargement.
- Motor Impairments: Customizable interface elements can help users navigate the site using alternative input methods.
- Cognitive Impairments: Simplified navigation and text-to-speech features can make content more understandable.
In theory, these overlays should help users interact with a website more effectively by allowing them to tailor the site to their needs.

The Reality: Why Overlays Often Fall Short

Despite their good intentions, web accessibility overlays often fail to deliver on their promises. Here’s a closer look at why:

Broken Functionality

Many users with disabilities find that these overlays break essential website functions. For example, after activating an overlay’s high-contrast mode, a screen reader might start reading out garbled or irrelevant text. Interactive elements like forms or buttons may become unusable or misaligned. This can make the website even less accessible than it was before the overlay was applied.

Limited Customization

While overlays offer some level of customization, they usually fall short of addressing all accessibility needs. For instance, they allow users to change text size but do nothing to improve keyboard navigation or fix structural issues. This limited scope can be frustrating for users who need more comprehensive adjustments to navigate the site effectively.

Disruptive Presence

The floating button or widget that overlays add can sometimes interfere with the user experience. For example, it might obscure important content or navigation options. Users who rely on screen readers or keyboard navigation may find the overlay itself to be a barrier rather than a help.

Overlay’s Provide a False Sense of Security

Relying on overlays can give website owners a misleading sense of security. Just because an overlay provides some accessibility features doesn’t mean your site is fully accessible. True accessibility involves more than just adding a few features—it requires thoughtful design and regular testing to ensure that all users can interact with your site effectively.

Common Issues with Overlays

To better understand the real-world impact, let’s explore some common issues faced by users with disabilities when dealing with web accessibility overlays:
1. Navigation Problems: Overlays often disrupt keyboard navigation. For users who rely on keyboards instead of mice, this can make it challenging to move through the site or interact with elements. Buttons and links might become unreachable or behave unpredictably.
2. Inconsistent Text Appearance: Overlays might change text size or color, but they often don’t adjust all text elements uniformly. This inconsistency can make reading difficult, especially for users with low vision who rely on specific text settings.
3. Broken Links and Forms: Features like forms and links can become broken or non-functional when an overlay is applied. This issue can prevent users from completing actions like submitting information or navigating through pages, leading to frustration and abandonment of the site.
4. Visual Overlaps: High-contrast modes or other visual changes introduced by overlays can sometimes cause elements to overlap or become misaligned. This can make content harder to read and interact with, defeating the purpose of the accessibility improvements.
Firsthand User Experiences

As highlighted in the New York Times article, For Blind Internet Users, the Fix Can Be Worse Than the Flaws, and echoed by accessibility advocates, overlays often complicate rather than simplify website navigation.

Patrick Perdue, a 38-year-old blind user from Queens, sums it up well: “I’ve not yet found a single one that makes my life better.” Many like him find themselves spending more time navigating around these overlays than actually using websites effectively.

Last year, over 862 advocates and developers urged organizations to reconsider their use of overlays, citing practical ineffectiveness and potential accessibility flaws in an open letter. Even the National Federation of the Blind has condemned these tools, describing them as inadequate solutions.

Brian Moore, a 55-year-old blind user from Toronto, raises a critical question: “If you can’t fix the basic issues, what value are you adding?”

Why Overlays Are Seen as a “Quick Fix”

Web accessibility overlays are often chosen as a quick fix because they appear to offer a fast, cost-effective solution. For businesses, especially those with limited budgets or technical resources, these tools seem like an easy way to address accessibility concerns without a full site overhaul.

However, this approach is problematic for several reasons:

Superficial Solutions

Overlays generally provide superficial solutions rather than addressing underlying accessibility issues. Real accessibility involves more than just adding features—it requires a deep understanding of diverse user needs and thoughtful site design.

Potential for Increased Barriers

As highlighted by user experiences, overlays can sometimes introduce new barriers or exacerbate existing ones. This can lead to increased frustration and exclusion for users who rely on accessibility features.

Legal and Ethical Concerns

Relying on overlays alone may not meet legal standards for accessibility under regulations like the Americans with Disabilities Act (ADA). A genuine commitment to accessibility involves more than just using tools—it requires ensuring that your site is fully accessible to all users.

The Path to Genuine Accessibility

So, what should you do instead of relying on overlays? Here are some steps to take:
1. Invest in Design: Start by designing your website with accessibility in mind. This includes using proper HTML semantics, ensuring good color contrast, and creating keyboard-friendly navigation.
2. Conduct Regular Testing: Test your site with real users who have disabilities to identify and address issues. This helps ensure that your site performs well in real-world scenarios.
3. Seek Professional Advice: Consider consulting with accessibility experts like 216digital, who can guide you through the process of making your site truly accessible. They can provide valuable insights and help you implement best practices.
4. Commit to Continuous Improvement: Accessibility is an ongoing process. Regularly review and update your site to address new challenges and improve the user experience.
Take the Next Step Towards Accessibility

If you’re serious about making your website accessible to everyone, don’t settle for quick fixes like overlays. Instead, invest in long-term solutions that truly improve the user experience for people with disabilities. At 216digital, we specialize in helping businesses achieve genuine web accessibility and stay compliant with ADA requirements.

To learn more about how you can make your site more inclusive and avoid the pitfalls of web overlays, schedule an ADA briefing with 216digital today. Our experts will guide you through the steps needed to ensure your website not only meets legal standards but also serves all users effectively. Let’s work together to create a web that’s accessible to everyone!
Kayla Laganiere

September 17, 2024

Legal Compliance

ADA Compliance, Overlay widgets, Overlays, screen overlays, Users experience, Widgets
How to Implement ARIA Landmarks and Roles for Better Accessibility
For users of assistive technologies, accessing and interacting with websites can be difficult if the proper structure and cues aren’t in place. This is where ARIA (Accessible Rich Internet Applications) landmarks and roles come in handy. Implementing ARIA landmarks and roles can significantly improve your website’s accessibility, helping users navigate more easily and interact with web elements effectively. If you’re new to ARIA, don’t worry! This guide will walk you through ARIA landmarks and roles, why they matter, and how to implement them step-by-step.

What Is ARIA and Why Is It Important?

ARIA is a set of HTML attributes intended to make webpages easier to navigate for people who rely on assistive technology, such as screen reading software. These attributes help bridge gaps in standard HTML that might not convey sufficient meaning to people with disabilities.

By using ARIA, developers can label, describe, and define the functionality of elements in ways that ensure everyone has a better user experience. Regarding web accessibility, ARIA attributes are recommended in some cases by the Web Content Accessibility Guidelines (WCAG), which provide standards to help websites comply with accessibility requirements.

ARIA landmarks and roles are two essential aspects of making sure your website content is accessible for all users to understand and interact with.

ARIA Landmarks: What Are They?

ARIA landmarks are unique markers you can add to different sections of your webpage to make navigation easier for users with disabilities. These landmarks help people who use screen readers understand the structure of a webpage and quickly jump to different sections. Think of them as signposts, making it clear where key sections—like the header, main content, navigation, and footer—are located.

The major ARIA landmarks include:
- <header>: Identifies the top section of the webpage.
- <main>: Indicates the main content of the page.
- <nav>: Points to the area that contains navigational links.
- <footer>: The bottom section of the webpage.
Why Are ARIA Landmarks Important?

ARIA landmarks are invaluable for users with visual or motor impairments who use the keyboard or screen reader to navigate the web. They allow users to skip repetitive elements (like navigation bars) and jump directly to the content they’re looking for. Without these landmarks, a user would have to listen to every single line of the page to figure out where the main content starts or how to get to the footer. Using ARIA landmarks ensures that your website is easy to navigate for everyone.

How to Implement ARIA Landmarks Step-by-Step

Now that you understand the importance of ARIA landmarks let’s look at how to implement them in your website’s code. The good news? Adding ARIA landmarks is simple and can be done using standard HTML elements.

Adding the Header Landmark

The <header> element is used to define the global top section of your page, which typically contains things like the website logo, title, or main navigation links. Here’s an example of the correct usage of the HTML5 <header> region:

<header>
```
<h1>My Cool Website</h1>
<h1>My Cool Website</h1>
  <nav>
    <ul>
      <li><a href="/">Home</a></li>
      <li><a href="/about">About</a></li>
      <li><a href="/products">Products</a></li>
    </ul>
  </nav>
</header>
```
The Main Landmark

The <main> element is crucial because it defines the primary content of the page. The <main> element, along with a skip link, can allow users of assistive technology to skip past repetitive content such as the navigation:
```
<main role="main">
  <h2>Main Content</h2>
  <p>This is the most important part of the page.</p>
</main>
```
By using role=”main”, you’re ensuring that screen readers can quickly identify and jump to the core content of your page. Only one main landmark should be used per page.

Using the Navigation Landmark

The navigation area of your website should be easy to identify and skip if necessary. You can use the <nav> element or the ARIA role, but you do not need to use both:
```
<nav>
  <ul>
    <li><a href="#section1">Section 1</a></li>
    <li><a href="#section2">Section 2</a></li>
  </ul>
</nav>
<div role="navigation">
  <ul>
    <li><a href="/products">Products</a></li>
    <li><a href="/about">About Us</a></li>
  </ul>
</div>
```
With the navigation region, you’re clearly marking the section of the page that contains links for navigating to other parts of the site.

Adding the Footer Landmark

Finally, the <footer> element typically contains secondary content, such as copyright information or additional links. Adding a landmark here helps screen reader users know when they’ve reached the end of the page:
```
<footer role="contentinfo">
  <p>&copy; 2024 Your Company</p>
</footer>
```
In this case, role= "contentinfo" tells screen readers that this section provides supplementary information about the website.

ARIA Roles: What Are They?

ARIA roles go beyond marking sections of the page—they describe the functionality of specific elements. By using ARIA roles, you’re defining how an element should behave or be interacted with, especially when using assistive technologies.

Some commonly used ARIA roles include:
- “button”: Makes non-biased elements like <div> behave like a button.
- “dialog”: Defines a pop-up dialog window.
- “alert”: Marks an element as an important alert that needs immediate attention.
Why Are ARIA Roles Important?

ARIA roles give more meaning to non-standard HTML elements. For example, if you create a custom button using a <div> instead of the traditional <button> element, a screen reader might not recognize it as a button. By assigning it an ARIA role, you ensure it’s interpreted correctly, making the interaction more intuitive and accessible.

How to Implement ARIA Roles Step-by-Step

Let’s check out some examples of proper ARIA implementation.

Creating a Custom Button

If you have a custom button element (like a <div> styled as a button), you can add the role="button" to make sure it’s recognized as an interactive button by screen readers:
```
<div role="button" tabindex="0" onclick="submitForm()">Submit</div>
```
The ARIA role “button” tells assistive technology to announce this element as a button, and the “tabindex” attribute makes the element focusable via the keyboard. However, it’s always best to use the correct semantic HTML5 <button> tag whenever possible.

Adding a Dialog Role

For models or pop-up windows, you can use the role= "dialog" to make them accessible:
```
<div role="dialog" aria-labelledby="dialogTitle" aria-describedby="dialogDescription">
  <h2 id="dialogTitle">Confirmation</h2>
  <p id="dialogDescription">Are you sure you want to delete this file?</p>
  <button onclick="closeDialog()">Cancel</button>
</div>
```
The aria-labelledby and aria-describedby attributes help give context to the dialog box for users relying on assistive technologies.

Creating an Alert

If you need to display important, time-sensitive information—like an error message or form feedback—you can use the role= "alert":
```
<div role="alert">
  <p>Error: The "password" field is required.</p>
</div>
```
This role makes sure that screen readers announce the alert immediately, ensuring the user doesn’t miss critical information.

Going Beyond ARIA: Continue Your Accessibility Journey

The HTML markup of your website is far more critical than just defining the visual style of the site. It is used by screen reading software, assistive technologies, and keyboard navigation to ensure users have easy access to content. SEO crawlers also use it to determine the accuracy and relevance of your content.

By adding landmarks like header, main, navigation, and footer, and using roles like button, dialog, and alert, you’ll not only meet the accessibility standards outlined by WCAG, but you’ll also create a more user-friendly website for everyone.However, this is just one piece of the web accessibility puzzle.

Team Up with 216digital

At 216digital, we understand that keeping up with ADA compliance and accessibility best practices can be challenging. That’s why we’re here to help. We specialize in helping businesses achieve and maintain ADA compliance with expert guidance and actionable strategies. Schedule an ADA briefing with our experts today to learn more about how we can guide you through the complexities of accessibility, ensuring your website meets legal standards and delivers a great experience for all users.

Let’s make the web more accessible, together—book your ADA briefing today!
Bobby

September 6, 2024

How-to Guides

Accessibility, ADA Compliance, ARIA, How-to, WCAG, Web Accessibility, web development
What to Ask When Choosing a Partner for Title II ADA Compliance

When ensuring your organization’s compliance with ADA Title II, selecting the right partner to guide you through the process is crucial. ADA Title II mandates that state and local governments, as well as any of their departments, agencies, or other instrumentalities, must not discriminate against individuals with disabilities. Compliance with these regulations safeguards your organization against legal risks and ensures your services are accessible to all individuals. To make an informed decision when choosing a partner for ADA Title II compliance, here are key questions you should ask.

Have You Worked with ADA Title III Compliance Before?

ADA Title II compliance shares similarities with ADA Title III, which focuses on public accommodations provided by private entities. A partner with experience in ADA Title III compliance will have a solid understanding of accessibility requirements across different sectors. While Title II and Title III address various types of entities, the underlying accessibility principles remain consistent. A partner with experience in both areas will bring a comprehensive understanding of the legal landscape, helping you navigate the complexities of ADA compliance more effectively.

How Well Do You Know WCAG 2.1 A/AA Standards?

The Web Content Accessibility Guidelines (WCAG) 2.1 are the most widely recognized standards for digital accessibility. They provide a framework for making web content more accessible to people with disabilities, including those with visual, auditory, cognitive, and motor impairments. Ensuring your partner has an in-depth knowledge of WCAG 2.1 A/AA standards is crucial because these guidelines serve as the benchmark for evaluating your organization’s digital accessibility. A knowledgeable partner can guide you through implementing these standards, ensuring that your digital properties meet or exceed compliance requirements.

How Skilled is Your Team in Accessibility?

The expertise of the team working on your ADA compliance project is a critical factor in your success. Ask about the qualifications and experience of the team members handling your account. Do they have certifications in accessibility, such as Certified Professional in Accessibility Core Competencies (CPACC) or Web Accessibility Specialist (WAS)? How many years of experience do they have in the field? A skilled team with a deep understanding of accessibility can assure you that your project will be handled with the utmost care and expertise.

What is Your Process for Conducting Accessibility Audits?

An accessibility audit is the foundation of any compliance effort. It identifies areas where your organization falls short of ADA requirements and provides a roadmap for remediation. Ask potential partners to explain their audit process in detail. How thorough is their approach? Do they conduct both automated and manual testing? How do they document their findings?

Understanding their process will give you insight into the level of detail and accuracy you can expect in their audit reports. A rigorous audit process is essential for identifying all accessibility issues and ensuring nothing is overlooked.

How Do You Prioritize and Address Accessibility Issues?

Not all accessibility issues are created equal. Some may have a significant impact on users with disabilities, while others may be less critical. A competent partner should have a clear strategy for prioritizing and addressing accessibility issues. Ask them how they determine which issues to tackle and how to address them. Do they focus on issues that have the most significant impact on user experience first, or do they take a different approach? Understanding their prioritization process will help you resolve the most pressing issues promptly, reducing the risk of non-compliance.

What Testing Methods Do You Use?

Testing is a critical component of ensuring ADA compliance. Ask your potential partner about the testing methods they use to evaluate accessibility. Do they rely solely on automated tools, or do they also conduct manual testing?

Automated tools are excellent for identifying specific issues but can’t catch everything. Manual testing by individuals with disabilities provides valuable insights into how real users experience your digital content. A combination of both methods is ideal for a comprehensive assessment of your organization’s accessibility.

How Will You Help Us Maintain Accessibility Over Time?

Achieving ADA compliance is not a one-time effort; it’s an ongoing process. Your digital content will evolve, and new accessibility challenges may arise. Ask your potential partner how they plan to help you maintain accessibility over time. Do they offer ongoing monitoring services to ensure your digital properties remain compliant as updates are made? How do they stay up to date with changes in accessibility standards and regulations? A partner committed to long-term support will help you remain compliant and avoid potential legal pitfalls in the future.

What Technology and Tools Do You Use for Accessibility?

The tools and technology your partner uses can significantly impact the effectiveness of their accessibility efforts. Ask about the specific tools they use for auditing, testing, and remediation. Do they use industry-standard tools such as WAVE or JAWS? How do they leverage these tools to identify and resolve accessibility issues? Additionally, ask about any proprietary tools they may have developed. A partner with advanced technology and tools will be better equipped to handle complex accessibility challenges and deliver effective solutions.

Do You Offer Training?

Training is a vital component of sustaining ADA compliance. Your staff needs to be educated on accessibility best practices to ensure your digital content remains compliant as it evolves. Ask your potential partner if they offer training services. Do they provide customized training sessions tailored to your organization’s needs? Do they offer resources and support for your team to continue learning about accessibility?

A partner who offers comprehensive training will empower your organization to maintain accessibility independently, reducing the need for constant external intervention.

Conclusion

Choosing the right partner for ADA Title II compliance is a crucial decision that can have long-lasting implications for your organization. By asking the right questions, you can ensure that your partner has the expertise, experience, and resources needed to guide you through the complexities of ADA compliance. A knowledgeable and skilled partner will help you achieve and maintain compliance, mitigating legal risks and ensuring that your services are accessible to all individuals, regardless of their abilities. Prioritize partners who demonstrate a deep understanding of accessibility, a commitment to ongoing support, and a comprehensive approach to testing and remediation.

At 216digital, we specialize in helping organizations like yours successfully navigate ADA compliance with expert guidance, tailored solutions, and ongoing support. Schedule an ADA compliance briefing with our team today to learn how we can help you stay ahead of regulations, reduce legal risks, and build an inclusive digital experience. Let’s work together to ensure your organization meets and exceeds accessibility standards.

Kayla Laganiere

September 4, 2024

Testing & Remediation

ADA Compliance, ADA Website Compliance, digital accessibility, Title II, Web Accessibility
The Legal Pitfalls of Web Accessibility Overlays
Web accessibility overlays have been popping up everywhere, promising to make websites accessible with just a quick fix. These tools, often marketed as a simple solution, claim to solve accessibility issues with just a few clicks. But are they really the answer? Unfortunately, relying on an overlay might not be the quick fix it seems. Instead, it could lead to even more problems down the road, including legal trouble. Let’s take a closer look at what overlays are and the risks involved depending on them.

What Are Web Accessibility Overlays?

First, let’s break down what web accessibility overlays actually are. Overlays are tools that use a snippet of JavaScript to change a website’s code. They often come in the form of toolbars, plugins, apps, or widgets. These overlays claim to detect and fix accessibility problems on a website automatically. However, they don’t actually fix the website’s original source code. Instead, they identify basic accessibility issues, like color contrast and text size, and make adjustments. While these features are important for accessibility, the real issue is how overlays are used and depended upon.

The Legal Landscape: Recent Lawsuits and Challenges

Now that you know what overlays are and what they aim to do, let’s dive into the legal implications surrounding their use. In recent years, web accessibility overlays have faced growing scrutiny in U.S. courts. You might have heard about the recent class action lawsuit against accessiBe—one of the most popular accessibility widget providers. If you haven’t, this could be a game-changer for you.

Case Study: Tribeca Skin Care vs. accessiBe

On June 24, 2024, Tribeca Skin Care, a small dermatology practice in New York City, filed a class action lawsuit against accessiBe. Even though Tribeca used accessiBe’s overlay, a blind person still sued the practice, claiming their website didn’t meet ADA requirements. This case clearly shows the serious risks of relying solely on these tools for web accessibility.

Problems and Risks with Overlays

So, what’s the problem? Overlays like accessiBe promise to fix accessibility issues with just a few lines of code. But in reality, they can sometimes create new barriers instead of removing them. As we look at more legal cases, it becomes evident that courts are increasingly siding with plaintiffs who argue that these overlays aren’t a real substitute for having accessibility built directly into a website’s code. By mid-2024, over 20% of web accessibility lawsuits were filed against companies using these widgets. This raises a big question: Can overlay vendors really deliver the protection from lawsuits or the ADA compliance they promise?

Copycat Lawsuits: A Growing Threat

To make things even more challenging, businesses using overlays are now facing a new wave of copycat lawsuits. These lawsuits come from a new wave of ambulance chasers targeting companies that rely on third-party overlays. They know these tools often fall short of providing true accessibility. Tools like BuiltWith make it easy for anyone to see what a website is built with. With just a click, you can access a full list of websites using a specific tool—like AccessiBe or another accessibility overlay.

Exploitation of Overlay Data

What are the chances that these serial lawsuit-filing firms are using data like this to find new targets? Especially when they see success in filing lawsuits or sending demand letters against websites using overlays.

The legal argument is straightforward: if an overlay doesn’t fully meet accessibility standards, then the website is still not compliant with the Americans with Disabilities Act (ADA) and other regulations. As a result, businesses that thought they were protecting themselves with an overlay end up in court, dealing with expensive settlements and damage to their reputation.

Why Overlays Aren’t a Solution

So, why are overlays so problematic? The answer lies in their limitations. Overlays are designed to be a one-size-fits-all solution, but accessibility needs are diverse and complex. No single tool can address every issue, especially when it comes to accommodating users with different types of disabilities. For instance, while an overlay might help someone with mild visual impairments by adjusting contrast, it can’t add quality alt-text to images, or ensure that you’re using descriptive link text, for example.

Additionally, overlays are often implemented as a quick fix rather than a comprehensive solution. This can lead to a false sense of security, where businesses believe they are fully compliant with accessibility laws when, in reality, they are not. This false confidence can backfire when a lawsuit reveals the shortcomings of the overlay, leading to financial and legal repercussions.

What Can Business Owners Do Instead?

Given the risks associated with overlays, what should business owners do instead to ensure their websites are accessible? The answer lies in taking a proactive and comprehensive approach to web accessibility. Here are some steps to consider:
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 informed about any changes and make updates to your website as necessary to remain compliant.
5. Ongoing Monitoring: Compliance is not a one-time task with 216digital’s a11y.Radar service provides ongoing monitoring of your website or app to detect any new accessibility issues that may arise over time. This proactive approach helps prevent potential violations before they lead to costly lawsuits.
Overlays Are Not a Shortcut

Web accessibility overlays might appear to be a quick solution, but they come with significant legal risks. Recent lawsuits have demonstrated that these tools often fall short of meeting the required standards, leaving businesses exposed to potential legal issues. Instead of opting for an overlay, invest in a comprehensive approach to web accessibility. By integrating accessibility from the ground up, you can avoid the pitfalls of overlays and ensure that your site is genuinely welcoming and usable for all visitors.

True accessibility is about more than just sidestepping legal troubles—it’s about creating a web experience that everyone can use and enjoy. Don’t settle for a temporary fix. Invest in building a fully accessible website that serves all users effectively.

Team Up with 216digital

Ready to take the next step? Whether you want to protect against a frivolous ADA accessibility lawsuit or become WCAG 2.1 AA compliant, 216digital has you covered. Our team of accessibility experts can also develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms.

Don’t wait for a lawsuit to push you into action. Schedule a complimentary ADA strategy briefing with 216digital to take the first step toward website accessibility.
Greg McNeil

September 3, 2024

Legal Compliance

ADA Compliance, digital accessibility, Overlay, Overlay widgets, Web Accessibility
Top 9 Web Accessibility Issues and Fixes
Imagine trying to explore a website but not being able to get the information you need because the site wasn’t made with you in mind. For many people with disabilities, this is a frustrating reality.

Web accessibility isn’t just a technical requirement—it’s about making sure everyone can use your website. Whether you’re a developer, IT director, or content manager, making your website accessible is essential. By fixing common accessibility problems, you not only meet legal standards but also make your site better for everyone.

Let’s dive into the top 10 web accessibility issues and how to fix them.

1. Missing Alt Text for Images

Alt text, or alternative text, is a brief description added to images on a website. It helps people who can’t see the images understand what they are about, as the alt text is read aloud by screen readers or displayed if the image doesn’t load. When alt text is missing, people with visual impairments miss out on important information, making the website less accessible. This can lead to frustration for users and might even cause legal issues, as websites are expected to be accessible to everyone.

According to WCAG 2.1 SC 1.1.1 (Non-text Content), all non-text content, like images, needs a text alternative that serves the same purpose or provides the same information.

How to Fix:
- Add Descriptive Alt Text: For each image, write meaningful alt text that clearly describes what it’s showing or its purpose. For example, instead of just saying “Image of a dog,” say “Golden Retriever playing in a park.”
- Use Empty Alt Attributes for Decorative Images: If an image is just decorative, use an empty alt attribute (alt=””). This way, screen readers skip over these images, making navigation easier for users.
- Review and Update Regularly: Regularly check your alt text to make sure it’s still relevant, especially if you update the images or content on your site.
For more information about Alt text for images, check out our article Understanding Image Alt Text Descriptions.

2. Web Accessible Forms

Forms that are not web accessible can be a big problem for people with disabilities. When forms are not designed with web accessibility in mind, they may be hard to understand or use with assistive technologies like screen readers. For example, if a form doesn’t have clear labels or instructions, someone using a screen reader might not know what information to put in the fields. This can make it difficult or even impossible for them to complete the form.

WCAG 2.1 SC 1.3.1 (Info and Relationships)requires that the information and relationships between form elements be clear and properly coded so that assistive technologies can read and interpret them correctly.

How to Fix:
- Label Form Elements Clearly: Use the <label> tag to connect labels with each form field. This helps screen readers explain each field’s purpose. For example, use <label for=”email”>Email Address</label> with <input type=”email” id=”email”>.
- Provide Accessible Error Messages: Make sure error messages are clear and easy to understand. Use ARIA attributes like aria-live to alert users to errors and make sure screen readers can easily read the messages.
- Include Clear Instructions: Give clear instructions for filling out the form, especially for fields with specific requirements like date format or password criteria.
3. Poor Color Contrast

Low color contrast between text and background can make content hard to read, especially for users with visual impairments or color blindness. For example, light gray text on a white background is hard for many users to see.

WCAG SC 1.4.3 (Contrast – Minimum) requires a contrast ratio of at least 4.5:1 for normal text and 3:1 for large text to meet web accessibility standards.

How to Fix Color Contrast:
- Check Contrast Ratios: Use online tools like WebAIM’s Contrast Checker to make sure the color contrast between text and background meets accessibility guidelines. Aim for a contrast ratio of at least 4.5:1 for normal text and 3:1 for large text.
4. Missing Keyboard Navigation

Web keyboard navigation is a way for people to use a website just by pressing keys on their keyboard, instead of using a mouse. This is important for people who can’t use a mouse, like those with certain disabilities.

When a website doesn’t support keyboard navigation, it means that users who rely on keyboards might not be able to access all parts of the site. This is a problem because it makes the website more challenging to use for people with disabilities.

According to WCAG SC 2.1.1 Keyboard, websites need to be fully navigable using just a keyboard. This means that all buttons, links, and forms should be reachable and usable without a mouse. If a site doesn’t meet this standard, it can exclude many users and make it less accessible.

How to Fix:
- Enable Keyboard Navigation: Ensure that all interactive elements, such as links, buttons, and menus, can be accessed using only a keyboard. This includes allowing users to tab through items and activate them using the Enter or Space keys.
- Implement Proper Tab Order: Use the tabindex attribute to manage the order in which elements receive focus when tabbing. Avoid skipping focusable elements or creating confusing navigation paths.
- Use Focus Management: When interactive elements like modal dialogs or dropdown menus open, move the focus to the first interactive element within the component, and return it to the triggering element when the component closes.
5. Video and Audio Captions

Videos and audio content that lack captions or transcripts are inaccessible to users who are deaf or hard of hearing. Without captions or transcripts, these users miss out on the audio information provided in multimedia content.

WCAG SC 1.2.2 Captions (Pre-recorded) mandates that videos and audio content include captions to assist users who are deaf or hard of hearing. Without captions, these users may miss crucial information, making it more challenging for them to grasp or engage with the content fully.

How to Fix:
- Provide Captions: Make sure your videos include captions that match what people say. Start with tools like YouTube’s automatic captions, but edit them manually to ensure accuracy.
- Create Transcripts: Give users transcripts for your audio content. A transcript is a written version of what’s said in a video or audio file, including important sounds. Users can read these transcripts or use them with text-to-speech tools.
- Make Captions and Transcripts Available: Allow users to turn captions on or off and offer transcripts for download. This gives people the choice to use captions or read the text in a way that works best for them.
6. Missing Skip Links

Web accessible skip links are special links on a website that let people quickly jump past repetitive content, like navigation menus, to get to the main part of the page. This is especially helpful for people using screen readers or keyboard navigation.

If a website is missing these skip links, it can make it much harder for users to navigate, which goes against WCAG SC 2.4.1 Bypass Blocks.” This helps users quickly get to the content they need, reducing the effort required to access important content.

How to Fix Skip Links:
- Add Skip Navigation Links: Place “skip to content” links at the top of your web pages. These links should be one of the first elements in the tab order, allowing users to bypass repetitive navigation and go directly to the main content.
- Make Skip Links Visible: Ensure that skip navigation links are visible when focused. Use CSS to make them visually prominent when selected by a keyboard, so users know where they are skipping to.
7. Unclear Headings and Structure

Poorly structured headings can make it difficult for users with screen readers to understand the organization of the content. For example, if headings are not used correctly or if they are missing, users may struggle to comprehend the hierarchy and flow of the information.

WCAG SC 1.3.1 Info and Relationships requires that content structure and relationships be programmatically determined or available in text. Proper use of headings and a clear content structure ensure that users can navigate and understand the content more easily.

How to Fix:
- Use Proper Heading Tags: Implement <h1>, <h2>, <h3>, etc., in a logical order to reflect the content’s structure. The <h1> tag should represent the main title, with subsequent headings breaking down the content into logical sections.
- Ensure Headings Are Descriptive: Headings should clearly describe the content that follows, helping users understand what each section covers. For example, instead of a generic heading like “Details,” use “Product Specifications.”
- Maintain a Consistent Structure: Consistently apply heading tags across your website to create a predictable and accessible content structure, making it easier for users to navigate.
8. Inconsistent Link Text

Links with vague or repetitive text like “click here” or “read more” can be confusing for screen reader users as they lack context about the link’s destination or purpose. For example, if several links are labeled “read more,” users may not know which topic they are referring to.

WCAG SC 2.4.4 Link Purpose (In Context) requires that the purpose of each link be clear from the link text alone or from the surrounding context. This helps users understand where a link will take them and ensures that all users can navigate effectively.

How to Fix:
- Use Descriptive Link Text: Ensure that the link text clearly indicates what the link will do or where it will take the user. For instance, instead of saying “click here,” use “Download our accessibility guide.”
- Avoid Repetition: Ensure that each link’s text is unique, especially if links are close to each other. This helps users distinguish between different links and understand their destinations.
- Provide Context in Surrounding Text: If necessary, add context around the link text to clarify its purpose. However, the link text itself should still be sufficiently descriptive on its own.
9. No Focus Indicators

Web accessible focus indicators are visual cues that show which part of a website a user is currently interacting with, like when using a keyboard or a screen reader.

According to WCAG SC 2.4.7 Focus Visible, “Focus Visible,” these indicators are crucial for making websites easy to navigate. Without them, users might struggle to see where they are on the page, which can make the site hard to use, especially for people with disabilities. Proper focus indicators help everyone use a website more effectively and inclusively.

How to Fix Focus Indicators:
- Ensure Visible Focus: Use CSS to create clear, visible focus indicators for all interactive elements. For example, you can use outline: 2px solid #000; to ad a solid black outline when an element is focused.
- Customize Focus Styles: Enhance default focus styles to make them more visible, especially if the default outline blends into the background. Consider using a contrasting color or a thicker border.
How to Test for Web Accessibility Issues

Testing for web accessibility can be done using a combination of manual checks and automated tools. Let’s take a look at a quick guide:
1. Manual Testing: Use a keyboard to navigate your site and check all interactive elements. Utilize screen readers to ensure that content is read out correctly and that forms, buttons, and links are accessible.
2. Automated Tools: Use tools like WAVE, Axe, or Lighthouse to perform automated accessibility audits. These tools can quickly identify many common issues, but manual testing is still essential for thorough accessibility checks.
3. User Testing: If possible, involve users with disabilities in your testing process. They can provide valuable feedback on real-world accessibility issues that automated tools might miss.
Building a Path to Web Accessibility

Making sure your website is accessible goes beyond just checking off boxes—it’s about creating a welcoming space where everyone can connect with your content. By tackling common accessibility issues, you not only improve how people experience your site but also protect your organization from potential legal problems and open up new audience opportunities.

If you want to learn more about improving your website’s accessibility initiative, schedule a complimentary ADA strategy briefing with the experts at 216digital. We make web accessibility simple and achievable, helping you develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms.

Don’t let your website fall behind on accessibility. Let’s work together to make sure everyone can fully experience your site.
Greg McNeil

August 22, 2024

How-to Guides

Accessibility, ADA Compliance, digital accessibility, Web Accessibility, web development, Website Accessibility
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

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

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
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
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

What Are Web Accessibility Overlays?

Overlay’s Intended Purpose

The Reality: Why Overlays Often Fall Short

Broken Functionality

Limited Customization

Disruptive Presence

Overlay’s Provide a False Sense of Security

Common Issues with Overlays

Firsthand User Experiences

Why Overlays Are Seen as a “Quick Fix”

Superficial Solutions

Potential for Increased Barriers

Legal and Ethical Concerns

The Path to Genuine Accessibility

Take the Next Step Towards Accessibility

What Is ARIA and Why Is It Important?

ARIA Landmarks: What Are They?

Why Are ARIA Landmarks Important?

How to Implement ARIA Landmarks Step-by-Step

Adding the Header Landmark

The Main Landmark

Using the Navigation Landmark

Adding the Footer Landmark

ARIA Roles: What Are They?

Why Are ARIA Roles Important?

How to Implement ARIA Roles Step-by-Step

Creating a Custom Button

Adding a Dialog Role

Creating an Alert

Going Beyond ARIA: Continue Your Accessibility Journey

Team Up with 216digital

Have You Worked with ADA Title III Compliance Before?

How Well Do You Know WCAG 2.1 A/AA Standards?

How Skilled is Your Team in Accessibility?

What is Your Process for Conducting Accessibility Audits?

How Do You Prioritize and Address Accessibility Issues?

What Testing Methods Do You Use?

How Will You Help Us Maintain Accessibility Over Time?

What Technology and Tools Do You Use for Accessibility?

Do You Offer Training?

Conclusion

What Are Web Accessibility Overlays?

The Legal Landscape: Recent Lawsuits and Challenges

Case Study: Tribeca Skin Care vs. accessiBe

Problems and Risks with Overlays

Copycat Lawsuits: A Growing Threat

Exploitation of Overlay Data

Why Overlays Aren’t a Solution

What Can Business Owners Do Instead?

Overlays Are Not a Shortcut

Team Up with 216digital

1. Missing Alt Text for Images

How to Fix:

2. Web Accessible Forms

How to Fix:

3. Poor Color Contrast

How to Fix Color Contrast:

4. Missing Keyboard Navigation

How to Fix:

5. Video and Audio Captions

How to Fix:

6. Missing Skip Links

How to Fix Skip Links:

7. Unclear Headings and Structure

How to Fix:

8. Inconsistent Link Text

How to Fix:

9. No Focus Indicators

How to Fix Focus Indicators:

How to Test for Web Accessibility Issues

Building a Path to Web Accessibility

Understanding Web Accessibility and ADA Lawsuits

Why Are Small Businesses Targeted by Plaintiffs’ Lawyers?

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

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

Protect Your Small Business With 216digital

Trends in 2024 for ADA Lawsuits

Decrease in Overall ADA Lawsuit Numbers

Impact of Recent Defense Victories

Small Companies Are in the Crosshairs