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  • 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
  • Why Accessible Buttons Matter for Your Website

    Why Accessible Buttons Matter for Your Website

    As a website owner, developer, or content creator, you’ve probably heard the term “web accessibility” tossed around. But what does it really mean, and why should you care? Specifically, how do accessible buttons fit into this equation? In today’s blog post, we’ll break down everything you need to know about web accessibility for buttons. We’ll cover why it’s essential, the guidelines you need to follow, and practical tips on creating buttons that everyone can use.

    Why Web Accessibility for Buttons is Important

    Let’s start with the basics: what is web accessibility? Simply put, web accessibility means designing websites and digital tools so that everyone, including people with disabilities, can use them. This includes people with visual, auditory, cognitive, and motor impairments. Accessible buttons play a huge role in this.

    Think about how often you click a button online—whether you’re submitting a form, making a purchase, or navigating to another page. Now imagine trying to do those things if the buttons were hard to see, difficult to click, or didn’t make sense when read by a screen reader. For millions of people, this is a daily reality.

    Creating accessible buttons isn’t just about following guidelines—it’s about ensuring that everyone can interact with your website easily and effectively. By making your buttons accessible, you’re not only improving the user experience but also reaching a wider audience, boosting your SEO, and demonstrating social responsibility.

    Understanding the WCAG Guidelines for Accessible Buttons

    The Web Content Accessibility Guidelines (WCAG) are the go-to resource when it comes to web accessibility. They provide a set of recommendations designed to make web content more accessible to people with disabilities. When it comes to buttons, there are specific guidelines to keep in mind.

    Perceivable

    Text Alternatives (WCAG 1.1.1)

    Every button should have a text alternative that conveys the same information as the visual button. This can be done using alt text or aria-labels. This ensures that users who rely on screen readers can understand the button’s purpose.

    Contrast (WCAG 1.4.3)

    Buttons should be easily noticeable by all users, not just those with disabilities. Color plays a significant role in this. You’ll want to ensure that both the button color and the text have sufficient contrast. Buttons should have a high contrast ratio of at least 4.5:1 between the text and background colors to ensure they are easy to see, even for users with visual impairments.

    Operable

    Keyboard Accessibility (WCAG 2.1.1)

    Make sure that all buttons can be accessed and activated using a keyboard. This is crucial for users who cannot use a mouse. Not all users are able to use a mouse to navigate the web which means users need to be able to navigate and click on buttons using just their keyboard.

    Focus Indicators ( WCAG 2.4.13)

    When a button is selected or “focused,” it should be visually distinct so users can easily see which button they’re interacting with. Button elements should be designed to give a clear visual cue to the user. WCAG 2.4.13 recommends at least a 2 CSS pixel thick perimeter around the button.

    Understandable

    Clear Labels (WCAG 3.3.2)

    When creating buttons, make sure the labels are clear and easy to understand, so that users know what will happen when they click the button. You can use WAI-ARIA (ARIA roles) to help with this. By including ARIA labels in your HTML, you can avoid confusion and anxiety around buttons and clearly communicate what action will follow when the button is clicked.

    Consistent Navigation (WCAG 3.2.3)

    If your website uses buttons for navigation, ensure that the buttons are consistent across pages to avoid confusion.  

    Robust

    Screen Reader Compatibility (WCAG 4.1.2)

    Did you know that buttons have different states besides their default one? This includes hover, click, active, and more. Each of these states needs to have clear cues so that users with disabilities and assistive technologies can easily use them. It’s important to make sure your buttons work on different devices and web browsers, including with tools like screen readers. 

    We recommend testing your content with different types of screen readers, like NVDA, Voiceover, or JAWS, to ensure that they are being announced as buttons and not links.

    How to Create Accessible Buttons

    Now that you understand the importance and guidelines of web accessibility for buttons, let’s explore the practical steps you can take to make them accessible.

    Use Semantic HTML

    One of the simplest ways to make your buttons accessible is to use the correct HTML elements. For example, use the <button> tag for buttons rather than trying to repurpose other tags like <div> or <span>. The <button> tag is designed for user interaction and is inherently more accessible because it’s recognized by assistive technologies.

    Here’s a quick example:

    <button type="submit">Submit</button>

    This button is easy for screen readers to identify and interact with. It also works well with keyboards, making it accessible to a broader audience.

    Make Sure Button Labels are Clear and Descriptive

    Button labels should be straightforward and describe the action that will occur when clicked. Avoid using vague labels like “Click Here” or “More” because they don’t provide enough context. Instead, be specific. For instance, “Submit Form,” “Download Report,” or “Add to Cart” are much better options.

    A clear label helps everyone, but it’s especially crucial for screen reader users. When the screen reader announces the button, the user should instantly understand what will happen if they activate it.

    Provide Alt Text or ARIA Labels for Buttons

    If your button uses an image or icon instead of text, you need to provide an accessible name for the button. This can be done with alt text or an aria-label. This ensures that screen readers can announce the button’s function to the user.

    Here’s an example:

    <button aria-label="Search">
<img src="search-icon.png" alt="">
</button>

    In this case, the aria-label tells the screen reader that this is a search button, even though the button itself only displays an image.

    Ensure High Contrast for Better Visibility

    High contrast between the button text and background is essential for users with visual impairments, including color blindness. WCAG recommends a contrast ratio of at least 4.5:1 for normal text and 3:1 for large text.

    For example, if your button has white text on a blue background, make sure the shade of blue is dark enough to provide sufficient contrast.

    Test Keyboard Accessibility

    Many users rely on a keyboard rather than a mouse to navigate a website. Ensure that all buttons can be accessed using the Tab key and activated with the Enter or Space key.

    To test this, try navigating your site using only the keyboard. If you can’t reach or activate a button, you’ll need to adjust your code to make it keyboard accessible.

    The Role of Button Labels in Web Accessibility

    Button labels are crucial in web accessibility. They guide users on what to do next and are particularly important for those using screen readers or other assistive technologies. Here’s how to get button labels right:

    Write Alt Text as Simple Sentences

    If your button includes an image or icon, write alt text that clearly and succinctly describes the button’s action. Alt text should be simple, direct, and written as a complete sentence whenever possible. 

    For example:

    <button aria-label= "Download report">
<img src="download-icon.png" alt="Download report">
</button>

    This alt text tells the user exactly what the button does. Avoid overly complex or vague descriptions, as they can confuse users.

    Avoid Repeat or Redundant Button Labels

    On some websites, you might find multiple buttons with the same label, like several “Learn More” buttons on a single page. This can be confusing for users who rely on screen readers, as they won’t know which “Learn More” button corresponds to which section of content.

    To avoid this, make sure each button label is unique and descriptive. If you have several buttons that perform similar actions, differentiate them by adding context. For example:

    • “Learn More About Our Services”
    • “Learn More About Our Products”
    • “Learn More About Our Team”

    Testing and Maintaining Accessible Buttons

    Once you’ve created accessible buttons, it’s important to test them regularly to ensure they work as expected. Here are some ways to test your buttons:

    Screen Reader Testing

    Use a screen reader like NVDA (Windows), Voiceover (Mac), or JAWS to navigate your website. Ensure that each button is announced correctly and that its purpose is clear.

    Keyboard Navigation

    Test your site using only a keyboard to make sure that all buttons are accessible and functional. Check that the focus state is visible and that buttons can be activated with the Enter or Space key.

    Color Contrast Testing

    Use tools like the WCAG Contrast Checker to verify that your button colors meet accessibility standards.

    Ongoing Maintenance

    Web accessibility is not a one-time task. As you add new content and features to your website, make sure that any new buttons meet accessibility guidelines. Regularly audit your site to catch and fix any issues.

    216digital’s a11y.Radar ADA Monitoring

    With 216digital’s a11y.Radar, maintaining an ADA-compliant website is easier than ever. This automated platform continuously audits your site, reporting on accessibility efforts by your team or an external agency. You’ll get real-time updates on potential issues, access to an intuitive dashboard, and tools to manage and resolve problems.

    Key Features:

    • Dynamic Dashboard
    • Compliance Scans
    • Detailed Issue Reports
    • Issues Over Time Tracking
    • Manual Testing Reports
    • Email Alerts
    • Current Compliance Status

    Schedule a complimentary ADA Strategy Briefing to speak with one of our accessibility experts about a11y.Radar ADA Monitoring today.

    Button Up for Web Accessibility

    Web accessibility is essential for creating an inclusive online experience, and accessible buttons are a crucial part of that equation. By following the WCAG guidelines, using clear and descriptive labels, and testing your buttons for accessibility, you can ensure that your website is usable by everyone.

    Remember, accessible buttons not only help users with disabilities—they improve the overall user experience for everyone. As a website owner, developer, or content creator, making your buttons accessible is a simple yet powerful way to make your site more inclusive and effective.

    So, the next time you add a button to your website, take a moment to consider its accessibility. It’s a small effort that can make a big difference.

    Greg McNeil

    July 23, 2024
    How-to Guides
    Accessibility, Accessible Buttons, ADA Compliance, ADA Website Compliance, web development, Website Accessibility
  • The True Cost of ADA Lawsuits: More Than Just Settlements

    The True Cost of ADA Lawsuits: More Than Just Settlements

    As a business owner with an online presence, you’re likely familiar with the importance of keeping up with legal requirements and ensuring your website meets certain standards. However, one area that might not be on your radar but deserves serious attention is web accessibility and the potential for ADA lawsuits.

    Understanding Web Accessibility

    Web accessibility refers to the practice of ensuring that websites and web applications are usable by everyone, including people with disabilities. This includes making content perceivable, operable, understandable, and robust for all users, regardless of their abilities or disabilities.

    The Americans with Disabilities Act (ADA) was enacted in 1990 to prohibit discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and public and private places that are open to the general public. Over the years, courts have extended ADA requirements to include websites and digital platforms, considering them as places of public accommodation.

    The Rise of ADA Lawsuits

    In recent years, there has been a significant increase in lawsuits against businesses alleging that their websites are not accessible to individuals with disabilities. These lawsuits typically cite violations of the ADA, claiming that inaccessible websites prevent full and equal access to goods and services.

    The cost implications of these lawsuits are often underestimated by businesses. While the immediate financial impact of a settlement can be substantial, the true costs extend far beyond just the monetary figure agreed upon.

    Direct Costs: Settlements and Legal Fees

    Let’s start with the obvious: the direct costs. When a business is sued for ADA non-compliance, the most immediate expense is usually the settlement paid to the plaintiff. Settlement amounts can vary widely but often range from several thousand to tens of thousands of dollars. In addition to the settlement, businesses often incur significant legal fees defending against these lawsuits, which can escalate quickly depending on the complexity and duration of the case.

    Indirect Costs: Reputational Damage and Lost Opportunities

    Beyond the financial impact, ADA lawsuits can also have indirect costs that are harder to quantify but equally damaging. One such cost is reputational damage. In today’s digital age, news of an ADA lawsuit can spread quickly through social media and online platforms, potentially tarnishing a business’s reputation and undermining customer trust. For businesses that pride themselves on inclusivity and fairness, being embroiled in an accessibility lawsuit can contradict their values and negatively impact their brand perception.

    Moreover, while dealing with a lawsuit, businesses may lose focus on core activities and strategic initiatives. The time and resources spent on legal proceedings could otherwise be invested in improving products and services, expanding market reach, or enhancing customer experiences.

    Long-Term Costs: Compliance and Accessibility Upgrades

    Perhaps the most overlooked aspect of ADA lawsuits is the long-term cost of achieving compliance and maintaining accessibility. Achieving ADA compliance involves not just fixing issues highlighted in the lawsuit but implementing a comprehensive accessibility strategy that ensures ongoing compliance with evolving standards.

    This may include redesigning website elements, restructuring content, integrating assistive technologies, and training staff to create and maintain accessible digital content. These efforts require investments in time, technology, and expertise, all of which contribute to the total cost of addressing accessibility concerns raised by an ADA lawsuit.

    The ROI of Web Accessibility

    Despite the daunting costs associated with ADA lawsuits, there is a compelling case for investing in web accessibility beyond mere compliance. Research indicates that accessible websites tend to have better usability for all users, resulting in improved user experience, increased engagement, and potentially higher conversion rates. Moreover, catering to a broader audience can open up new market opportunities and enhance customer loyalty.

    Taking Action: Protecting Your Business

    As a website owner, protecting your business from ADA lawsuits begins with understanding and prioritizing web accessibility. Here are some proactive steps you can take:

    1. Conduct an Accessibility Audit: Start by assessing your website’s current level of accessibility. Identify areas that need improvement and prioritize fixes based on their impact on usability and compliance.
    2. Implement Accessibility Best Practices: Familiarize yourself with web accessibility guidelines such as the Web Content Accessibility Guidelines (WCAG). Implementing these best practices not only helps in compliance but also improves usability for all users.
    3. Train Your Team: Educate your content creators, designers, and developers about accessibility standards and best practices. Encourage a culture of accessibility within your organization to ensure that accessibility considerations are integrated into all aspects of your digital presence.
    4. Monitor and Maintain Accessibility: Accessibility is not a one-time fix but an ongoing commitment. Regularly monitor your website for accessibility issues and address them promptly. Keep abreast of changes in accessibility standards and technology to stay ahead of potential compliance issues.
    5. Consult with Experts: If you’re unsure where to start or need guidance, consider consulting with accessibility experts or hiring professionals who specialize in web accessibility audits and remediation.

    Conclusion

    Navigating the complexities of ADA compliance and web accessibility can seem daunting, but you don’t have to go it alone. The financial and operational impacts of ADA lawsuits can be far-reaching, from legal fees to reputational damage, and the ongoing investment in accessibility upgrades. By proactively integrating web accessibility into your business strategy, you not only mitigate the risk of costly lawsuits but also enhance the overall user experience and showcase your commitment to inclusivity.
    At 216digital, we’re here to help you navigate these challenges with ease. Schedule a complimentary ADA strategy briefing with us to gain valuable insights and practical solutions tailored to your needs. Let us help you turn accessibility into a strategic advantage, ensuring that your digital presence is inclusive, innovative, and poised for success.

    Greg McNeil

    July 17, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA Lawsuits, ADA non-compliance, ADA Website Compliance
  • Do You Need Web Accessibility Monitoring?

    Do You Need Web Accessibility Monitoring?

    Your website is now accessible, but there’s more to be done. Web Accessibility is not a one-and-done task – it’s an ongoing effort to make sure that everyone can easily use and access your site.

    While remediation is an excellent first step, the truth is that you’re just getting started. You now have to keep up the progress you’ve made with your site through constant observation, assessment, and development. 

    In this post, we’ll go over why you need web accessibility monitoring and what you should look for to maintain your digital properties. 

    Challenges in Maintaining Accessibility

    To run an online business successfully, you must be prepared to adapt to constant change. However, updates to your website, such as adding new content or features like forms or plugins, can affect its accessibility.

    Even small changes can create accessibility barriers. Each change carries the risk of making your website difficult to use for people with disabilities,, and you may not even be aware of it.

    Challenges A Website Could Experience

    Here are some common challenges a website might face:

    • Lack of Training: Staff responsible for maintaining the website may lack awareness or understanding of accessibility principles and techniques.
    • Content Updates:  Modifying the website’s content and adding new features. 
    • Third-Party Widgets or Plugins: Websites rely on external plugins and tools, which can be challenging to keep up-to-date and accessible.

    Regular audits and testing are essential to ensure your website is accessible to everyone. One way to do this is through monitoring. But how do you monitor your website?

    What is Web Accessibility Monitoring?

    Accessibility monitoring is an ongoing and proactive process that regularly checks online content for accessibility violations. Think of it as an early warning system, allowing developers and content creators to identify and fix potential barriers quickly.

    There are two ways to monitor accessibility: automated and manual. However, they differ significantly in their approach and the level of thoroughness they provide. Below, you can find a description of both.

    Automated Monitoring

    Automated tools use algorithms to quickly scan web pages for accessibility issues based on predefined criteria. They are efficient for identifying certain barriers, such as missing alternative text for images or improper use of headings. However, automated tools will only catch 30% of issues and should be used with manual testing.

    Manual Monitoring

    Manual testing involves human experts reviewing web pages to identify accessibility barriers using assistive technologies such as screen readers. Human testers can provide a deeper insight that automated tools may miss, such as understanding the context of content or the user experience for people with disabilities. However, manual testing is time-consuming and labor-intensive. It may not be feasible for frequent updates or large-scale projects.

    Why You Should Use a Monitoring Service

    Having a web accessibility monitoring service is crucial for various reasons:

    1. Legal Compliance

    In many countries, including the United States, laws require websites to be accessible to individuals with disabilities. For instance, the Americans with Disabilities Act (ADA) mandates that both state and federal agencies make their online content usable for everyone. Monitoring services are vital in ensuring compliance with these regulations by regularly checking a website’s accessibility.

    To learn more about laws regarding web accessibility, check out our article, “Navigating Digital Accessibility Regulation in 2024.”

    2. Risk Management

    ADA compliance isn’t just a one-time task; it’s an ongoing commitment. Failing to meet accessibility standards can lead to legal risks such as lawsuits and fines. In 2023 alone, federal and state courts dealt with 4,605 lawsuits related to web accessibility, with over 25% targeting companies previously sued for similar issues.

    Regularly monitoring your website helps mitigate these risks by identifying any violations promptly.

    3. Spotting Barriers Early

    Monitoring services can detect accessibility barriers caused by updates, changes in code, or new content. Addressing these issues early in development can help save time and resources.

    4. Documentation

    These services also document a website’s accessibility level, which is crucial for tracking improvements and proving compliance with standards.

    Analyzing this data helps teams identify recurring issues and patterns, enabling strategic planning to enhance accessibility through regular maintenance and updates.

    5. Enhancing User Experience

    Accessibility isn’t just about following rules; it’s about providing a better experience for all users. Accessible websites are easier to use, leading to higher user satisfaction and retention. Monitoring services enable you to identify usability issues and enhance the overall user experience.

    6. Cost-Effective Development

    Dealing with accessibility issues early in development is more cost-effective than making changes later. Regular monitoring helps catch problems before they escalate, reducing the resources needed for fixes and potential legal fees.

    What to Look for in a Monitoring Service

    Choosing the right web accessibility monitoring service is crucial to ensure your website is usable by everyone, including those with disabilities. Here are key factors to consider:

    1. Accessibility Standards: Check if the service follows recognized standards like the Web Content Accessibility Guidelines (WCAG), covering levels A, AA, or AAA.
    2. Type of Monitoring: Look for a service offering automated and manual testing
    3. Scalability: Check if the service can handle large or multiple websites. It should handle the scale of your site and provide accurate results.
    4. Integration: Select a service that seamlessly integrates with your existing workflows, including your Content Management System (CMS) or development environment.
    5. Reporting: Opt for a service that offers detailed reports for tracking progress.
    6. Training and Resources: Look for resources such as training materials to help your team understand and implement accessibility improvements.
    7. Cost: Evaluate pricing based on factors such as the number of pages, frequency of scans, and additional features.

    Before deciding, try out a few services to find the best fit for your needs. 

    216digital’s a11y.Radar ADA Monitoring

    Ensuring your website remains accessible is an ongoing task, but it needn’t be daunting. With 216digital‘s a11y.Radar ADA monitoring service, you’re equipped with the tools and insights needed to maintain an ADA-compliant website that welcomes all users.

     a11y.Radar is an automated recurring ADA web compliance auditing platform.a11y.Radar ADA monitoring service reports on your ongoing accessibility efforts, whether conducted by your internal digital teams or an outside web agency. Access enhanced dashboards and receive updates to content, code, and user experience that could pose potential blocks to users or threaten your accessibility standards. In addition, our seamless interface allows your team members to view current issues and manage pending adjustments.

    a11y.Radars Key Features include:

    • Dynamic Dashboard Display
    • Compliance Scans
    • Detailed Issues Reports
    • Issues Over Time
    • Manual Testing Reports
    • Email Alerts
    • Current Web Compliance Status

    Schedule a complimentary ADA strategy briefing to speak with one of our accessibility experts about a11y.Radar ADA Monitoring today. 

    Greg McNeil

    June 27, 2024
    Web Accessibility Monitoring
    Accessibility, Accessibility monitoring, ADA, ADA Compliance, web accessibility monitoring, Website Accessibility, Website Accessibility Tools
  • Is Your Website Exempt From the ADA?

    Is Your Website Exempt From the ADA?

    As experts in digital accessibility, we get asked a lot of questions by potential clients. But one question stands out: Why should I make my website accessible if disabled customers can’t use my products or services? Do I have to follow the Americans with Disabilities Act (ADA)?

    It can be hard to know exactly how the ADA applies to your website amidst all the legal jargon and technical standards. Plus, it’s undeniable that implementing and maintaining web accessibility takes time and resources. So, do you need to put effort into making your website accessible for all users?

    It is time we tackled this question head-on and address the elephant in the room. 

    Understanding the ADA

    The ADA is a civil rights law that protects the rights of people with disabilities in all areas of public life. This includes workplaces, schools, transportation, and places open to the public, whether they’re run by the government or by private businesses. 

    For example, the ADA requires employers to provide necessary adjustments, like ramps, to employees with disabilities. The goal is to make sure that people with disabilities have the same opportunities and rights as everyone else.

    We often think of the ADA as only applying to physical places we can visit, like stores or schools. But what about places we visit online, like websites?

    Do Websites Have to be Accessible?

    Websites are not exempt from ADA compliance. Even though the ADA doesn’t directly mention digital accessibility or websites, the Department of Justice (DOJ) has clarified that websites do fall under the ADA’s purview, stating:

    “…the Department has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”– US Department of Justice | Guidance on Web Accessibility and the ADA (2022)

    In other words, if your website is not accessible to people with disabilities, it is not compliant with the ADA, as websites are considered public places. But what if a disabled person can’t use your product or service? 

    Are You Exempt From the ADA?

    Some businesses believe they are exempt from ADA compliance if their products or services are not specifically tailored for people with disabilities. However, this is far from the truth. 

    The ADA applies to all businesses, regardless of their target audience. These misconceptions often stem from false assumptions and a lack of context. Let’s explore this issue in further detail.

    Avoiding Assumptions About User Capabilities

    Deaf individuals can be skilled musicians.

    Wheelchair users can drive cars.

    People with physical disabilities excel in sports.

    Sometimes, our assumptions stem from picturing ourselves attempting tasks with specific disabilities. While you might initially struggle with a particular activity, those with disabilities possess unique skills and knowledge.

    Moreover, disabilities vary widely in nature and severity, and what may work for one individual may not hold true for another. Take vision, for instance. While one person might be color blind, another might grapple with legal blindness.

    Even within the same person, capabilities may fluctuate depending on the context. For example, a person with Parkinson’s Disease might be able to walk on certain days but not others.

    Why Someone Might Access Your Content 

    But what if a disabled customer clearly can’t use my products or services? As with anything, context is everything. Let’s take a look at a few real-life examples. 

    Mirrors and the Visually Impaired

    One of our clients was recently sued for ADA compliance by a visually impaired user. If you are wondering why a visually impaired user would be shopping for a mirror, you would not be alone. However, once more, context is everything. 

    A visually impaired person could have many reasons to look at a mirror company’s website. Some examples could include:

    • Buying a gift for a family member or friend
    • Decorations in their home or office
    • Looking for someone else or work
    • The severity of their disability isn’t that severe
    • Interest in the product or service

    However, while some users might wander onto your site with pure intentions, others might be seeking an easy target. 

    The Risks of ADA Non-Compliance

    Over the past 20 years, several lawsuits and DOJ settlements have been filed due to accessibility barriers. Just in 2023, plaintiffs brought 4,605 ADA-related lawsuits to federal and state courts, 683 more than the previous year.

    But that’s not all. In addition to these lawsuits, there were countless demand letters addressing digital accessibility concerns. In 2022 alone, an estimated 1,500 of these letters were sent out every week. These letters typically list the web accessibility issues plaintiffs encountered on the site. Plaintiffs can seek restitution in the form of tens of thousands of dollars.

    The expenses of these lawsuits and settlements can be hefty, covering legal fees, settlements, and damages. By investing in digital accessibility now, your business can avoid getting tangled up in expensive legal disputes down the road.

    A Step Towards ADA Compliance

    If you’re a website owner, you might feel overwhelmed or even caught off guard. But here’s the deal:

    Web and digital accessibility isn’t just about compliance; it’s about inclusivity. Anyone, at any time, may encounter barriers to accessing your website, and it’s your responsibility to accommodate diverse user needs. Whether selling products, offering services, or providing information, your website must be accessible to all users. 

    Here are some steps you can take to improve your digital accessibility:

    1. Conduct an Audit: Scan your website to identify any barriers to accessibility. 
    2. Make a Plan: Address the barriers identified in the audit, prioritizing the most critical ones first. 
    3. Consult the Experts: Consider partnering with an accessibility expert to oversee ongoing web accessibility efforts and ensure compliance with ADA requirements. 
    4. Train and Education: Educate your staff on WCAG best practices and how to maintain accessibility standards moving forward. 
    5. Regular Monitoring: Continuously monitor your website for accessibility issues and address them promptly. 

    Why Federal Web Accessibility Lawsuits Are

    Digital accessibility is not just a legal requirement but a fundamental aspect of providing equal online access to goods and services. To ensure your website complies with the ADA and serves a key demographic — it’s essential to find and fix accessibility barriers on your site. And that’s where 216digital can help.

    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 towards website accessibility.

    Greg McNeil

    June 20, 2024
    Legal Compliance
    ADA, ADA Compliance, ADA Web Accessibility, ADA Website Compliance, Website Accessibility
  • New ADA Title II Guidelines: What You Need to Know

    New ADA Title II Guidelines: What You Need to Know

    For years, digital accessibility advocates and state and local governments have grappled with the lack of clear guidelines regarding web accessibility under the Americans with Disabilities Act (ADA). Thankfully, that’s about to change. 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. In this post, we’ll walk you through these updates, explain their implications, and show you how to stay compliant.

    What is ADA Title II?

    The ADA is a landmark civil rights law passed in 1990. It prohibits discrimination against people with disabilities in all public areas. Title II specifically addresses the obligations of public entities, such as state and local governments, to provide equal access to their programs, services, and activities. This includes services, programs, and activities offered online and through mobile apps.

    What Are the New Regulations Under Title II?

    In a significant move towards inclusivity, the new regulations under ADA Title II require all U.S. state and local government websites and mobile apps to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 AA. Created by the World Wide Web Consortium (W3C), these guidelines are the gold standard for making digital content accessible to individuals with disabilities.

    Following these standards ensures everyone can access essential services like paying taxes, viewing public records, and participating in community events.

    Who is Affected by This New Rule?

    The new ADA Title II rule on accessibility casts a wide net, impacting various entities:

    • State and Local Governments: All branches, departments, and agencies, such as city councils, health departments, police departments, and fire departments.
    • Special Districts: Districts focused on specific public functions or services, like water distribution, public transportation, and park management.
    • Contractors and Third Parties: Companies contracted by state or local governments to provide public services.

    Content Created by Third-party Contractors and Software Vendors

    To comply with the new rule, governments must ensure that all their websites and mobile apps are accessible, including any digital content from third-party vendors or agencies. The rule states that any online content a public entity shares with users must meet accessibility standards, regardless of whether it comes directly from a public entity or a third-party organization under contract.

    For example, suppose a city hires a third-party app to handle parking payments. In that case, that app must meet the WCAG 2.1 AA accessibility guidelines.

    When Will the New Rule Take Effect?

    The final rule took effect in June 2024, 60 days after being published in the Federal Register. Public entities now have two to three years to ensure their websites and mobile apps meet WCAG 2.1 AA standards, depending on their size:

    • Public entities with a population of 50,000 or more: Must comply within two years (by April 24, 2026).
    • Public entities with a population of less than 50,000 and all special district governments: Have three years to comply (by April 24, 2027).

    After these deadlines, state and local governments must maintain WCAG 2.1 Level AA standards for their digital content.

    Why Were These Regulations Made Now?

    Many state and local governments now offer most of their services, programs, and activities online and through mobile apps. This shift has increased the risk of people with disabilities facing barriers when trying to access essential services or participate in civic activities.

    As a result, many organizations sought guidance from the federal government on what ADA compliance looks like for digital content. The Department of Justice‘s (DOJ) new rule provides that clarity by outlining specific technical standards for measuring compliance.

    Associate Attorney General Vanita Gupta emphasized this commitment, saying: “We will use all our tools, including enforcement, to ensure people with disabilities have equal access to online services.”

    How Will the DOJ Enforce Compliance with ADA Title II?

    The new rule will use existing methods for enforcement, including:

    • Self-evaluation and Reporting: Organizations need to regularly check their websites and mobile apps to ensure they meet ADA standards and report their findings to federal agencies.
    • Technical Assistance and Guidance: The DOJ and other agencies provide resources to help organizations understand and follow the ADA Title II guidelines.
    • Public Complaints: Anyone affected by barriers on state or local government websites can file a complaint directly with the DOJ.
    • DOJ Audits and Reviews: The DOJ periodically audits public entities’ websites and mobile apps to find issues that haven’t been reported through complaints.

    What Are the Penalties for Non-compliance?

    Government entities that don’t follow the new regulations could face legal trouble, fines, and orders to fix their websites. If an entity fails to meet the standards on time, several things could happen:

    • Mediation and Resolution: Usually, the first step is mediation to help the entity understand the issues and find ways to fix them.
    • Penalties and Fines: In severe cases or if problems persist, penalties can be imposed to motivate quick action.
    • Mandated Corrective Actions: Entities might have to make specific changes, like redesigning their websites or updating mobile apps.
    • Legal Action: If an entity continues to ignore the rules, the DOJ may take legal action.

    State and local governments must take these regulations seriously and prioritize accessibility.

    How State and Local Governments Can Achieve Compliance

    To comply with ADA Title II, state and local governments must follow WCAG 2.1 Level AA standards. If you’re a government leader or a business working with public entities, here are some steps to ensure compliance:

    1. Conduct an Audit: Start with a thorough web accessibility audit to identify any barriers to user access.
    2. Make a Plan: After identifying the barriers, create a plan to address them, focusing first on the most critical issues.
    3. Use Clear Communication: Use simple and clear language. Provide alternatives like text transcripts for videos and audio content.
    4. Integrate Assistive Technologies: Regularly test your websites or apps with tools like screen readers to ensure they support various accessibility features.
    5. Train Your Staff: Educate your team on best practices for web accessibility to ensure future accessibility.
    6. Set Up Monitoring: Establish ongoing digital accessibility policies and regularly update your platforms based on user feedback, especially from users with disabilities.
    7. Partner with Experts: Seek support from accessibility experts to ensure you meet ADA requirements.
    8. Stay Updated: Keep up with WCAG standards and make necessary updates to your websites and apps.

    Could These Updates Impact Private Businesses Eventually?

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

    Since the mid-1990s, the DOJ has included company websites, e-commerce platforms, and other digital experiences in defining public accommodations. Many U.S. courts have supported this view, ruling in favor of individuals who claim a company’s website is not accessible to people with disabilities.

    However, any proposed rule changes will likely depend on various factors, including the outcome of the next federal election.

    216digital is Here to Help

    The new ADA Title II regulations are a significant step toward making digital spaces accessible for everyone, ensuring that state and local governments provide equal access to their services online. But navigating these changes can be challenging. That’s where 216digital comes in!

    As leading experts in web accessibility, 216digital has the tools, knowledge, and experience to make your online space both compliant and welcoming for all. Our team will work with you to create a strategy that integrates WCAG 2.1 compliance into your development roadmap on your terms. Let us help you make your website compliant and welcoming for all users so you can focus on what you do best—serving your community!

    Don’t wait. Schedule a complimentary ADA strategy briefing today to ensure your digital presence is accessible to everyone.

    Greg McNeil

    June 13, 2024
    Legal Compliance
    Accessibility, ADA, ADA Compliance, ADA Title II, ADA Web Accessibility, ADA Website Compliance
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