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  • Retail is the Prime Target for ADA Web Accessibility Lawsuits

    Retail is the Prime Target for ADA Web Accessibility Lawsuits

    Today, almost everyone is shopping online. Consumers expect the ability to browse, compare and shop from any device rapidly. However, as more consumers shift to online shopping, retailers face increasing legal challenges for failing to meet minimum standards for ADA web accessibility.

    The Americans with Disabilities Act (ADA) requires that all public-facing digital content be accessible to people with disabilities. Failure to comply with the ADA web accessibility guidelines can result in legal action, settlement costs, and reputational damage. In this article, we’ll explore why retail is the number one industry targeted by ADA web accessibility lawsuits and what you can do to protect your online business.

    What is Web Accessibility for Retail

    Web Accessibility is about creating an inclusive experience for all customers with barrier-free access to your online store. Websites must allow customers with visual, auditory, physical, and cognitive disabilities to access information, make purchases, and interact with your online business. 

    However, customers with disabilities can have vastly different experiences on a website based on their disability and the assistive technologies used. For example, customers with mild-to-moderate vision may rely on their browser’s built-in zoom function. In contrast, customers with more severe visual impairments require a screen reader to access information, browse your products, and shop. But how does web accessibility affect retail business owners? 

    Key Insights Retailers Need to Know

    In recent years, there has been a sharp increase in lawsuits related to website accessibility, and retailers have been among the hardest hit. In 2022, there were more than 4,000 web accessibility lawsuits filed in Federal and California State Court under the Unruh Act. However, the retail industry was the number one industry targeted by ADA web accessibility lawsuits, accounting for almost 77%.

    In fact, 391 of the Internet Retailer Top 500 list received an ADA-based web accessibility lawsuit within the last five years. Likewise, 72% of cases filed in 2022 were against companies with less than 50 million annual revenue. For large and small eCommerce companies, web accessibility is critical as consumers and plaintiffs become more aware of their rights under the ADA and seek legal recourse. 

    For more information on recent ADA web accessibility filings, check out Accessibility.com’s Digital Accessibility Lawsuits Database.

    Why Are Retailers Vulnerable?

    With the rise of e-commerce, online retailers face increasing web accessibility lawsuits. But why? Are retail sites less accessible than other industries?

    Large Online Presence

    Online retailers are everywhere! With more and more eCommerce websites created daily, there are 24 billion estimated globally. Undoubtedly, the retail industry has the most prominent digital presence, making them easy to find and visit. 

    As a result, e-commerce stores can quickly become victims of frivolous ADA-based lawsuits. Plaintiffs can quickly surf the web, engage with products or information, and determine whether a company prioritizes web accessibility. 

    Complex Websites Can Be Difficult to Make Accessible

    It can be challenging for retail sites to reach and maintain the international standards for web accessibility,  Web Content Accessibility Guidelines (WCAG). E-commerce stores are notoriously complex, with many pages, dynamic content, and intricate navigation. Making such websites accessible to individuals with disabilities can be a daunting task. In addition, it can present financial and logistical challenges, especially in a constantly evolving industry.

    Many online retailers may not have the resources to hire web developers with expertise in ADA compliance or keep up with the constantly evolving standards and guidelines for web accessibility, increasing their vulnerability to litigation.

    A Constantly Changing Industry

    Online retailers frequently update their content to inform customers about new products, services, promotional sales, and resources. However, these changes can also make it more challenging to ensure the website remains accessible. Unfortunately, creating an accessibility barrier for disabled users is almost too easy.  

    Retailers must stay vigilant and up-to-date with web accessibility standards and guidelines. Failure to do so can leave retailers vulnerable to an ADA web accessibility lawsuit. Plaintiffs can easily find web accessibility barriers, document them, and file an ADA lawsuit, frequently creating a vicious cycle.

    Easy to Test for ADA Web Accessibility

    Most retail websites have the same or similar accessibility barriers. This can make it relatively easy for plaintiffs to test websites using automated tools and target many websites simultaneously. Automated tools can quickly scan a website and identify potential accessibility barriers based on the WCAG 2.1 guidelines, such as missing alt text, improper header structures, and broken links.

    This means plaintiffs can quickly and easily identify accessibility issues and file ADA web accessibility lawsuits against retailers in minutes. In contrast, website owners are left spending thousands on settlement costs and website remediation. Retailers must take the necessary steps to ensure ADA web accessibility compliance to minimize the risk of litigation.

    Existing Department of Justice Settlements

    The US Department of Justice has settled several high-profile ADA web accessibility lawsuits with retailers, including Winn-Dixie and Walmart. These settlements have resulted in significant financial penalties and required these retailers to take extensive measures to make their websites more accessible.

    As a result, these settlements have set a precedent for other plaintiffs now targeting retailers with similar accessibility issues. They can directly reference past DOJ actions within their case. Retailers must be aware of these settlements and ensure their website is accessible to all customers.

    Quick Settlements

    Plaintiffs’ attorneys often target online retailers for ADA web accessibility lawsuits because they are settled quickly and relatively easily. This is because online retailers usually prefer to pay out of court rather than go to trial, as they can avoid additional costs and negative publicity associated with a lengthy legal battle. As a result, plaintiffs’ attorneys can often secure quick settlements, making it a lucrative and attractive option to target online retailers.

    How to Protect Your Online Business

    It is essential to ensure that your website and online applications comply with ADA web accessibility standards to mitigate the chance of a lawsuit. This may involve working with web accessibility experts to conduct an audit and any necessary changes.

    To protect against ADA web accessibility lawsuits, retail companies should take several steps:

    1. Conduct a web accessibility audit: Conduct a comprehensive web accessibility audit to identify all web accessibility barriers.
    2. Make a plan: Address the issues identified in the audit, prioritizing the most critical issues first.
    3. Train staff: Educate staff on web accessibility best practices and how to maintain accessibility standards moving forward.
    4. Use accessibility tools: Use accessibility tools, such as web accessibility monitoring services, to test websites and apps for accessibility.
    5. Consider a dedicated accessibility team: Partner with an accessibility team to oversee ongoing web accessibility efforts and ensure compliance with ADA requirements.
    6. Stay up-to-date: Stay informed about ADA web accessibility requirements, and update websites and apps as needed.

    Get Proactive about ADA Web Accessibility

    Everyone, especially those in the online retail industry, should be proactive about ADA web accessibility. By taking proactive steps to ensure the accessibility of your website, you can mitigate legal challenges and provide easy access to all customers.

    Through our years of experience in the trenches analyzing and studying these cases, we can determine how ADA non-compliance lawsuit firms identify their targets and how to protect your business. At 216digital, we will develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms so that you can focus on the other tasks on your to-do list. So don’t wait any longer; find out where you stand by scheduling a complementary ADA Strategy Briefing today.

    Greg McNeil

    February 28, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
  • Web Accessibility and Search Engine Optimization: a Powerful Combination

    Web Accessibility and Search Engine Optimization: a Powerful Combination

    On-page search engine optimization (SEO) and web accessibility are two crucial components of a successful website. But what many people don’t realize is that web accessibility and SEO have a lot more in common than you might think. Both aim to make websites more usable and understandable, whether for human users or search engines. By making your web pages accessible to everyone, you’re also boosting your chances of being found on search engines. Below, we will examine how web accessibility and SEO work hand in hand when it comes to:

    • Meaningful Page Titles
    • Headings
    • Lists
    • Descriptive links
    • Breadcrumbs
    • Alternative Text for Images
    • Audio and Video Transcriptions

    1. Meaningful Page Titles

    A page title is a short, concise name of a web page. It appears in the HTML code as a <title> tag and is usually visible at the top of the user’s browser bar. Page titles help improve web accessibility and SEO by determining the content of a page.

    How Do Meaningful Page Titles Help Web Accessibility?

    Web accessibility requires page titles that provide a brief and accurate description of the page’s content. For example, Success Criterion 2.4.2 of the Web Content Accessibility Guidelines (WCAG) 2.1 says that users should be able to quickly understand the page’s purpose without reading the content. 

    The title tag should be concise and should be at most 60 characters. Short and snappy page titles provide a better user experience, especially for users with a screen reader that hear content. The title should also be unique to each page on a website, and it should be relevant to the content. Good page titles help users identify content quickly and reliably.

    How Does a Meaningful Title Tag Help SEO?

    A page’s <title> tag is a clickable link displayed on a search engine’s results page. The information gathered from a page’s title determines its relevance to a user’s search query and placement within their search results. After all, web accessibility and SEO are about getting relevant content to users.

    For example, suppose you were to use the search query “web accessibility” and “SEO.” In that case, the results will include titles with the exact terms included. If your <title> matches the content of your page, it is more likely to be found in search engine results and keep users engaged.

    2. Headings

    Headings, or <h> tags, give structure and hierarchy to the content on a web page. They appear more prominent than other text through font size or weight, making scanning and navigating the page more accessible for users.

    How Do Headings Help Web Accessibility?

    UHeadings help users navigate and understand the content quickly. They are typically formatted using HTML code, ranging from the main title, <h1>, to <h6> subheadings within the content. Each heading level serves a specific purpose in organizing the content. According to the Web Content Accessibility Guidelines (WCAG)  Success Criterion 1.3.1, it is essential to use headings in a logical and sequential order. Starting with the <h1> heading and using subsequent headings in order, like so:

    • <h1>Main heading</h1>
    • <h2>Section heading</h2>
    • <h3>Subsection heading</h3>
    • <h4>Sub-subsection heading</h4>

    By formatting the heading correctly, individuals with disabilities can navigate content logically and meaningfully.

    How Do Headings Help SEO?

    In addition to accessibility, headings are also critical for SEO, as they help search engines understand the content of a page. Search engines use headers to determine the relevance to a person’s search based on the keywords used and the significance of the content to their search.

    3. Lists

    As you know, lists containing text, images, and multimedia content can be ordered or random. However, using lists on a website can make the content more organized and scannable, helping to improve the user’s experience. But what you might not realize is that for the benefits of web accessibility and SEO.

    How Do Lists Help Web Accessibility?

    Lists can be a valuable tool for web accessibility because they help users navigate content logically and efficiently. For example, sight users will recognize lists with indentations or icons such as bullets or numbers. However, lists must be appropriately marked up within the website’s code to stand out from other content. 

    List markups define a group of related items or information presented in a particular order. For instance, <ul> is used for unorganized lists, <ol> for ordered lists, and <dl> for definition lists. By defining and using list markups correctly, your website will meet several WCAG success criteria, including:

    • Success Criterion 1.3.1: Information and Relationships – Lists help to organize information and create relationships between related items.
    • Success Criterion 2.4.3: Focus Order – Lists help to create a logical reading order, which is essential for users who rely on keyboard navigation.

    How Do Lists Help SEO?

    Search engines crawl a website’s content using complex algorithms to determine the relevancy and quality of a user’s query. Using lists can highlight the content’s critical points and make it easier for the algorithm to identify them. 

    Moreover, lists can help users navigate content logically and efficiently, improving the user’s experience. When users have a positive experience on a website, they are more likely to stay longer, share the content, and come back. This can significantly increase the overall traffic and engagement on the website, improving its ranking on SERPs.

    4. Descriptive links

    Interlinking content is an integral part of our customer journey. Being descriptive in the text you use to link to a new page is helpful for the user’s experience. It’s also beneficial for web accessibility and SEO.

    How Do Descriptive Links Help Web Accessibility?

    Descriptive links are hyperlinks that help users understand the link’s destination or purpose before they click. Rather than using vague or generic terms like “click here” or “read more,” descriptive links provide context for users and search engines. A screen reader user might navigate through all the links on a page to find where they want to go. Being descriptive helps them find what they’re looking for more easily.

    Descriptive links also help meet essential web accessibility guidelines. For instance, WCAG 2.4.4 requires a descriptive title to provide the link’s destination context. Additionally, WCAG 2.4.9 states a process or technique should be available to identify each link’s purpose from the link text alone.

    How Do Descriptive Links Help SEO?

    Descriptive text, or anchor text, as SEO professionals call it, helps search engines understand the content and purpose of a link. However, when links use generic or vague text, search engines cannot accurately categorize the page and rank it appropriately in search results.

    Using descriptive links that include keywords related to the page’s content can help search engines understand the purpose and context of their pages—as a result, leading to higher search rankings and visibility.

    5. Breadcrumbs

    Breadcrumbs are a navigation aid that appears at the top of a page and shows a user’s path to the current page. The name “breadcrumbs” comes from the story of Hansel and Gretel, where the characters leave a trail of breadcrumbs to help them find their way back home. Similarly, website breadcrumbs help users navigate to the homepage or higher-level pages.

    Breadcrumbs typically appear as a horizontal menu bar showing the user’s website location. For instance, a breadcrumb trail might look like this:

    Home > Category > Subcategory > Product

    How Do Breadcrumbs Help Web Accessibility?

    Breadcrumbs provide clear and consistent navigation to help users find necessary information, as outlined in WCAG 2.4:8: Location. They help to improve the user experience for everyone. But are particularly helpful for people with disabilities.

    For example, they help people with memory problems or low attention span from becoming confused as they flow through pages. They also help screen reader users go back through a set of grouped pages much quicker.

    How Do Breadcrumbs Help SEO?

    Breadcrumbs can also help with SEO by providing additional contextual information to search engines. For example, breadcrumbs help search engines understand the structure and hierarchy of a website, allowing them to index and rank pages. 

    When implementing breadcrumbs for SEO purposes, it’s important to use structured data to help search engines understand the breadcrumb structure. Structured data is a standardized format that allows search engines to understand the content and design of a website.

    6. Alternative Text for Images

    When most web developers or digital marketers think of the overlap between accessibility and SEO, alternative text is usually one of the first elements that come to mind. Alternative text or alt text is an HTML attribute value used to describe an image. It’s beneficial for users with visual impairments that rely on screen readers. Screen readers read the alternative text, describing the image to the user and providing context they might have missed otherwise.

    How Does Alternative Text Help Web Accessibility?

    Alternative text is crucial in web accessibility because it provides a non-sighted visitor with the same experiences as a sighted visitor. Therefore, it should be accurate, clear, and provide meaningful information. 

    All non-text content is required by WCAG 1.1.1, “Non-text Content,” to have a text alternative that serves the equivalent purpose. However, there are exceptions for non-text content that is pure decoration, only for visual formatting or is not present to users. In that case, alt text is not required. However, images need to be implemented in a way that assistive technologies can ignore. 

    How Does Alternative Text Help SEO?

    Search engines recognize the information in alt attributes. While it’s not a significant ranking signal, it does contribute. After all, it adds more context to your page’s content, especially if you want the images on your website to appear high in Google Image searches. 

    Google’s Image Publishing Guidelines state, “alt text along with computer vision algorithms and the contents of the page to understand the subject matter of the image.” However, don’t feel tempted to stuff your keywords into alt text. This is bad practice for both accessibility and SEO.

    7. Audio and Video Transcriptions

    In the same way, alternative text for non-text content opens up visual content. Transcripts and captions do the same for audio and video content. They capture the spoken words, sounds, and other audio elements and transcribe them into text format. The text can make the content accessible to people who are deaf, hard of hearing, or prefer to read instead of listen.

    How Do Audio and Video Transcriptions Help Web Accessibility?

    Users who are deaf and hard of hearing rely on accurate video and audio transcriptions to access any non-visual content in video or audio format. By providing transcriptions, you can ensure that all visitors to your website can access and understand the content you present.

    If you use audio or video content on your website, adding captions to the video or transcribing the content helps you meet these success criteria in WCAG 2.1, including:

    • 1.2.1: Audio-only and Video-only (Prerecorded)
    • 1.2.2: Captions (Prerecorded)
    • 1.2.8: Media Alternative (Prerecorded)

    How Do Audio and Video Transcriptions Help SEO?

    Although search engines are getting smarter, they are not listening to your videos and indexing what’s said, so they rely on the surrounding text to understand the content. By providing accurate transcriptions, you provide search engines with a complete understanding of the content in your audio and video files, which can help boost your website’s SEO. When videos have engaging and exciting content, providing a transcription on the same page or within the video is critical.

    In Summary

    Despite being separate disciplines, many of the same practices we use in web accessibility also open the doors for search engines. By working on one, we enhance the other. After all, a better user experience for your visitors also offers a better understanding to search crawlers.

    That being said, If you’d like to talk further about your web accessibility initiative, schedule a complimentary ADA Strategy Briefing today with the experts at 216digital. We will help you take the steps towards web accessibility on your terms by developing a strategy to integrate WCAG 2.1 compliance into your development roadmap as part of the development process.

    Greg McNeil

    February 28, 2023
    SEO, The Benefits of Web Accessibility
    ADA Compliance, Digital Marketing, SEO, Website Accessibility
  • ADA Web Compliance: The Key to Setting Up Your New Business for Success

    ADA Web Compliance: The Key to Setting Up Your New Business for Success

    As a new business owner, you want to set your company up for success from day one. You want to build a strong reputation, increase sales, and reach a broader audience. While there are many things to consider when opening up a new business, have you considered the importance of ADA web compliance in achieving these goals? Putting ADA web compliance at the top of your list is the key to setting up your new business for success.

    What is ADA Web Compliance?

    ADA, or the Americans with Disabilities Act, is a federal law that mandates the inclusion of all people, especially those with disabilities, in all areas of public life. That includes jobs, schools, transportation, and other places open to the general public, including websites. This means ensuring your website is accessible for everyone, regardless of their disability.

    A website that is not accessible can prevent individuals with visual, auditory, physical, and cognitive disabilities from accessing information, making purchases, and interacting with your business. But does the Americans with Disabilities Act apply to small businesses?

    ADA Web Compliance and Small Businesses

    It might come as a surprise, but even small businesses are legally required to comply with the Americans with Disabilities Act. According to the ADA’s Title III, every business, regardless of size, has to be accessible to people with disabilities. This includes large corporations, right down to small businesses.

    While ADA Title III does not specially mention accessibility for websites, there has been a change in mindset on what is considered a public place. The Department of Justice in 2018 stated that websites are considered a place of public accommodations, despite the ADA not including sites specifically.

    Therefore, ADA Title III requires physical access, such as ramps to enter premises, and digital access, including video captions, alternative text for images, and ensuring websites support accessibility technology.

    What is ADA Web Compliance?

    ADA web compliance ensures that people with disabilities can independently browse a website’s products or services, understand written and visual content, and make purchases. People with different types of disabilities require various web accessibility accommodations to interact on the internet. For example:

    • Visually impaired individuals need descriptive alternative tags on images to allow screen readers to describe them and provide context.
    • Someone with a motor disability might use keyboard navigation instead of a mouse.
    • Deaf individuals need captions or sign language interpretations alongside a video.

    The Web Content Accessibility Guidelines (WCAG) have become the international standard for web accessibility. WCAG included specific checkpoints and recommendations based on a principle-based approach to ensure all users can share the same experience regardless of disability or assistive software. If you want to learn more about the different web accessibility guidelines, read our guide to the Web Content Accessibility Guidelines (WCAG).

    Why ADA Web Compliance is Key for New Business

    Web accessibility can be intimidating, but addressing it from the start is well worth the effort. Like many aspects of starting a new business, it can cost a lot of time and money to go back and correct your website rather than make it accessible in the first place. But how will ADA web accessibility help grow your new business?

    To help emphasize why web accessibility should be a fundamental building block in developing your new small business, we have gathered a list of reasons to answer just that.

    Improved SEO

    It’s crucial to have your website optimized for accessibility to rank highly in search engine results. Search engines like Google are constantly working to improve the quality of results for their users. This includes prioritizing websites that are accessible to everyone and penalizing sites that are not. If your website is ADA-compliant, you can avoid lower search engine rankings and reduced visibility. By ensuring your website is ADA compliant, you’ll improve your SEO and chances of ranking higher in search results, increasing your visibility and driving more traffic to your site.

    Better User Experience

    ADA web compliance means everyone can access your site and engage with your brand, regardless of their abilities. This is crucial for retaining customers, building trust with your audience, and creating a positive user experience for everyone visiting your site. In addition, by making your site accessible, you’ll create a more inclusive environment that will make your brand stand out and leave a lasting impression.

    Increased Sales and Conversions

    A website that is easy to use and accessible to all visitors is more likely to generate sales and conversions. By providing a more accessible experience, you’ll increase the likelihood of visitors to your site becoming loyal customers and making purchases. Additionally, an ADA-compliant website is more likely to generate positive reviews and recommendations, which can drive even more sales.

    Reaching a broader audience

    ADA web compliance means your site will be accessible to everyone, including those with disabilities. By making your site accessible, you’ll be able to reach a wider audience and provide a more inclusive user experience for all users. This will give your brand a competitive edge and help you reach new customers who may not have been able to engage with your brand before.

    Building a Positive Public Reputation

    Being ADA-compliant shows that your business is socially responsible and cares about the needs of all customers. By demonstrating your commitment to accessibility, you’ll be showcasing your brand’s values and creating a positive image in the minds of consumers. This can build a reputation to make your brand stand out and help you grow your business.

    Risk Mitigation

    ADA web compliance is a legal requirement, and non-compliant websites can face significant fines and legal action. By making your site accessible, you’ll mitigate your risk and avoid the potential consequences of non-compliance. This will give you peace of mind and ensure that you can focus on growing your business without worrying about the potential risks of non-compliance.

    ADA Compliance is the Key to Success for New Businesses

    ADA web compliance is crucial for setting up your new business for success. With improved SEO, a better user experience for all customers, increased sales and conversions, reaching a broader audience, building a positive public reputation, and risk mitigation, investing in ADA compliance is essential in building a successful and sustainable business. However, it is imperative not to leave it till the end when setting up a new business or website.

    Fortunately, with 216digital web accessibility experts, you don’t have to. Instead, we will help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms so that you can focus on the other tasks on your to-do list. So don’t wait any longer; make your website accessible today and start reaping the benefits by scheduling a complementary ADA Strategy Briefing today.

    Greg McNeil

    February 14, 2023
    The Benefits of Web Accessibility
    ADA Compliance, ADA Website Compliance, Website Accessibility
  • Why AI & Overlay Widgets Fail ADA Website Compliance

    Why AI & Overlay Widgets Fail ADA Website Compliance

    As the digital world continues to evolve, many businesses are turning to Artificial Intelligence (AI) and overlay widgets to make their websites accessible. While these technologies are marketed as solutions to make websites ADA compliant, they often fail to deliver on that promise. In fact, they often make websites less accessible for those with disabilities.

    What are AI and Overlay Widgets?

    AI and overlay widgets work by modifying a website’s code with a snippet of JavaScript, usually in the form of a toolbar, plugin, app, or widget. However, while they claim to detect and correct web accessibility barriers dynamically, overlays do not fix the website’s source code. Instead, they can detect fundamental accessibility issues, such as color contrast and text size, to make modifications. While overlays might seem like a cheap and beneficial method for web accessibility, they do not fix the underlying code. Leaving website owners exposed to the risk of an ADA lawsuit.

    Why Overlay Solutions Fail to Deliver True Web Accessibility

    Many AI and overlay solutions are used as a band-aid to cover up fundamental web accessibility issues. Still, they do not resolve the critical accessibility issue. Relying on an AI or overlay tool as a long-term solution can open you to legal risk, and provide a false sense of security.

    Web Accessibility Barriers Not Resolved with AI and Overlay Widgets

    One of the biggest problems with AI and overlay widgets is that they do not address the inherent access barriers on websites. These technologies are designed to make websites more accessible for people with disabilities. However, they need to address the underlying issues that make websites inaccessible in the first place. Unfortunately, the WCAG guidelines are too complex for overlay tools to provide the robust modifications required.

    So, what issues are ignored by AI and overlay widget tools?

    • Multi-level navigation menus not navigable via keyboard
    • Newsletter popups, flyout carts, and other modals do not trap or automatically receive focus
    • Logical tab order violations
    • Images, buttons, and form fields that have incorrect labels
    • Buttons created using non-interactive HTML tags that cannot be operated via keyboard

    While most of these issues are not visible to all users, these issues are significant barriers for users with disabilities. This means that while AI and overlay widgets may provide some level of accessibility, they often fail to make websites usable for those with disabilities.

    Overlays Can Increase Accessibility Barriers

    AI and overlay widgets can increase accessibility barriers. These technologies may add additional steps or layers to the user experience. Making it more difficult for people with disabilities to navigate and interact with websites. This can be especially problematic for people with cognitive disabilities, who may struggle with the added complexity of using AI and overlay widgets.

    AI and Overlay Widgets Override Existing Assistive Technology Tools

    Furthermore, AI and overlay widgets can affect users’ existing assistive technology tools. Making it difficult for people with disabilities to use the technology they already rely on to access websites, such as screen readers or voice recognition software.

    Additionally, AI and overlay widgets may not be able to interact with these tools in a way that benefits all users. This can create a frustrating and inaccessible experience for those with disabilities, who may feel that the added technology is just another barrier to accessing information and services online.

    Overlays Prevent an Inclusive Web Experience

    By adding additional layers of technology to websites, these technologies can create a sense of exclusion for those with disabilities, who may feel that they are not part of the mainstream online experience. This can also lead to a lack of engagement and motivation to use websites and participate in online communities.

    These barriers can lead to poor brand perception and potential loss of revenue. By using overlays, you are offering people with disabilities a different web experience with reduced functionality. This directly contradicts the goal of digital inclusion. Creating an inclusive web experience entails fixing accessibility issues to create one accessible, homogenous brand experience.

    AI and Overlay Widgets Hinder Website Performance

    AI and overlay widgets can slow website performance, making it more difficult for all users to access information quickly and efficiently. In addition, these technologies often rely on complex algorithms and software that can be resource-intensive. Resulting in longer screen loading times and making it difficult for users to access the website and its content. This can be especially problematic for people with mobility or motor disabilities. As they may have limited time to interact with websites and need quick and responsive access to information.

    Overlays Solution Increase Legal Liability

    Finally, AI and overlay widgets increase legal liability. AI and overlay widgets are automated technology utilizing complex algorithms and software. However, automated scans can only detect 30% of web accessibility errors. The remaining 70% of the issues are detected only through manual testing. While some overlay providers provide manual testing and remediation services, this often comes at a hefty cost for the website. The remediation is only applied to the overlay layer, exposing the underlying barriers.

    If a website is not accessible to users with disabilities, it violates laws such as the Americans with Disabilities Act (ADA). Unfortunately, AI and overlay widgets cannot provide the level of accessibility required by these laws. Therefore, increasing the legal liability for website owners with accessibility overlays or widgets installed. In fact, there has been an upward trend of lawsuits filed against companies with accessibility overlays or widgets installed. With 400 lawsuits being filed in 2021 and 600 in 2022.

    What Should Website Owners Do Instead of Using Overlays?

    While AI and overlay widgets might seem like an easy solution to protect your website, you must adapt the WCAG 2.1 guidelines and best practices into an ongoing process.

    As you make changes to your website, new accessibility issues can arise. So, it is essential to test your website often. And although AI and overlay widgets should be avoided, not all digital technology is bad. For example, automated testing is an efficient and reliable tool to regularly check your website for low-hanging barriers and stay on top of WCAG compliance. But, of course, even the best-automated accessibility solution will not be able to detect every problem. That is why manual testing by accessibility experts who know what to look for is required. Luckily, 216digital has ADA experts to provide risk mitigation, manual testing, ADA remediation, and ongoing monitoring services to help you achieve your accessibility goals and needs.

    Conclusion

    While AI and overlay widgets may seem like a good idea for web accessibility, they fail to deliver. These technologies can increase accessibility barriers, affect users’ existing assistive technology tools, prevent inclusive web experiences, slow website performance, and increase legal liability. Instead of relying on these technologies, businesses should focus on creating truly accessible and inclusive websites that meet the needs of all users, including those with disabilities.

    The 216digital web accessibility experts are ready to help you through each step of your accessibility journey. Answering your questions and resolving each obstacle. From ADA Accessibility Lawsuit Risk Mitigation to expert ADA Remediation, we put you in a position of strength. We understand how websites get targeted for frivolous lawsuits and what to do to keep you off the radar of law firms that specialize in filing ADA lawsuits.

    Become web accessible on your terms with 216digital by developing a strategy to integrate WCAG 2.1 compliance into your development roadmap as part of the development process. Learn more about how the ADA experts at 216digital can help achieve ongoing real-world accessibility on your terms by scheduling an ADA Strategy Briefing today.

    Greg McNeil

    February 14, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Ai and Overlay Widgets, Website Accessibility, Website Accessibility Tools
  • Web Accessibility & the Disabled Access Tax Credit: Who Qualifies, and Key Stipulations

    Web Accessibility & the Disabled Access Tax Credit: Who Qualifies, and Key Stipulations

     “Tax season” and “good news” don’t naturally go together. However, there is good news for small businesses that have already invested in web accessibility: the Disabled Access Credit. The Internal Revenue Service (IRS) offers a tax credit through form 8826 to help recoup some of the cost of making your website more accessible to individuals with disabilities. If you haven’t already made your website more accessible, these tax incentives might help put ADA compliance in your web development plans this year.

    What is the Disabled Access Tax Credit?

    The Disabled Access Tax Credit is a tax incentive providing small businesses with gross receipts of one million dollars and less or those that employ 30 or fewer full-time employees, that have made accessibility improvements to their website. This credit can help offset the costs of those modifications and provide financial relief to small businesses working to make their spaces accessible to everyone.

    Unlike tax deductions that reduce taxable income or the tax owed, a tax credit gets subtracted from the tax owed. For example, the Disabled Access tax credit covers 50% of the eligible expenditures made during the previous tax year, with a maximum limit of $10,250.

    Does the Disabled Access Tax Credit cover Web Accessibility?

    Yes, the Disabled Access Tax Credit covers website accessibility as web accessibility is becoming increasingly important. The Department of Justice in 2018 stated that websites are considered a place of public accommodations, Therefore, the ADA covers websites and mandates accessibility in the digital space, allowing the Disabled Access tax credit to be applied to businesses that invest in owning and operating accessible sites.

    Many accessibility practices or implementation types qualify as expenditures. Still, there are several accessibility elements when calculating your annual accessibility fee. These include web accessibility solutions or tools that optimize websites. Here are some key variables to consider in your annual accessibility fee:

    • Website Modifications
    • Page Format and Hierarchy
    • Live Chat Services
    • File and Media Fixes
    • Consulting Service Fees

    Eligibility for the Disabled Access Tax Credit

    The Disabled Access Tax Credit is available to small businesses with a maximum of $1 million in annual revenue or fewer than 30 full-time employees. The development costs associated with the necessary changes to the website to make it more accessible with the standards outlined in the ADA such as the Web Content Accessibility Guidelines (WCAG) for websites to be eligible. This includes adding alternative text to images, providing video captions, and ensuring the website can be navigated using only a keyboard.

    What are the Stipulations?

    The good news is that the Disabled Access Tax Credit can be applied for and earned annually. However, you can’t carry expenditures over to claim a credit exceeding the prior year’s expenditure limit. But, if the credit amount exceeds the taxes you owe, you can roll the unused credit into the following year.

    The Disabled Access Tax Credit covers the following accessibility and ADA-related expenditures:

    • Web accessibility & optimization
    • Language interpreters
    • Adaptive equipment
    • Printed materials
    • Elimination of physical obstacles
    • General consulting

    Is It a One-Time Deal?

    No, in fact you can get this credit any year ADA accessibility work is done on your website.  This tax break is such a powerful incentive that many small businesses have adopted a policy of annual ADA accessibility website audit/ reviews. 

    How to Apply for the Disabled Access Tax Credit

    There is no need to apply, simply complete the IRS Form 8826 and submit it with your yearly tax return. In addition, it must include information about the accessibility improvements made, the expenses incurred, and the credit calculation. You can find Form 8826 on the IRS government website, where you can further research the rules and stipulations regarding the Disabled Access Tax Credit. You can also read more on the IRS Tax Credits and Deductions page on the Americans with Disabilities Act website.

    Don’t forget to consult with a tax professional before you send in your comprehensive return files. If your tax professional is unaware of the Disabled Access Tax Credit, tell them the form number (8826). They can quickly fill out the form and state the amount spent on accessibility efforts, speeding up the process and ensuring it’s correct!

    Web Accessibility & the Disabled Access Tax Credit

    The 8826 form can be a valuable tool for small businesses that engage ADA accessibility developers to work on their websites. The 8826 Disabled Access Tax credit has made it possible for many small businesses to make ADA remediation an ongoing process to ensure the website remains accessible to all users. By making sure your website is compliant and accessible, you can help ensure that your business is reaching the widest possible audience and staying in compliance with the law.

    Suppose you are a small business owner looking to make your website more accessible and take advantage of the Disabled Access Tax Credit. In that case, we encourage you to reach out and schedule a 15-minute ADA Briefing with our web accessibility experts at 216digital.

    Greg McNeil

    February 14, 2023
    Testing & Remediation, The Benefits of Web Accessibility
    Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
  • Are Web Accessibility Testing Tools Enough to Ensure Compliance  

    Are Web Accessibility Testing Tools Enough to Ensure Compliance  

    As the internet continues to grow and evolve, the importance of website accessibility becomes ever more crucial. A website’s accessibility is not just a matter of convenience but a matter of civil rights as well. This is why website accessibility checkers have become a popular tool for many web designers and developers. They help identify potential barriers that could make a site difficult for those with disabilities.

    However, while website accessibility testing tools are a great starting point, they are not a comprehensive solution for ensuring website accessibility. Relying solely on website accessibility testing tools can be a dangerous mistake that could leave your website inaccessible to a significant portion of your target audience.

    What Are Website Accessibility Testing Tools?

    Automated website accessibility testing, such as Lighthouse, WAVE, and Firefox Inspector, automate the process of checking a website for accessibility barriers. These tools can quickly scan a website and identify potential accessibility barriers, such as missing alt text, improper header structures, and broken links. The results from these tools come in the form of a report. This can be used as a starting point to improve accessibility.

    Do Website Accessibility Testing Tools Provide False Sense of Security?

    Website accessibility testing tools are valuable in identifying potential barriers to accessibility. However, it’s important to note that website accessibility testing tools are not perfect.

    Limited Detection of Web Accessibility Barriers

    Automated testing tools are limited by the algorithms and data sets they use to identify accessibility issues. As a result, they can only detect what they are programmed to and might miss some critical accessibility barriers. For example, website accessibility testing tools cannot test for keyboard accessibility, essential for individuals who use assistive technology to navigate the web. In addition, automated testing tools can only detect about 30% of accessibility issues. The remaining 70% of barriers can only be detected through manual testing by a person.

    This is why passing website scans can provide a false sense of security if a manual audit is not included as part of the accessibility review process. By incorporating a manual accessibility audit into your review, the pitfall of your website passing one or more automated accessibility checks but still be non-compliant and inaccessible can be avoided.

    Inaccurate Results and False Positives

    There’s another potential issue to remember when using automated web accessibility testing tools, inaccurate results or false positives. This occurs when an accessibility test identifies a barrier that does not exist, leading you to fix issues that are not necessary.

    What are False Positives?

    Automated accessibility tools analyze patterns within your website’s code and markup. Most tools compare your website’s code to the international standard for digital accessibility, Web Content Accessibility Guidelines (WCAG). 

    Some WCAG guidelines have simple pass-or-fail resets. For example, WCAG requires alternative text for non-text content, such as images. If an image does not contain an alt tag, that is considered a “fail.” However, other issues that require a deeper understanding of context are limited to AI tools, which result in false positives. For example:

    • Some images, such as logos and dividers, are purely decorative and do not require alt text. However, they must be implemented in a way assistive technologies can ignore. WCAG Success Criterion (SC) 1.1.1, “Non-text Content,”
    • Purely decorative text or low-contrast logotypes do not violate WCAG’s color contrast requirements. However, automated tools can not determine what text qualifies for these exceptions. WCAG 2.1 SC 1.4.3, “Contrast (Minimum)”
    • Content that contains the WAI-ARIA aria-hidden attributes. While WAI-ARIA aria-hidden attributes are not also necessary, there are legitimate reasons to use aria-hidden to hide content from AT.

    While this is not a comprehensive list, many WCAG criteria have exceptions for certain types of content. Unfortunately, the WCAG guidelines are to complex for automated tools to provide accurate feedback on all accessibility barriers. However, the purpose of accessibility is to accommodate real users, not AI tools.

    Don’t Rely On Web Accessibility Testing Tools Alone

    While web accessibility testing tools are beneficial, they should not be relied on alone. Instead, automated tests need to be combined with a manual review from a web accessibility expert to remove all accessibility barriers.

    Manual Audits

    Manual audits are more thorough and time-consuming, but they provide a more accurate assessment of website accessibility. A manual review involves evaluating a website by using a combination of tools and human judgment. It consists of testing a website using various assistive technologies. This includes screen readers, keyboard navigation, and magnifiers, to simulate the experience of individuals with disabilities. Manual testing can help to identify the remaining 70% of barriers that automated testing tools cannot find, such as poor alt tags, confusing navigation, and inaccessible forms.

    A manual review can also ensure that website accessibility guidelines are being met. For example, the WCAG guidelines state that websites must be perceivable, operable, understandable, and robust. A manual review can ensure these guidelines are met by evaluating the website’s content, structure, and functionality.

     

    In Conclusion

    Website accessibility testing tools and manual review are crucial for ensuring web compliance. While website accessibility testing tools help identify potential accessibility issues, a comprehensive manual review is necessary for full accessibility. In addition, manual reviews can identify barriers that automated testing tools cannot and ensure that website accessibility guidelines are met.

    In conclusion, ensuring a website is accessible to everyone is not only a matter of convenience but also a matter of civil rights. A combination of website accessibility testing tools and manual review can help to ensure that websites are accessible and compliant with WCAG guidelines.

    For guidance with your accessibility initiative, schedule an ADA Strategy Briefing today to connect with a web accessibility expert at 216digital.

    Greg McNeil

    February 13, 2023
    Testing & Remediation
    Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility, Website Accessibility Tools
  • Why Your Business Needs an ADA Website Accessibility Strategy Now 

    Why Your Business Needs an ADA Website Accessibility Strategy Now 

    As a business owner, you have a legal and, some would argue, moral obligation to provide equal access to all users, including those with disabilities. The Americans with Disabilities Act (ADA) is a federal law that requires all businesses to provide equal access to their goods and services to individuals with disabilities. This law applies not only to physical locations but also to websites and online services, making it essential for businesses to ensure their digital presence is accessible to all users. Failure to do so can result in significant liability.

    However, despite the clear benefits of having an accessible website, many businesses have yet to implement a strategy for ADA website accessibility. This article will explore why companies must develop a plan for ADA website accessibility and how.

    What is Web Accessibility?

    One of the main components of ADA website accessibility is ensuring that websites are accessible to individuals with disabilities. This means that websites must be usable by individuals who are blind, deaf, or have limited mobility. This includes text alternatives for visual or audio content, easy-to-use navigation, and appropriately labeled and structured forms or input fields.

    Why is ADA website accessibility important?

    ADA website accessibility ensures that all individuals, regardless of their abilities, have equal access to information and services on your website. This includes individuals with visual, auditory, physical, and cognitive disabilities. A website that is not accessible can prevent these individuals from accessing information, making purchases, and interacting with your business.

    Additionally, the number of ADA accessibility lawsuits filed against companies has increased dramatically in recent years. Unfortunately, the trend shows no signs of slowing down, and businesses of all sizes risk being sued. Even small companies with limited resources are vulnerable, as they are often seen as easy targets by plaintiffs looking to win settlements.

    Why Should Businesses Develop a Strategy for ADA Website Accessibility?

    There are several reasons why you need to develop a strategy for ADA website accessibility and liability now.

    Legal Compliance

    The ADA requires businesses to make their websites and online content accessible to individuals with visual, auditory, physical, and cognitive impairments. By ensuring your website is accessible, you could mitigate frivolous ADA lawsuits, fines, and negative publicity.

    In recent years, there has been a sharp increase in lawsuits related to website accessibility. In 2022, there were 2,387 web accessibility lawsuits filed in Federal Court and California State Court under the Unruh Act. However, industry insiders say 97% of demand letters are settled and never evolve into a lawsuit. This means plaintiffs sent more than 1,500 demand letters per week in 2022.

    User Experience

    By making your website accessible, you provide a better user experience for all visitors. This not only shows that you care about your customers, but it also helps you to stand out from your competitors. This includes adding alternative text for images, providing video captions, and using simple, straightforward language for all content. In addition, it helps to improve the overall usability of your website. Making it easier to navigate, and providing a better overall experience for your customers.

    Brand Reputation

    Having an accessible website reflects your brand’s values and commitment to inclusiveness. Demonstrating your commitment to accessibility can help improve your brand reputation and credibility, leading to increased customer loyalty and sales.

    Improved Search Engine Optimization (SEO)

    When you make your website accessible to people with disabilities, you are also making it easier for search engines to crawl and index your site. In addition, search engines like Google prioritize websites that are accessible and user-friendly. This can help improve your search engine rankings, increasing traffic and higher visibility for your business.

    Increased Reach and Potential Customers

    Making your website accessible to individuals with disabilities can increase your website traffic. According to the World Health Organization, around 15% of the world’s population lives with some form of disability. By making your website accessible, you can tap into this large and growing market that the competition might overlook. As a result, you can reach a wider audience and expand your potential customer base.

    How Can Businesses Develop a Strategy for ADA Website Accessibility?

    Businesses must have a strategy for implementing web accessibility and managing potential ADA website liability. This includes having a plan for responding to any possible ADA-related complaints and lawsuits. It also means having a system in place for monitoring website accessibility and making any necessary changes.

    Conduct a Website Audit

     The first step in achieving ADA website accessibility is to perform an audit. This will help you to identify any areas of your website that need to be improved to meet ADA standards. You should consult a web accessibility expert to perform the audit.

    While automated tools such as WAVE or Lighthouse can provide a great starting point, automated tools can only detect 30% of accessibility barriers. However, manual audits provide a more accurate assessment of website accessibility. A manual review involves evaluating a website using assistive technologies, such as screen readers, keyboard navigation, and magnifiers, to simulate the experience of individuals with disabilities.

    Implement Necessary ADA Web Accessibility Updates

    Once you have identified areas of your website that need to be improved, make the necessary updates. This can include adding alt tags to images, ensuring your website is navigable with a keyboard, and providing text alternatives for videos.

    Train your Employees

    Training your team is essential to ensure that your website remains accessible. Make sure your team understands the importance of ADA website accessibility and knows how to make updates to your website to maintain compliance. This will ensure everyone working on your website is committed to making it accessible and reducing future risks.

    Regularly Monitor and Update

    Businesses should regularly monitor their website to ensure that it remains accessible. ADA website accessibility is an ongoing process. As you make changes to your website and web accessibility guidelines evolve, new accessibility issues may arise. It is crucial to address these promptly.

    By developing a strategy for ADA website accessibility and liability now, businesses can protect themselves and their customers. Not only will this help companies to avoid potential legal issues, but it will also help ensure that all website visitors can access and use the website. In the long run, this will help businesses build trust and loyalty with their customers and improve their overall customer experience.

    In Conclusion

    ADA website accessibility is not just a legal requirement, but it is also an opportunity to reach a large and growing market. By developing a strategy for accessibility now, businesses can avoid costly lawsuits, protect their reputation, and increase their website traffic. Investing in accessibility is an investment in the future of your business.

    At 216digital, we understand developing a strategy for ADA Website accessibility and liability can be a beast of a project. So, why let web accessibility hijack your development backlog with all the competing website enhancements that could add value to your business? 216digital can help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms. To learn more about how the ADA experts at 216digital can help build an ADA WCAG 2.1 compliance strategy to achieve ongoing, real-world accessibility on your terms, schedule an ADA Strategy Briefing.

    Kayla Laganiere

    February 13, 2023
    Legal Compliance, Testing & Remediation, The Benefits of Web Accessibility
    Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
  • What is Web Accessibility & Why is it Important?

    What is Web Accessibility & Why is it Important?

    Most of us can hardly conceive what life would be like without the internet. The ability to have the world at your fingertips or the click of a mouse. But what if you can’t use a mouse? What if you can’t see the screen of your computer or hear a video playing?

    As soon as we ask these types of questions, we can begin to see how the internet can create barriers, leaving some users frustrated and reliant on others. However, once we can recognize these barriers, we can begin to remove them, creating web content, design, and tools that everyone can use regardless of their ability. Here is an introduction to the basics of web accessibility. 

    What is Web Accessibility?

    We have all experienced the annoyance of squinting at a poorly selected font, blurry images, or trying to navigate a page that is not compatible with mobile devices. While these issues are a slight inconvenience, they can restrict or eliminate their internet usage to some. 

     Web accessibility provides everyone with the same access to digital information without any hindrance, regardless of impairments or disabilities. Users should be equipped with the tools and capabilities to aid in the website’s perception, understanding, contribution, navigation, and interaction. 

    Why is Web Accessibility Important?

    The internet is an essential resource in almost every aspect of life. During the 2020 COVID pandemic, the internet became a lifeline to many, keeping the world connected. The high rate of digital adoption within the past two years has revolutionized our lives and society. Still, a significant percentage of the world’s population is limited or cannot use the internet due to accessibility barriers. 

    Web Accessibility for Users

    Accessibility barriers hinder users with disabilities from interacting and experiencing the internet. According to the World Health Organization (WHO), over 1 billion people have some disability, with the rates continuing to rise from chronic health conditions and population aging.  

    There are three disabilities or impairments: conditional or situational, temporary, and permanent. Conditional or situational impairment is the difficulty accessing digital information due to the situation. An example of situational impairment would include noise, poor lighting, distractions, or slow internet speed. Permanent and temporary disabilities are more commonly associated with disability, including visual, hearing, neurological, cognitive, and motor issues. 

    Web Accessibility Benefits for Your Business

    Web accessibility often is thought only to remove barriers for users facing disabilities. However, accessibility can be just as beneficial for your online business as it can its users. 

    Brand Reputation

    Having an accessible website creates an inclusive environment for your users while providing them with more meaningful interaction with your website and brand by building trust and reputation. For instance, Facebook has been praised for ensuring its site accommodates blind users.

    Expanding Market

    Your online business lives and breathes according to your customers. The internet is the best place to reach out to customers and expand your market. By making your website accessible, you will cater to an estimated $1.2 trillion market that the competition could be overlooking. As a result, you are increasing your customer retention and acquisition. 

    Legal Compliance

    Additional, by ensuring your website is accessible, you could mitigate a frivolous ADA lawsuit. One lawsuit is filed every hour either in federal court or in California under the Unruh Act directly violating ADA guidelines. 

    Web Accessibility can be beneficial for both your customers and your business. But what are the guidelines for Web Accessibility, and how are they determined?

    Website Accessibility Guidelines

    Users with a disability can change how they interact with the internet using assistive software. However, how users interact is not always predictable. For instance, an individual with low vision could use a screen reader or screen magnifiers. Ideally, a website’s content should be accessible for all users, including users who require assistive software.  

    The Web Content Accessibility Guidelines (WCAG) are the most widely cited international standards for web accessibility. WCAG included specific checkpoints and recommendations based on a principle-based approach to ensure all users can share in the same experience. 

    The Four Principles of Website Accessibility

    WCAG’s principle-based approach is the foundation for producing content and for anyone who wants to use the web. POUR is an acronym that describes accessibility as perceivable, operable, understandable, and robust.

    Perceivable

    The state or quality of information and elements on a website has to be capable of being perceived through the senses, leaving nothing left undetectable or invisible. Most users perceive information relying on visuals or sight. Visually impaired users perceive information through sound or touch. For instance, if a user cannot see an image, how can they perceive the content of the article they are reading? Images with well-written alternative text can provide context, allowing them to still perceive the content just as individuals with sight. 

    Operable

    Users must be able to operate a website’s interactive elements. Interactive interface elements such as buttons, navigations, or controls should operate for all users. Users must operate the interface elements by first identifying them and engaging with them. For instance, have you ever tried to click a submit button on a website, and nothing happened? Your interaction with the malfunctioning button has limited your experience or has prevented you from using the website how you intended. 

    Users who cannot interact with elements physically by clicking, or tapping, rely on the tab key, voice commands, or other assistive devices to engage with elements. Websites should not require actions that some users cannot perform. Some users will even not use your website if they cannot function with a keyboard alone. These barriers can limit your website’s reach and create a poor users experience for all users. 

    Understandable

    Websites should be clear and concise in presentation and format, with predictable patterns of use and design. Users should have no issue comprehending the meaning and purpose of the presented information. The “understandable” principle also applies to user interaction elements such as buttons, semantic markups within the code, and other elements to your site. Everything should have a purpose and a meaning behind your site’s content.

    Robust

    Robustness is the ability for content to function reliably using various technologies, including assistive devices. Websites need to provide the same information and interactivity, regardless of access through screen readers, touch screens, or web browsers.

    The lack of these four principles will make your website inaccessible to your users. Therefore, the WCAG recommendations branch out into more detailed levels of accessibility based on these four leading principles. There are three compliance levels: A, AA, and AAA. Each level increases the requirements for web accessibility compliance, grading the website based on the requirements met. 

    Closing

    The internet has become a modern necessity to everyone, offering independence and freedom unavailable through any other medium. We need to start asking how users interact with our websites and break the barriers to create a more inclusive online environment through web accessibility. Web accessibility allows everyone to access the same digital information without hindrance, regardless of impairments or disability. Providing the tools and capability to your user’s aid in your site’s perception, understanding, contribution, navigation, and interaction.  

    As you become aware of the importance of web accessibility and its impact on both your company and your customers, it is essential to know you are not alone. Integrating accessibility can seem intimidating at first, but 216digital  is here to help. We have a passion for web accessibility and ensuring your business is thriving in a continuously growing medium. If you would like more information on web accessibility or how to make your website accessible today, schedule a 15-minute complimentary consultation with our experts or request a free ADA compliance scan today by clicking the link below.

    Request A Free ADA Compliance Scan

    Greg McNeil

    January 13, 2022
    The Benefits of Web Accessibility
    Accessibility, ADA Compliance, ADA Website Compliance, Web Accessibility, Website Accessibility
  • Making the Internet Accessible – The History of Website ADA Compliance

    Making the Internet Accessible – The History of Website ADA Compliance

    ADA website compliance!

    It’s become a popular topic as of late, especially for business owners that have a website. 

    But, it might surprise you to learn that ADA compliance has been around for quite some time. Its current popularity is a direct result of its evolving legal interpretations for what makes a website accessible.

    Below, we’ve plotted the history of Website ADA Compliance and its role in preventing discrimination online.

    (more…)

    Greg McNeil

    July 23, 2020
    Legal Compliance
    ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance
  • Are ADA Overlays a Liability? Here’s What Accessibility Experts Had to Say

    Are ADA Overlays a Liability? Here’s What Accessibility Experts Had to Say

    Lawsuits for websites that are not ADA complaint continue to threaten many internet businesses.

    These companies often turn to accessibility tools to quickly make their sites ADA compliant, thinking they’ll be protected from a lawsuit.

    Accessibility tools (screen overlays and widgets,) such as UserWay, AccessiBe, and AudioEye, work by adapting website content to users’ needs.

    Yet, the levels of accessibility that these tools offer varies from overlay to overlay. To cut through the noise surrounding website accessibility tools, we reached out to several industry experts.

    The ADA Experts

    Kim Testa: The Executive Vice President of the Bureau of Internet Accessibility, industry leaders in eliminating the accessibility digital divide since 2001.

    Eli Freedman: The Senior Partnership Success Manager of accessiBe, a two-part web interface and ai accessibility tool hailed as “World-Leading Web Accessibility Technology.”



    Richard Hunt: Partner, Hunt Huey PLLC. Hunt Huey PLLC has a national disability rights practice that includes defending real estate developers, retailers, restaurants, shopping centers, banks, apartment owners and managers, hotels, single-family developers, homeowners associations and other enterprises in ADA and FHA litigation.

    With their professional insight, we find answers to some of the most pressing questions surrounding the use of website overlays to achieve ADA compliance online.

    1. Are screen overlay products effective for making websites appear to be ADA compliant?
    2. If you install a screen overlay product, will you be less likely or more likely to become the victim of an ADA non-compliance lawsuit?
    3. When using a screen overlay product, can site visitors use their own assistive technology?

    Are screen overlay products effective for making websites appear to be ADA compliant?

    Screen overlay products improve website accessibility by adapting the existing assets of a website to best fit the needs of a disabled user.

    These changes are not automatic and must be triggered by the user before making any visible adjustments to a site. We asked Kim, Eli, and Richard their perceptions of the effectiveness of these accessibility tools.

    Kim Testa|The Bureau of Internet Accessibility

    “In the world of digital inclusiveness and accessibility, overlay products do nothing to ensure the original website code is compliant to WCAG 2.1 A/AA.  

    They work by “recreating” the web pages with “their” code. A script is then inserted into the website’s original code, which in turn hijacks the user’s screen reader and forces them to learn a new technology. In some instances the overlay solutions make the user identify themselves as someone living with a disability. 

    Keep in mind that 99% of people that need assistive technology, have their own and do not need, nor want to be forced to use someone else’s. While overlays may sound like an easy, quick-fix – they do absolutely nothing to remediate the accessibility issues of a website, web-based applications, or native mobile apps.”

    Eli Freedman | accessiBe

    “There has been a lot of buzz in the marketplace discussing why web accessibility overlays are not compliant. We can say for certain that overlay companies pose their solutions as being compliant, when in fact they are not.

    Research shows overlays only handle up to 25% of the WCAG requirements leaving the remaining 75% inaccessible and vulnerable to lawsuits. Why? Those overlays only handle the more simple requirements which are the CSS adjustments of a website. For instance, color contrast ratios, stop animations, larger cursors, font colors and sizing, and more.

    Where accessiBe differs from other layover tools is that it handles both the foreground CSS adjustments and the 75% ‘heavy background lifting’ WCAG 2.1 AA requirements like Aria attributes, assistive technology compatibility, alt tags for images, contextual understanding Ai that assigns all the correct elemental structures like pop-ups, forms, icons, buttons, and website behaviors.”

    Richard Hunt | Hunt Huey PLLC

    ““ADA compliant” isn’t really a meaningful question because there is no objective regulatory or judicial standard for business website ADA compliance (Government websites covered by the Rehabilitation Act have a standard almost identical to WCAG 2.0 AA). In fact, there isn’t even agreement on why a website has to be accessible under the ADA, and until you know why the website needs to be accessible it is impossible to say whether it meets that need.

    We can say that in the broadest terms a website does what the ADA requires if a disabled individual has meaningful access to all the goods and services it offers. That is a subjective standard because it depends on the particular user and their assistive technology. Government agencies, businesses, and lawyers hate subjective standards, so most are using WCAG 2.1 or 2.0 AA as a kind of substitute measure of accessibility. Those standards involve compromises (that’s why there is an AAA standard) which means that even a website that conforms to WCAG 2.1 AA may not be accessible to all users and all assistive technologies.

    The courts have not yet resolved whether the compromise represented by WCAG 2.1 AA is good enough to satisfy the ADA or is perhaps even better than the ADA requires. As for overlays, if you don’t know what the standard is you can hardly claim to meet that standard. A claim that an overlay makes a website ADA compliant will always be false, no matter how good the overlay is.”

    Bonus Tip: To find out if your website is accessible, you can request our accessibility specialists to conduct a free site scan, by clicking here.

    If you install a screen overlay product, will you be less likely or more likely to become the victim of an ADA non-compliance lawsuit?

    For many companies, the purpose of installing an accessibility tool is to protect themselves from an ADA non-compliance lawsuit.

    But how effective are accessibility screen overlays at protecting your business? Here’s what Kim, Eli, and Richard had to say.

    Kim Testa|The Bureau of Internet Accessibility

    “Since overlays really don’t fix the issues, websites are wide open for a lawsuit. There are tools on the market that are used to identify websites that are using overlays and widgets…  

    It’s simple for lawyers to get a list and target the companies using them. There is no magical solution to becoming digitally compliant, the only way to know if a website is compliant is to have a complete audit, both automated testing and manual testing (done by individuals living with disabilities) all done at the same time.”

    Eli Freedman | accessiBe

    “If a website owner has a layover tool that does not handle the ‘heavy background lifting’ as stated above, they are definitely at a greater risk of being served a demand letter or a lawsuit.


    Reports have been received from people in the disabled community in tandem with law firms around the US are grouping together to find websites that are using layovers and targeting them with ADA lawsuits and demand letters as they too know those layovers are not making their websites accessible.”

    Richard Hunt | Hunt Huey PLLC

    “Plaintiff law firms use software scanning tools to look for non-conformance with WCAG 2.1 or 2.0 at success level AA. A product can only reduce the likelihood of a lawsuit if it makes the website look like it is in conformance when scanned by the most commonly used software tools. 

    As I understand it software scanning tools will not ordinarily trigger the accessibility features of an overlay that requires a user choice. Thus, if the website relies on the overlay to correct underlying non-conformities based on a user choice the overlay will not reduce the risk of a lawsuit. 

    It is also important to remember that software scanning tools not only miss errors, they also report false positives. For example, because a scanning tool can’t tell if an image is purely decorative it will mark a decorative image without alt text as a nonconformity even though such images are not required to have alt text under WCAG 2.1 AA. 

    To reduce the risk of litigation any solution must make the website appear perfect or almost so to the most commonly used scanning tools, whether or not that really makes the website easier to use for those with disabilities. As for plaintiffs targeting websites that use layovers, it would not be surprising if it were perceived by the plaintiff’s bar as a profitable enterprise.”

    When using a screen overlay product, can site visitors use their own assistive technology?

    Many disabled internet users have been dealing with accessible websites for a long time. Since most sites aren’t aware of their needs, they’ve had to rely on their own assistive technology to navigate the internet.

    But if a disabled user tries to use their own tools on a site with an accessibility overlay, can both systems communicate with each other?

    Kim Testa| The Bureau of Internet Accessibility

    “Yes, but as [I] stated earlier, a user may come to the website with their own assistive technology but, upon entering the site, the script will take over and force the visitor to use the overlay technology, making the user abandon their own, known assistive technology.  

    Many times when this happens the user will leave the site and never return. Companies are looking to acquire new visitors not frustrate them to the point that they leave. ”

    Eli Freedman | accessiBe

    “In most cases, yes they can, however, that does not mean that it will be completely compatible with all assistive technologies like screen readers or keyboard navigation only.

    In addition, there are certain layover tools that have screen readers embedded within their ‘solutions’ which is purely a marketing gimmick. This is actually counterproductive since those with disabilities have their own assistive technologies and the embedded screen reader’s conflict with their own technologies.”

    Richard Hunt | Hunt Huey PLLC

    “Whether a particular overlay is compatible with any particular assistive technology is not within my technical expertise. What I can say is that in general, the ADA requires that any facility be accessible to disabled individuals as they come to it; that is, with whatever technology they are accustomed to using. You can’t tell a wheelchair user, for example, that they need to switch to a mobility scooter to enter your store. 

    A similar principle exists in the Web Content Accessibility Guidelines; that is, they are intended to create accessibility solutions that do not depend on the user’s choice of assistive technology to the extent that is possible. An overlay that is incompatible with the most commonly used assistive technologies, and in particular with the most popular screen readers, won’t be regarded as improving the accessibility of a website for purposes of the ADA. 

    There may be some assistive technologies so old or so rare that they do not have to be accommodated, but to satisfy the ADA an overlay must work seamlessly with the most commonly used assistive technologies.”

    Now it’s Your Turn

    At this point, you might be thinking, “Do I need an accessibility screen overlay for my website?” 

    As you just learned from experts, while you can use a screen overlay to make your website appear more accessible, it’s only helpful to a certain extent.

    Keep in mind that whether or not you use an accessibility overlay, there is still some manual remediation you’ll need to do within your website’s code.

    Before installing or remediating anything on your own, you should know if your website is ADA compliant. Request a free ADA compliance scan today by clicking the link below.

    Request A Free ADA Compliance Scan

    After our ADA specialists scan your site you’ll have the expert information needed to proceed with improving your website’s accessibility.

    As the environment around website accessibility continues to evolve, we want your business protected from an ADA lawsuit.

    Greg McNeil

    May 20, 2020
    Legal Compliance
    ADA Compliance, ADA Lawsuit, ADA non-compliance, Website Accessibility, Website Accessibility Tools
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