Overlay widgets Archives /Tag

EDF and IAAP Call Out Accessibility Overlays
You’ve probably seen accessibility overlays advertised as a quick and easy way to make websites compliant with accessibility laws. Companies promoting these tools claim they can fix accessibility issues with just a few lines of code, no major effort required. Sounds great, right?

Not so fast.

Leading accessibility organizations, including the European Disability Forum (EDF) and the International Association of Accessibility Professionals (IAAP), strongly disagree. In fact, they’ve openly criticized these tools, pointing out that overlays not only fail to meet accessibility standards but can actually make websites harder to use for people with disabilities.

If you’re a website owner, this is something you need to know—because relying on an overlay could be doing more harm than good. Let’s break down why EDF and IAAP are speaking out, the biggest issues with overlays, and what you should be doing instead.

What Are Accessibility Overlays?

Accessibility overlays are automated software tools designed to modify a website’s appearance and functionality in an attempt to improve accessibility. They might add features like screen reader support, color contrast adjustments, or keyboard navigation enhancements—all without requiring direct changes to the website’s underlying code.

Sounds convenient, but here’s the catch: overlays don’t actually fix accessibility issues. They just try to patch over them.

Many companies claim their overlays help websites comply with Web Content Accessibility Guidelines (WCAG), the Americans with Disabilities Act (ADA), and the European Accessibility Act (EAA). But accessibility experts, as well as actual users with disabilities, say otherwise.

Why Are EDF and IAAP Against Accessibility Overlays?

EDF and IAAP have outlined several major concerns about accessibility overlays. Their stance isn’t just theoretical—it’s backed by research, real-world testing, and feedback from people who rely on assistive technologies. Here’s what they found:

1. Overlays Don’t Actually Fix Accessibility Issues

Accessibility isn’t just about how a site looks—it’s about how it functions. Many accessibility issues, such as missing form labels, poorly structured headings, and inaccessible interactive elements, cannot be fixed by an overlay. These require changes to the website’s actual code.

An overlay might tweak things on the surface, but under the hood, the same barriers remain.

2. Accessibility Overlays Can Interfere with Assistive Technologies

People who rely on screen readers, voice control software, or switch devices often report that overlays make their experience worse. Instead of improving accessibility, overlays can clash with assistive technologies, leading to confusing and frustrating experiences.

Imagine trying to navigate a site with a screen reader, only to have an overlay forcing adjustments you didn’t ask for or use their screen reader instead. That’s the reality for many users.

3. Overlays Create a False Sense of Compliance

One of the most dangerous aspects of overlays is the illusion of accessibility they create. A business might think they’ve “checked the box” just by installing an overlay, but in reality, they could still be violating accessibility laws.

This false security can leave companies vulnerable to legal action—and even worse, it fails to make websites truly accessible.

4. Businesses Using Overlays Still Get Sued

Think an overlay will protect you from lawsuits? Think again.

In 2024, over 1,000 businesses that utilized overlays faced accessibility lawsuits according to Useablnet’s 2024 End of the Year Report. Courts have consistently ruled that overlays don’t meet legal requirements under the ADA and other accessibility laws. In some cases, overlays have even been used as evidence that a company ignored real accessibility fixes.

5. Users with Disabilities Strongly Oppose Accessibility Overlays

The people who actually rely on accessible websites have spoken: they don’t like overlays.

Advocates and individuals with disabilities have repeatedly criticized overlays for making web browsing harder, not easier. Instead of solving accessibility challenges, overlays often introduce new problems, disrupting the way users navigate and interact with content.

A New York Times article, For Blind Internet Users, the Fix Can Be Worse Than the Flaws, highlights just how frustrating overlays can be. As Mr. Perdue, a blind user, put it: “I’ve not yet found a single one that makes my life better. I spend more time working around these overlays than I actually do navigating the website.”

When the very tools meant to help people with disabilities end up making their experience worse, it’s clear that overlays are not the solution.

6. Overlays Can Introduce New Barriers

Rather than eliminating accessibility issues, overlays often create more obstacles.

Some force unwanted settings on users, preventing them from using their own assistive technology configurations. Others introduce navigation loops, trapping users on certain pages or making it impossible to interact with important website elements.

If an accessibility “fix” creates more accessibility problems, is it really a fix at all?

What Should Website Owners Do Instead?

If accessibility overlays aren’t the answer, what is? The good news is that true accessibility is achievable—and it starts with the right approach.

1. Conduct a Proper Accessibility Audit

Before making changes, you need to know what’s broken.

An accessibility audit helps identify barriers on your site by testing against WCAG standards. The best audits combine automated scans with manual testing, including feedback from users with disabilities.

2. Fix Accessibility Issues at the Code Level

The only way to ensure true accessibility is to build it into the foundation of your website. This means:
- Using semantic HTML for a clear page structure
- Ensuring all interactive elements are keyboard-accessible
- Providing text alternatives for images, videos, and other non-text content
- Implementing ARIA attributes where needed for better screen reader support
3. Involve Users with Disabilities in Testing

Want to make sure your site is actually accessible? Ask the people who need it most.

Incorporating real-world feedback from users with disabilities during usability testing helps uncover issues that automated tools might miss.

4. Train Your Team on Accessibility Best Practices

Accessibility isn’t just a one-time fix—it’s an ongoing commitment.

Educating your developers, designers, and content creators about accessibility best practices ensures that your website remains accessible long-term.

5. Monitor and Maintain Accessibility Over Time

Websites change all the time—so does accessibility.

Regular testing, monitoring, and updates are key to keeping your site accessible. Tools like a11y.Radar can help businesses track and maintain compliance as their website evolves.

Conclusion

EDF and IAAP have made one thing clear: accessibility overlays are not the answer.

They don’t fix real accessibility issues, they interfere with assistive technologies, and they create a false sense of security that leaves businesses exposed to legal risk. Worse, they fail the very people they’re supposed to help.

So, what’s the better approach? Real, lasting accessibility.

That means conducting audits, making code-level fixes, listening to users with disabilities, and maintaining accessibility over time. Not only is this the right thing to do, but it’s also the best way to protect your business from legal trouble and create an inclusive digital experience.

You don’t have to do it alone. 216digital can help you navigate accessibility the right way—with real solutions that work. Schedule an ADA Briefing today and take the first step toward a truly accessible website.
Greg McNeil

February 26, 2025

Legal Compliance

Accessibility, accessibility overlays, Legal compliance, Overlay widgets, Overlays, Web Accessibility
Accessibility Overlays: Band-Aid Solutions?
Web accessibility is about making sure that everyone, including people with disabilities, can use your website with ease. Many businesses, however, reach for a quick fix known as a “web accessibility overlay.” These overlays claim to instantly solve a website’s accessibility problems by adding a single line of code. At first glance, this may sound like a dream come true: no major redesigns, no deep coding changes, and no extended timelines. Yet overlays often fail to address the real barriers that people with disabilities face. In fact, they can create new challenges and offer website owners a false sense of security.

In this article, we will explore why web accessibility overlays are often called a “Band-Aid solution” and why relying on them can do more harm than good. We will look at some of the technical limitations, discuss how they can conflict with assistive technologies, and share better ways to make your website truly accessible. We will also include links to helpful resources you can explore independently.

What Are Web Accessibility Overlays?

Web accessibility overlays are add-on tools, often in the form of a plugin or script, that claim to repair accessibility issues on a website automatically. Once installed, they usually give users a menu of features such as:
- Text resizing
- Color contrast adjustments
- Keyboard navigation controls
- Screen reader-friendly labels
These options may seem helpful, and some are. However, these overlays do not usually fix deeper issues in the website’s code. Overlays focus on surface-level changes that might look or feel good initially. For example, making text larger or changing color contrast might help some people. But someone who uses a screen reader or another assistive device might still find the site impossible to navigate if the page structure is confusing or missing proper markup.

Why Accessibility Overlays Fall Short

While overlays may claim to bring your site into compliance with standards like the Web Content Accessibility Guidelines (WCAG), they cannot fix serious problems that come from poor coding, improper headings, or missing labels. Let’s explore some core reasons why these tools can fail.

1. They Don’t Fix Structural Code Issues

A website that is built with accessibility in mind has clean, well-labeled HTML code and logical headings (like <h1>, <h2>, and so on). It also uses the right ARIA (Accessible Rich Internet Applications) attributes where needed. These parts of the code help assistive technologies—like screen readers—understand how the page is organized. If your code is poorly structured, an overlay might add color adjustments or keyboard focus outlines, but it won’t rewrite the site’s underlying structure. Missing or incorrect code stays broken, which causes ongoing problems for anyone who relies on a screen reader or keyboard navigation.

2. Conflicts with Assistive Technologies

One goal of web accessibility is to ensure that people using screen readers, braille displays, or voice recognition software can move through a site and understand its content. Overlays can accidentally disrupt these tools by adding unwanted code or labeling. For example, a screen reader might end up reading duplicate or confusing text because the overlay tries to label items automatically. This could result in a frustrating experience, causing users to abandon your site altogether.

3. False Sense of Compliance

Some businesses install an overlay hoping to protect themselves from legal action under the Americans with Disabilities Act (ADA). However, simply having an overlay does not mean your website is truly accessible or “ADA compliant.” In fact, in 2024 alone, 1,023 companies with an accessibility widget on their website received lawsuits, underscoring that overlays alone cannot shield businesses from legal action. In recent years, many sites using these tools have still faced lawsuits because of the underlying accessibility problems. Accessibility overlays often promise quick compliance, but the law cares about actual accessibility, not just appearances. Relying on an overlay can leave you vulnerable and unprepared if complaints or legal notices arise.

4. Ethical Concerns and User Frustration

Overlays may look like an easy fix for you, but they can feel like a barrier for those who need real accessibility improvements. Many people with disabilities have shared stories of frustration when they encounter overlay menus that don’t work correctly or override their screen reader settings. This can be discouraging for users who regularly deal with inaccessible websites. They may see the overlay as another obstacle rather than a tool that truly helps them. From an ethical standpoint, offering a patch that doesn’t solve deeper issues can be viewed as ignoring the experiences of people with disabilities.

The Risks of Taking the Easy Way Out

Accessibility overlays give website owners the idea that fixing accessibility is simple and quick. Sadly, that is almost never the case. By relying on an overlay, you risk:
- Legal Action: Courts can—and do—rule that a website with an overlay still has accessibility problems. An overlay will not protect you if people with disabilities cannot use your site.
- Damaged Reputation: When users have a poor experience on your site, word can spread quickly. This can harm your brand and turn potential customers away.
- Ongoing Maintenance Issues: Overlays must be updated along with your website’s updates. If the overlay breaks or conflicts with new code, your site could become even harder to use.
Instead of merely putting a bandage on the problems, developing or improving your website in ways that truly benefit all users would be better.

Steps to Achieve Real Accessibility

To create a site that everyone can use, consider a more thorough strategy. This involves reviewing the code, testing it with real users, and making changes that last. Below are some steps you can take.

1. Start with Clean, Semantic Code

Semantic HTML is a fancy way of saying you use the right tags to describe the right content. For example, headings (<h1>, <h2>, etc.) should be in order, and important landmarks (such as navigation and main content) should be labeled. Make sure that images include informative alt text, forms have clear instructions, and interactive elements have correct ARIA attributes if needed. When the base of your site is strong, many common accessibility problems disappear.

2. Test with Real Users and Automated Tools

Automated checkers can point out some problems, like missing alt text or heading errors. However, these tools cannot catch everything. The best approach is to test your website with actual users who have disabilities. Ask for their feedback and watch how they move through your site. You will quickly find issues that an overlay would never fix. This user-first approach ensures your improvements are based on real-world experiences.

3. Collaborate with Accessibility Experts

If you are not sure where to begin, seek help from professionals who specialize in digital accessibility. They can run a thorough audit, identify areas that need work, and guide you in making the proper fixes. This often involves reviewing your design, testing your site’s code, and recommending best practices so that all new content you create will also be accessible.

4. Provide Ongoing Training

Accessibility should be a team effort. Everyone who works on your website—developers, designers, content creators—should know the basics of accessible design. This means understanding how to create keyboard-friendly navigation, how to write alt text, and how to structure pages with clear headings and labels. If your team knows these skills, you are less likely to introduce new barriers when adding or editing content.

5. Plan for Long-Term Maintenance

Websites are never finished; they change over time. That means accessibility is an ongoing project. As you update pages, launch new features, or switch platforms, keep accessibility in mind. Continue testing, train your team, and regularly check for new issues. This helps you stay proactive rather than relying on any one tool to fix barriers as they come up.

Additional Resources

If you would like to learn more about doing accessibility the right way, here are some helpful links:
1. Web Content Accessibility Guidelines (WCAG): The official guidelines published by the World Wide Web Consortium (W3C).
2. W3C Web Accessibility Initiative: Offers guidelines, techniques, and tutorials on how to create an accessible website
3. WebAIM: A well-known resource that offers articles, tools, and services related to web accessibility.
4. The A11Y Project: A community-driven site with resources for building and maintaining accessible websites.
These resources can guide you in understanding the deeper aspects of accessibility and how to address them.

Moving Forward with True Accessibility

Web accessibility overlays may seem like a quick and convenient solution, but they are ultimately a Band-Aid on a much larger problem. While they can address surface-level issues, they often fail to tackle the deeper, structural barriers that prevent people with disabilities from fully engaging with your website. Worse, relying on overlays can give businesses a false sense of compliance, leaving them vulnerable to legal action and alienating users who need genuine accessibility improvements.

Real accessibility requires a proactive, thoughtful approach—one that prioritizes clean code, user testing, and ongoing education. By investing in these strategies, you can create a website that is not just compliant with legal standards but genuinely inclusive for everyone.

If you’re ready to move past quick fixes and build a site that welcomes all users, 216digital is here to help. We offer expert accessibility audits, training, and monitoring services to ensure your website meets WCAG standards and delivers a seamless experience for every visitor. Reach out to us today to schedule an ADA compliance briefing and take the first step toward meaningful, lasting accessibility.

Let’s build a more inclusive digital world—together.
Greg McNeil

December 30, 2024

Web Accessibility Remediation

Overlay, Overlay widgets, screen overlays, Web Accessibility, Website Accessibility
How Accessibility Widgets Can Put Businesses at Risk
Web-accessibility overlays, also known as accessibility widgets, promise an easy, one-click solution to achieving compliance with web-accessibility standards like the Web Content Accessibility Guidelines (WCAG). These widgets often claim to make websites instantly accessible to people with disabilities while shielding businesses from legal action.

However, this promise is often too good to be true. Overlays have significant limitations, and relying solely on them can expose businesses to legal, reputational, and financial risks. This article will explore why overlays fall short, the dangers of assuming they are sufficient, and why companies need a more comprehensive approach to web-accessibility.

What Are Website Accessibility Overlays?

Accessibility overlays are third-party tools or scripts integrated into a website. They offer text resizing, color contrast adjustments, screen reader compatibility, and keyboard navigation. For businesses seeking quick solutions, these widgets appear convenient and cost-effective.

Yet, accessibility experts and advocacy groups frequently criticize overlays for failing to address core accessibility issues. Many users with disabilities report that these tools do not work as advertised and often create more barriers than they remove.

Legal Risks of Accessibility Overlays

The legal landscape surrounding web-accessibility has become increasingly complex. Businesses in the United States are required to provide equal access under laws like the Americans with Disabilities Act (ADA) and, in some cases, the Rehabilitation Act. Non-compliance can result in lawsuits, financial penalties, and settlement costs.

Here’s how overlays contribute to legal risks:

False Sense of Compliance

Overlays often give businesses a false sense of security by claiming compliance with WCAG standards. However, these widgets rarely fix underlying issues in the website’s code, which is the root of most accessibility barriers.

Courts have consistently ruled that overlays are not a substitute for full compliance. For example, in cases like Robles v. Domino’s Pizza, the courts emphasized that businesses must address accessibility holistically, not rely on third-party fixes.

Increased Legal Vulnerability

Recent lawsuits have specifically targeted companies that rely on overlays. Plaintiffs argue that these tools fail to provide meaningful access and do not meet legal standards. Businesses using overlays can face repeat litigation from multiple plaintiffs or “copycat” lawsuits.

Misleading Claims

Overlays that advertise themselves as ADA-compliant solutions may expose businesses to additional liability under consumer protection laws for misleading claims.

Reputational Risks of Accessibility Overlays

In today’s socially conscious marketplace, accessibility is not just a legal requirement but a moral and ethical imperative. Failing to address accessibility authentically can damage a business’s reputation.

Negative Feedback from Users

Many individuals with disabilities report that overlays interfere with assistive technologies like screen readers and fail to improve their browsing experience. Frustrated users often take to social media to share their negative experiences, leading to bad publicity.

Advocacy Group Backlash

Disability advocacy groups are increasingly vocal about the ineffectiveness of overlays. A public campaign against a company for using a widget as a “quick fix” can tarnish its brand and alienate customers who value inclusivity.

Erosion of Trust

Businesses relying on overlays signal a lack of commitment to genuine accessibility. This can lead to diminished trust among consumers, especially in industries like retail, education, and healthcare, where accessibility expectations are high.

Financial Risks of Accessibility Overlays

The financial consequences of relying on accessibility overlays extend beyond potential lawsuits. They can lead to hidden costs that outweigh their initial affordability.

Recurring Costs Without Long-Term Benefits

Overlays typically operate on a subscription model, requiring ongoing payments. Despite these recurring costs, they fail to deliver permanent solutions, forcing businesses to invest in comprehensive remediation eventually.

Cost of Legal Defense

Defending against accessibility lawsuits is costly, even if a case doesn’t reach trial. Businesses relying on overlays may face higher legal expenses due to their inability to demonstrate genuine efforts toward compliance.

Lost Revenue from Alienated Customers

Accessibility barriers can drive away potential customers, especially in e-commerce. An inaccessible website limits the purchasing power of individuals with disabilities, who collectively control over $490 billion in disposable income in the United States alone.

The Limitations of Accessibility Overlays

Accessibility overlays are inherently limited because they address only surface-level issues. They do not fix the underlying structural problems in a website’s code. Key limitations include:
- Incompatibility with Assistive Technology: Many widgets fail to work seamlessly with screen readers, keyboard navigation, or voice recognition software.
- Partial Coverage: Overlays often address only a narrow set of accessibility issues, leaving gaps that continue to exclude users with disabilities.
- Unintended Consequences: Some overlays introduce new barriers, such as excessive pop-ups, poor usability, or errors that disrupt the browsing experience.
These limitations highlight why overlays cannot replace a robust accessibility strategy.

A More Authentic Approach to Web-Accessibility

To truly achieve accessibility, businesses must move beyond quick fixes and invest in comprehensive, authentic solutions. A holistic approach includes:

Accessibility Audits

Conducting thorough manual and automated audits to identify all accessibility barriers on a website. An audit provides a clear roadmap for remediation.

Remediation of Core Issues

Fixing the underlying code to ensure compliance with WCAG standards. This involves addressing issues like semantic HTML, proper labeling of forms, and ensuring content is perceivable, operable, understandable, and robust (POUR principles).

Ongoing Maintenance

Accessibility is not a one-time project. Regular updates, testing, and monitoring ensure that websites remain compliant as technology evolves.

User-Centered Design

Involving users with disabilities in the design and testing process ensures that solutions meet real-world needs.

Expert Partnerships

Partnering with accessibility experts helps businesses navigate complex legal requirements and implement effective solutions. Services like 216digital’s a11y.Radar provides ongoing monitoring to maintain compliance and reduce the risk of lawsuits.

Why Businesses Should Avoid the Widget Trap

While accessibility overlays may seem like a quick fix, their limitations and associated risks make them a poor choice for businesses serious about accessibility. A genuine commitment to accessibility requires addressing the root causes of inaccessibility, not just the symptoms.

Schedule an ADA Briefing with 216digital

If you’re ready to move beyond widgets and take meaningful steps toward true web-accessibility, schedule an ADA briefing with 216digital. Our team of experts will guide you through understanding accessibility standards, identifying areas for improvement, and implementing solutions tailored to your business. With tools like our a11y.Radar service for ongoing monitoring, we’ll help ensure that your website not only meets compliance requirements but also provides a user-friendly experience for everyone.

By investing in a robust and authentic approach, businesses can avoid the legal, reputational, and financial pitfalls of relying on overlays. More importantly, they can create an inclusive digital experience that serves all users, regardless of ability.
Greg McNeil

November 20, 2024

Legal Compliance

Accessibility, ADA Compliance, Overlay, Overlay widgets, Website Accessibility, Widgets
Web Accessibility Overlays: A False Sense of Security
As a website owner, you likely recognize the growing need to make your site accessible to everyone, including individuals with disabilities. With increased emphasis on ADA compliance, you may have encountered web accessibility overlays—automated tools that offer quick-fix solutions.

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

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

What Are Web Accessibility Overlays?

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

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

The Illusion of ADA Compliance

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

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

Automated Fixes Miss Critical Issues

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

Here are some areas where they typically fall short:
- Semantic HTML: Using HTML elements correctly ensures that people using screen readers and other assistive technologies can understand your website’s content. Overlays cannot address issues like improper heading structures or missing ARIA labels.
- Alt Text for Images: Descriptive alt text provides essential context for visually impaired users. Automated tools can only see that they are missing. They cannot interpret the meaning or purpose of the image to generate meaningful descriptions.
- Keyboard Navigation: Many users are unable to use a mouse, requiring them to navigate a website through the use of a keyboard. To make a website accessible through keyboard navigations corrections must be made on a code level. As discussed above, overlays can only make superficial changes, and cannot make changes directly to the code.
By relying on these automated solutions, you may inadvertently overlook crucial aspects of web accessibility, leaving your site vulnerable to an ADA lawsuit.

The False Sense of Security

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

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

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

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

A Human-Centered Approach to Web Accessibility

To meet the needs of all users and ensure ADA compliance, businesses must adopt a comprehensive, human-centered approach to web accessibility. Here are a few critical steps to achieving this:
- Understand Web Accessibility Guidelines: WCAG is a set of standards designed to make web content more accessible. Familiarize yourself with these guidelines to understand what needs to be done. They cover aspects like text readability, alternative text for images, and keyboard navigation.
- Conduct a Website Audit: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
- Engage with Users: Real feedback from individuals with disabilities is invaluable. Understanding their experiences navigating your site will provide critical insights for meaningful improvements.
- Train Your Team: Train your staff, especially those involved in website management and content creation, about web accessibility principles and best practices. This knowledge is essential to maintaining an accessible online experience over time.
- Ongoing Monitoring: Compliance is not a one-time task. This proactive approach helps prevent potential violations before they lead to costly lawsuits.
By prioritizing a human-centered approach, you can create an online environment that truly serves all users rather than settling for a quick-fix solution that only gives the illusion of compliance.

216digital’s Approach to Web Accessibility

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

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

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

Conclusion

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

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

October 8, 2024

Legal Compliance, WCAG Compliance

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

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

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

What Are Web Accessibility Overlays?

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

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

Overlay’s Intended Purpose

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

The Reality: Why Overlays Often Fall Short

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

Broken Functionality

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

Limited Customization

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

Disruptive Presence

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

Overlay’s Provide a False Sense of Security

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

Common Issues with Overlays

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

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

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

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

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

Why Overlays Are Seen as a “Quick Fix”

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

However, this approach is problematic for several reasons:

Superficial Solutions

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

Potential for Increased Barriers

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

Legal and Ethical Concerns

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

The Path to Genuine Accessibility

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

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

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

September 17, 2024

Legal Compliance

ADA Compliance, Overlay widgets, Overlays, screen overlays, Users experience, Widgets
Web Accessibility Overlays: Myths vs. Reality
You’ve just added a shiny new widget to your website, promising instant accessibility and compliance with laws like the Americans with Disabilities Act (ADA). Sounds too good to be true, right? That’s because it often is. Many companies market web accessibility overlays as the magic solution to all your accessibility problems. They promise that with just a quick install, your site will be fully compliant and accessible to everyone. It sounds like the easiest fix in the world—but is it really?

The truth is, while these overlays might seem like a simple answer, they don’t solve everything. From complex guidelines to ongoing legal risks, relying on an overlay alone can give you a false sense of security. In this article, we’ll dive into the real story behind these widgets and explore why genuine web accessibility requires more than just a quick fix. So, buckle up and let’s uncover the truth about web accessibility overlays and what it really takes to make your site inclusive for all users.

Myth #1: Web Accessibility Overlays Fully Automate Web Accessibility Compliance

One of the biggest misconceptions about web accessibility widgets is that they can fully automate compliance with web accessibility standards. Many companies selling these overlays promise that adding their widget to a site will instantly make it accessible and compliant with laws like the ADA or the Web Content Accessibility Guidelines (WCAG). This sounds great, right? A simple piece of code can fix all your accessibility problems in a matter of minutes!

The Truth: Overlays Can’t Fix Everything

Here’s the thing: overlays can’t fix everything. While they may assist with some accessibility needs—like text resizing or color contrast—they fall short of addressing complex issues that require thoughtful design and coding. Real accessibility involves:

Complexity of WCAG Standards

The WCAG guidelines cover a wide range of disabilities—visual, auditory, motor, and cognitive. Meeting these standards often requires more than what widgets can provide. For example, overlays might not solve issues such as:
- Navigation menus that aren’t keyboard-friendly
- Popups or modals that don’t properly capture focus
- Logical tab order problems
- Incorrectly labeled images, buttons, or form fields
- Buttons made with non-interactive HTML tags
While most of these issues are not visible to all users, these issues are significant barriers for users with disabilities. This means that while overlays might help with some parts of compliance, they can’t cover everything.

Surface-Level Changes

Many overlays offer features like enlarging text or adjusting color contrast. While these can be helpful, they only address surface-level issues. True compliance involves deeper changes to the website’s code and design—something they can’t provide.

Dynamic Content Challenges

Overlays may struggle with dynamic content like live updates or interactive features. These parts of a website that change often might not work well with overlays, leading to potential accessibility problems.

Myth #2: Overlays Are a One-Size-Fits-All Solution

Some believe that widgets are a one-size-fits-all solution for every website. The idea is that once you add an overlay, it will work for every visitor, no matter their needs. Marketing claims often suggest that they can solve accessibility issues for all types of disabilities.

The Truth: Overlays Aren’t Universal Fixes

Every website is unique, and so are its users’ needs. Here’s why overlays often fall short:

Different Needs for Different Sites

Websites come in various forms, from simple blogs to complex e-commerce sites. An overlay might offer basic features, but it might not be suitable for every site. For example, a shopping site with complex navigation might need specific accessibility adjustments that an overlay can’t provide.

Incompatibility Issues

Overlays can sometimes interfere with a site’s existing design or functions, especially for custom-built websites or those with complex interactive elements. Instead of helping, the overlay might cause problems or make the site less accessible.

User Preferences

Different users have different needs. While overlays might offer some customization options, like changing font size or color contrast, they can’t cater to all specific needs. For example, someone with a motor disability might need easy keyboard navigation, while someone with a cognitive disability might need simpler content. Overlays often lack the flexibility to address all these diverse needs.

Myth #3: Overlays Improve Accessibility for All Users

It’s easy to believe that if you add an overlay, you’ve made your website more accessible for everyone. This myth is particularly damaging because it can lead to a false sense of security. Site owners might think they’ve done enough and may not feel the need to make further efforts toward accessibility.

The Truth: Overlays Can Create Barriers

Overlays can actually create new barriers for some users. For example, screen readers—used by people who are blind or have low vision—might conflict with overlays, causing confusion or glitches. In some cases, users have reported that they make websites even harder to navigate. So, while widgets might help some users in certain situations, they can also cause new challenges for others.

Myth#4: Overlays Are a Substitute for Genuine Accessibility Practices

There’s a belief that adding an overlay is all you need to do for accessibility compliance. Some think this means they can skip the hard work of manual audits, coding standards, and user testing. After all, if the overlay claims to handle accessibility, why bother with anything else? But that’s far from the truth. Genuine accessibility takes more than just a quick fix.

The Truth: Real Accessibility Requires Real Effort

True web accessibility means creating an inclusive experience for everyone, which involves more than just using an overlay. Here’s why:

Genuine Accessibility Takes Effort

Accessibility involves a mix of automated tools and human effort. Overlays might be part of an accessibility strategy, but they aren’t a replacement for manual audits and user testing. Human testers, especially those with disabilities, can provide insights that automated tools can’t. Real accessibility requires following coding standards, testing with real users, and regularly updating the site based on feedback. It’s a continuous process, not a one-time fix.

Myth #5: Web Accessibility Overlays Decrease Legal Liability

There’s a common myth floating around that adding a web accessibility overlay to your website will reduce your legal liability for not meeting accessibility standards. The idea is that if you just slap on an overlay, you’re covered, and you won’t have to worry about being sued for accessibility issues. Sounds tempting, right? Especially if you’re looking for a quick fix to avoid legal trouble.

The Truth: Overlays Don’t Eliminate Legal Risks

Here’s the reality: using an overlay doesn’t guarantee you’re legally safe. While overlays might help with some features, they don’t always meet legal requirements or ensure full compliance with laws like the ADA.

Incomplete Compliance

Overlays might improve some aspects, but they often miss key parts of accessibility, like keyboard navigation or dynamic content. If your site doesn’t fully meet accessibility standards, it can still be considered non-compliant. Legal requirements ensure all users, including those with disabilities, can access and use your website properly.

Ongoing Legal Risk

There were 933 lawsuits last year against websites using these so-called “accessibility solutions,” and the number is growing. This year, we’re on track for over 1,100 lawsuits against sites with these ineffective widgets. In the first half of 2024 alone, 503 lawsuits targeted sites with active widgets, making up 20% of all accessibility-related lawsuits this year.

Overlays in Settlement Agreements

Recently, many settlement agreements have made it clear that using overlay solutions like AudioEye, AccessiBe, and Accessibility Spark doesn’t meet compliance standards. This shows the need for strong accessibility measures integrated into your site’s design.

Overlays Can Make You a Target

Businesses using overlays are facing a rise in copycat lawsuits. Lawyers target companies with third-party widgets, knowing these tools often fall short. Tools like BuiltWith can show which websites use specific tools, making it easy to target sites with these solutions.

Why Genuine Accessibility Practices Matter

Web accessibility is about more than just meeting legal requirements—it’s about making your site usable for everyone. Genuine accessibility practices, like following WCAG guidelines, conducting manual audits, and testing with real users, ensure your site is accessible to people with various disabilities. This not only helps avoid legal problems but also improves your website for all users.

To truly reduce legal risk and provide a better experience for all users:
- Adopt Comprehensive Accessibility Standards: Follow guidelines like WCAG to meet all user needs through thoughtful design and development.
- Conduct Regular Audits and Testing: Perform manual audits and usability testing with real users, especially those with disabilities, to find and fix issues that overlays might miss.
- Continuous Improvement: Regularly update your site and re-evaluate your accessibility practices to keep up with new standards and user needs.
Final Thoughts

While web accessibility overlays might seem like a quick and easy fix for making your website compliant with the ADA, they’re far from a complete solution. Overlays often fall short in addressing complex accessibility issues, and relying solely on them can lead to incomplete compliance and even create new barriers for users. Genuine web accessibility requires a thoughtful approach that includes adhering to comprehensive standards like WCAG, conducting manual audits, and testing with real users.

If you’re serious about making your website truly accessible and reducing legal risks, consider scheduling an ADA briefing with 216digital. Our experts can help you understand the full scope of accessibility requirements and develop a strategy that goes beyond quick fixes. With our guidance, you’ll ensure your site meets all necessary standards and provides an inclusive experience for everyone. Don’t leave your website’s accessibility to chance—contact 216digital today to get started on a path to genuine compliance and better user experience.
Greg McNeil

September 9, 2024

Legal Compliance

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

What Are Web Accessibility Overlays?

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

The Legal Landscape: Recent Lawsuits and Challenges

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

Case Study: Tribeca Skin Care vs. accessiBe

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

Problems and Risks with Overlays

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

Copycat Lawsuits: A Growing Threat

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

Exploitation of Overlay Data

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

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

Why Overlays Aren’t a Solution

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

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

What Can Business Owners Do Instead?

Given the risks associated with overlays, what should business owners do instead to ensure their websites are accessible? The answer lies in taking a proactive and comprehensive approach to web accessibility. Here are some steps to consider:
1. Understand Web Accessibility Guidelines: The Web Content Accessibility Guidelines (WCAG) are a set of standards designed to make web content more accessible. Familiarize yourself with these guidelines to understand what needs to be done. They cover aspects like text readability, alternative text for images, and keyboard navigation.
2. Conduct a Website Audit: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
3. Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about web accessibility. This helps create a culture of inclusivity and ensures that accessibility remains a priority.
4. Stay Informed and Up-to-Date: Web accessibility standards and best practices can evolve over time. Stay informed about any changes and make updates to your website as necessary to remain compliant.
5. Ongoing Monitoring: Compliance is not a one-time task with 216digital’s a11y.Radar service provides ongoing monitoring of your website or app to detect any new accessibility issues that may arise over time. This proactive approach helps prevent potential violations before they lead to costly lawsuits.
Overlays Are Not a Shortcut

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

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

Team Up with 216digital

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

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

September 3, 2024

Legal Compliance

ADA Compliance, digital accessibility, Overlay, Overlay widgets, Web Accessibility
Why Screen Overlays Can Harm Your Website and Business

In today’s digital world, having a website that’s accessible to everyone is not just a nice-to-have; it’s essential. As a business owner, you want to ensure your website is user-friendly for all potential customers. However, when it comes to web accessibility, there’s a common misconception that screen overlays are a quick fix. Unfortunately, these overlays can create more problems than they solve. In this article, we’ll explore why screen overlays can actually hinder users with visual impairments and how they can put your business at risk for an ADA lawsuit.

What Are Screen Overlays?

Screen overlays are tools that can be added to a website to provide accessibility features. These overlays are designed to make a website more usable for people with disabilities by adding features like text-to-speech, color contrast adjustments, and font size changes. While the intention behind these tools is good, their effectiveness and actual impact are often questionable.

Why Screen Overlays Can Be Problematic

1. They Can Create More Barriers

Screen overlays might seem like a helpful solution, but they often end up complicating things. For individuals who rely on assistive technologies such as screen readers, overlays can interfere with how these tools work. Screen readers, for instance, may not interact well with overlays, making it harder for users to navigate the site. Instead of enhancing accessibility, overlays might add another layer of complexity that can make it more difficult for disabled users to access the information they need.

2. They Can Conflict with Existing Accessibility Features

Many websites already incorporate accessibility features that follow the Web Content Accessibility Guidelines (WCAG). These features are carefully designed to work together to provide a seamless experience for all users. When you add a screen overlay, it can conflict with these existing features, creating inconsistencies that can confuse users. This is especially problematic for people who rely on keyboard navigation or voice commands.

3. They May Not Address the Root Issues

Screen overlays often tackle symptoms rather than the root causes of accessibility issues. For example, if your website has poor color contrast or inaccessible navigation, an overlay might offer temporary solutions like color adjustments. However, these adjustments might not fully resolve the underlying problems, leaving users with disabilities facing ongoing challenges. The real solution lies in making the website itself more accessible through proper design and development practices.

Impact on Your Business: ADA Lawsuits and Legal Risks

Increased Risk of ADA Lawsuits

The Americans with Disabilities Act (ADA) requires businesses to make their websites accessible to people with disabilities. If a website is not accessible, it can be subject to legal action. There has been a significant increase in ADA lawsuits targeting websites. Many of these lawsuits are filed because businesses use screen overlays that fail to genuinely improve accessibility.

Websites relying on screen overlays are often scrutinized in legal cases. Courts and advocacy groups are increasingly aware that these overlays do not always meet ADA requirements. As a result, businesses using screen overlays could find themselves in legal trouble, facing expensive lawsuits and the potential need for significant site redesigns.

Reputational Damage

Beyond legal risks, using screen overlays can damage your brand’s reputation. Customers who encounter accessibility issues on your website may feel excluded or undervalued, which can hurt your business’s image. In the digital age, word spreads quickly, and negative experiences can lead to unfavorable reviews and a tarnished reputation. Investing in true accessibility improvements not only helps you avoid legal trouble but also shows that you care about all of your customers.

Lessons from Recent News

A recent New York Times article, For Blind Internet Users, the Fix Can Be Worse Than the Flaws, highlights the growing concern around the effectiveness of AI-based accessibility tools, including screen overlays. The article reveals that while these tools are marketed as solutions, they often fall short of providing real accessibility improvements. The focus has shifted towards creating genuinely accessible websites from the ground up rather than relying on add-ons that may not address the fundamental issues.

The article underscores a key point: businesses should focus on building websites that are inherently accessible, rather than relying on tools that might offer only partial solutions. This approach aligns better with ADA compliance and ensures that your website meets the needs of all users.

Best Practices for True Web Accessibility

1. Follow Web Content Accessibility Guidelines (WCAG)

The best way to ensure your website is accessible is to follow WCAG. These guidelines provide a comprehensive framework for making web content accessible to people with disabilities. They cover areas such as text alternatives for images, keyboard accessibility, and clear navigation. By adhering to these guidelines, you create a website that is genuinely accessible to all users.

2. Conduct Regular Accessibility Audits

Regular accessibility audits can help identify and address potential issues before they become major problems. These audits involve evaluating your website’s design and functionality to ensure it meets accessibility standards. Professional audits can provide valuable insights and recommendations for improvements, and working with accessibility specialists like 216digital can give insight on the ADA requirements to avoid potential legal issues.

3. Invest in Inclusive Design from the Start

Incorporating accessibility into your website’s design from the beginning is the most effective approach. This involves considering the needs of users with disabilities during the design and development phases. By prioritizing accessibility from the start, you create a more inclusive experience for all users and reduce the risk of legal challenges.

Stay Web Accessible with 216digital

Screen overlays might seem like a convenient solution for improving web accessibility, but they often fall short of providing meaningful benefits. Instead, they can create additional barriers for users with disabilities and increase your risk of facing an ADA lawsuit. To ensure your website is genuinely accessible, focus on following established guidelines, conducting regular audits, and investing in inclusive design from the start.

By taking these steps, you will demonstrate your commitment to providing an inclusive and user-friendly experience for all visitors. In the long run, this approach will help you avoid legal troubles, protect your reputation, and create a better online environment for everyone.

Ready to get started? At 216digital, our expert team can assist you in developing a strategy to make this journey of WCAG 2.1 compliance as smooth as possible. 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 5, 2024

Legal Compliance

ADA non-compliance, Overlay, Overlay widgets, screen overlays, Web Accessibility, Website Accessibility
Why Accessibility Overlays Might Make You a Target
For many website owners, ensuring their site is accessible to everyone, especially those with disabilities, is a priority. This makes sense, not only from an ethical standpoint but also from a legal one. Web accessibility has become a hot topic, with the Americans with Disabilities Act (ADA) taking action against websites that fail to provide equal access. One solution that has garnered attention is the use of overlay widgets. However, if you’re considering using overlay widgets to meet these demands, pause! This may not be the solution you think it is.

In this post, we will explore the pitfalls of relying on such solutions and why they may not be the best choice for safeguarding your online business.

What is an Overlay Widget?

In simple terms, an overlay refers to tools or technologies that incorporate third-party code, typically JavaScript, into a webpage to enhance accessibility. Over recent years, these overlays have surged in popularity and are now featured on numerous websites across the internet. Among the many available, UserWay and accessiBe stand out as the top contenders on the market.

For a monthly charge, these tools claim to offer complete ADA and WCAG compliance, shielding them from litigation and an improved user experience for people with disabilities, all by adding just a single line of code to a website.

On the surface, it sounds ideal for website owners wanting a quick solution. But the truth is more complex.

What Do Accessibility Overlays Claim to Offer?

These overlay companies often promise three key concepts to consumers:
1. Your website will be fully accessible
2. Their technology will automate fixes, removing the need for web accessibility experts.
3. Their products will protect you from accessibility lawsuits.
Does it sound too good to be true? It is. While overlays might seem like a cost-effective solution for web accessibility, they might leave hopeful business owners with a target on their backs.

Accessibility Experts Voicing Concern

Experts in web accessibility have expressed skepticism about the effectiveness of accessibility overlays. Many experts argue that these tools may create a false sense of compliance and fail to address the root causes of accessibility issues.

Around 800 experts in accessibility have promised not to support, suggest, or use overlays that pretend to comply with laws or standards automatically. Karl Groves, an industry expert with over 20 years of experience, has put together a detailed fact sheet and statement from these experts, and it’s available on overlayfactsheet.com as a helpful online resource.

But why are these experts opposing overlays? First, we have to talk about ADA Compliance.

What is ADA Compliance?

While using an overlay may help meet some rules in accessibility standards, it cannot ensure

Conformance means meeting or satisfying the requirements of the web accessibility standards. According to Web Content Accessibility Guidelines (WCAG), the ‘requirements’ for web accessibility are called Success Criteria. To conform to WCAG’s guidelines, you must meet or satisfy all the Success Criteria.

Since conforming to a standard involves meeting all its requirements, products that claim to bring a website into compliance but cannot fix all issues should be approached with caution.

Why Overlays Are Not Fully Accessible

Here’s a simplified analogy: Imagine a pothole in the road. Instead of fixing it properly, someone places cardboard over it. It might look covered, but it’s still there, and it’s just a matter of time before someone falls through.

Similarly, while overlay widgets might give the appearance of an accessible website, they often merely cover up underlying issues. The worst part? Sometimes, they introduce new problems.

The Limitations of Accessibility Overlays

While overlays may provide some surface-level improvements, they often fail to address the comprehensive requirements for ADA compliance. Automated fixes can be incomplete or inaccurate, leaving certain accessibility issues unaddressed and potentially leading to legal consequences.

Here’s why:
- Partial Fixes: While overlays can assist in certain areas, like making text bigger for those with vision problems, they don’t treat the root problems in the website’s code, leaving site owners vulnerable to ADA lawsuits.
- Inconsistency: Overlay performance can be unpredictable across different devices and browsers, particularly on mobile.
- False Assurance: Sole reliance on overlays can be deceptive. They detect only about 30% of accessibility barriers. The intricate WCAG guidelines mean that overlays can only handle some necessary adjustments. A hands-on review is needed to find the remaining 70% of issues.
- User Experience: Some overlay tools give users an overwhelming number of choices, making things more perplexing or even creating new hurdles for disabled users.
- Conflicts with Assistive Tools: Many people with disabilities use specific tools to navigate the web. Overlays can disrupt these tools, making the website even less accessible.
To learn more about how overlay widgets fail to make a website compliant, check out our blog post, Why AI & Overlay Widgets Fail ADA Website Compliance.

Overlays Don’t Protect Against Web Accessibility Lawsuits

Many website owners opt for overlay widgets, believing they will shield them from potential lawsuits. However, this couldn’t be farther from the truth. Some advocates argue that these overlays can create a false impression of compliance, attracting attention from individuals keen on holding non-compliant websites accountable or with a desire for a quick payout.

At the 2021 Digital Accessibility Legal Summit, Jeremy Horelick, Jason Taylor, and Richard Hunt discussed overlays being marketed as one-step software solutions for website accessibility. The answer was a clear no when asked if overlays reduce the risk of litigation expenses.

“They absolutely do not. And there are two reasons why this is true. The first reason is simply because they don’t actually fix websites. […]

The other reason is because the law firms, not all the law firms, but many of the law firms that are in this area do not care whether the website is really accessible or not. Their desire is to find something that they can identify as an error, usually by measuring it against WCAG, and if they can find that error, they can file a lawsuit in good faith. Remembering that their goal is to settle the lawsuit as soon as possible.”

Accessibility Overlays Can Make You A Target

Using an overlay widget is like announcing, “I’m trying to be compliant.” But when that compliance is only surface-deep, it can make you an easy target for litigation.

So you might wonder, “Why would an overlay make me a target?” Here’s a deep dive into the mechanics:

Lawsuit Mechanics

Lawsuits related to web accessibility often rely on demonstrating that a website remains non-compliant despite attempts to rectify it. Scanning tools most plaintiff firms use won’t reliably pick up the solutions provided by widgets and overlays. While suggesting an effort to comply, overlay widgets often fall short of genuine accessibility. As such, your site will “scan” in exactly the same way and not at all change the initial filter most plaintiff firms use to determine who to go after. This discrepancy provides an avenue for legal action.

Lawsuit Claims

Most lawsuits nowadays don’t primarily address WCAG compliance concerns. They cite issues of functional use—things that impact a person with a disability’s ability to use a site. However, overlays won’t affect those claims and will often worsen the functionality. Many claims pinpoint overlay widgets’ inconsistent and ineffective nature, emphasizing that they don’t provide a uniform solution for every user.

Public Record Evidence

Implementing a widget or overlay on your website highlights potential shortcomings in your approach to accessibility. This public display could be referenced in future legal proceedings as evidence of your organization’s consistent lack of attention to accessibility. In the context of the ADA, this could be seen as a failure to adapt policies, practices, and procedures to ensure accessibility.

2023 Overlay Litigation Wave

In 2023, we saw 933 websites become targets for ADA non-compliant lawsuits because they relied solely on overlay widgets. This marked a notable 62% increase from the previous year. The legal actions brought against these companies often point fingers at the features and functions of these widgets, claiming they contribute to accessibility issues, along with the common failures outlined in WCAG.

Attorney Richard Hunt, who specializes in digital ADA cases at Hunt Huey PLLC, was among the first to focus on such legal matters. In a post titled “Is there a silver bullet for ADA website accessibility? Sorry, but the answer is no,” he emphasized that using an accessibility overlay or widget won’t protect businesses from ADA lawsuits.

Hunt stated, “If your business wants to avoid getting sued under the ADA because of an inaccessible website an accessibility overlay or widget isn’t going to help you. I can say this with some certainty because in the last two weeks alone five lawsuits have been filed against businesses that use an accessibility widget or overlay on their websites.”

Privacy Concerns

Besides potential legal problems tied to web accessibility, privacy concerns have surfaced. Overlays that automatically activate certain features, such as those for screen reader or speech recognition users, do this by detecting when an assistive technology is in use on the device. This reveals that the person using the device at that time has a disability. In some instances, it even exposes more personal information, like age, ethnic background, or preferred gender. Collecting such data should only happen with the informed consent of the person to whom it belongs.

Privacy Concerns and Legal Consequences

Some overlays keep users’ settings consistent across different websites that use the same overlay. This is achieved by placing a cookie on the user’s computer. When the user activates a setting for a specific overlay feature on one site, the overlay will automatically activate that feature on other sites.

Although the overlay company may believe they are benefiting the end user, the major privacy issue is that the user never agreed to be tracked, and there’s no way to opt out. Because there’s no opt-out option (except for explicitly turning off that setting), this poses a risk under the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA) for the overlay customer.

What Actions Should Website Owners Take?

For website owners, the lesson is clear. While overlay widgets might seem like an easy fix for web accessibility, they’re anything but. Not only do they fail to address the root accessibility issues, but they also paint a target on your back for potential litigation.

If you’re a website owner considering using overlay widgets, tread cautiously. Instead of looking for shortcuts, invest in a comprehensive web accessibility evaluation and manual review from the experts at 216digital to ensure that all accessibility barriers are identified and addressed correctly.

It is crucial to recognize the limitations of AI and use it in conjunction with other accessibility tools, such as regularly testing and evaluating accessibility compliance through automated and manual audits. By adopting a multi-faceted approach to accessibility, you can minimize the risk of legal action and make sure that digital content is accessible to all users.

Team Up with 216digital

After years of analyzing ADA lawsuits, we’ve discerned the tactics used by law firms to pinpoint websites for groundless ADA claims and how to protect businesses against them. Our team of accessibility experts can also develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms to save you from potential legal headaches in the future.

Remember, web accessibility is not just about legal compliance but about creating an inclusive web for all. So don’t wait any longer—find out where you stand by scheduling a complementary ADA Strategy Briefing today.
Greg McNeil

February 27, 2024

Legal Compliance

Accessibility, ADA Compliance, ADA Web Accessibility, ADA Website Compliance, Ai and Overlay Widgets, Overlay widgets, Website Accessibility, Website Accessibility Tools

What Are Accessibility Overlays?

Why Are EDF and IAAP Against Accessibility Overlays?

1. Overlays Don’t Actually Fix Accessibility Issues

2. Accessibility Overlays Can Interfere with Assistive Technologies

3. Overlays Create a False Sense of Compliance

4. Businesses Using Overlays Still Get Sued

5. Users with Disabilities Strongly Oppose Accessibility Overlays

6. Overlays Can Introduce New Barriers

What Should Website Owners Do Instead?

1. Conduct a Proper Accessibility Audit

2. Fix Accessibility Issues at the Code Level

3. Involve Users with Disabilities in Testing

4. Train Your Team on Accessibility Best Practices

5. Monitor and Maintain Accessibility Over Time

Conclusion

What Are Web Accessibility Overlays?

Why Accessibility Overlays Fall Short

1. They Don’t Fix Structural Code Issues

2. Conflicts with Assistive Technologies

3. False Sense of Compliance

4. Ethical Concerns and User Frustration

The Risks of Taking the Easy Way Out

Steps to Achieve Real Accessibility

1. Start with Clean, Semantic Code

2. Test with Real Users and Automated Tools

3. Collaborate with Accessibility Experts

4. Provide Ongoing Training

5. Plan for Long-Term Maintenance

Additional Resources

Moving Forward with True Accessibility

What Are Website Accessibility Overlays?

Legal Risks of Accessibility Overlays

False Sense of Compliance

Increased Legal Vulnerability

Misleading Claims

Reputational Risks of Accessibility Overlays

Negative Feedback from Users

Advocacy Group Backlash

Erosion of Trust

Financial Risks of Accessibility Overlays

Recurring Costs Without Long-Term Benefits

Cost of Legal Defense

Lost Revenue from Alienated Customers

The Limitations of Accessibility Overlays

A More Authentic Approach to Web-Accessibility

Accessibility Audits

Remediation of Core Issues

Ongoing Maintenance

User-Centered Design

Expert Partnerships

Why Businesses Should Avoid the Widget Trap

Schedule an ADA Briefing with 216digital

What Are Web Accessibility Overlays?

The Illusion of ADA Compliance

Automated Fixes Miss Critical Issues

The False Sense of Security

A Human-Centered Approach to Web Accessibility

216digital’s Approach to Web Accessibility

Conclusion

What Are Web Accessibility Overlays?

Overlay’s Intended Purpose

The Reality: Why Overlays Often Fall Short

Broken Functionality

Limited Customization

Disruptive Presence

Overlay’s Provide a False Sense of Security

Common Issues with Overlays

Firsthand User Experiences

Why Overlays Are Seen as a “Quick Fix”

Superficial Solutions

Potential for Increased Barriers

Legal and Ethical Concerns

The Path to Genuine Accessibility

Take the Next Step Towards Accessibility

Myth #1: Web Accessibility Overlays Fully Automate Web Accessibility Compliance

The Truth: Overlays Can’t Fix Everything

Complexity of WCAG Standards

Surface-Level Changes

Dynamic Content Challenges

Myth #2: Overlays Are a One-Size-Fits-All Solution