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  • The Dos and Don’ts of Crafting a Web Accessibility Policy

    When you run a website or create online content, it’s easy to get excited about beautiful visuals and the latest technology. But here’s the thing many people overlook: web accessibility. Making your website easy for everyone to use—no matter their abilities—isn’t just kind, it’s smart business.

    A thoughtful web accessibility policy explains exactly how your website will be welcoming and easy to use for everyone, especially people with disabilities. It shows you care about being fair and inclusive, building trust with your visitors.

    In this guide, we’ll walk you through creating a strong, practical web accessibility policy, show you how to put it into action, and help you build an organizational culture that cares deeply about accessibility every day.

    What is a Web Accessibility Policy?

    Accessibility Statement: Your Promise to Visitors

    Have you ever noticed a link that says “Accessibility” at the bottom of a website? That’s usually an accessibility statement. Think of it as your friendly promise to visitors that your website is designed to be easy for everyone to use.

    A good accessibility statement:

    • Clearly shows you care about accessibility.
    • Shares exactly how accessible your website currently is (like meeting WCAG 2.1 AA standards).
    • Gives easy ways for visitors to ask for help or report problems.

    This statement helps visitors feel welcome and shows you’re serious about meeting their needs.

    Accessibility Policy vs. Accessibility Statement: What’s the Real Difference?

    Here’s a quick way to remember the difference:

    • Accessibility Statement: Short, public, and visitor-focused. It’s your friendly promise to website users.
    • Accessibility Policy: Detailed, internal, and team-focused. It guides your team on exactly how to keep your site accessible, including who does what and when.

    Both are important. The statement lets visitors know you care, and the policy helps your team keep that promise.

    Creating a Strong Accessibility Policy

    Pick Clear Standards

    Avoid vague promises like “fully accessible.” Instead, choose clear guidelines, such as WCAG 2.1 Level AA. These give your team specific targets to reach. If your site lets users add their own content, include guidelines like ATAG (Authoring Tool Accessibility Guidelines).

    Clear standards help your team know exactly what’s expected.

    Clearly Assign Responsibilities

    Make it easy for everyone to know who does what:

    • Choose an accessibility lead or form a team from different areas like design, content, and web development.
    • Schedule regular checks (monthly or quarterly) to catch problems early.
    • Set up simple ways for users to report issues and quickly decide who will respond to these reports.

    Involve Everyone in Your Organization

    Accessibility isn’t just for tech teams—it’s for everyone. Teams like marketing, communications, and HR also need to understand basic accessibility. Include accessibility checkpoints in everyday work, like project plans, content creation, and contracts.

    Keep an Eye on Third-Party Tools and Vendors

    Sometimes outside software or tools can accidentally create accessibility barriers. Avoid this by:

    • Checking accessibility before buying new software or services.
    • Asking vendors for proof of their products’ accessibility (like a VPAT).
    • Clearly stating accessibility requirements in your contracts.

    Putting Your Web Accessibility Policy Into Action

    Set Clear Goals and Deadlines

    Set achievable goals with clear deadlines. For example, you might aim to reach basic accessibility standards in six months and higher standards within a year. Clearly write down each task and assign it to specific people.

    Keep Your Policy Up-to-Date

    Accessibility standards change over time. Regularly review your policy every 6 to 12 months. Stay informed about new guidelines by joining webinars, reading blogs, or participating in workshops.

    Building an Accessibility-Friendly Culture

    Your ultimate goal is to make accessibility feel natural and positive in your organization. Encourage your team to see accessibility as part of good design—not as something extra or limiting.

    Celebrate successes, reward good work, and encourage ongoing learning about accessibility.

    Conclusion

    Creating a web accessibility policy isn’t a one-time task—it’s an ongoing commitment to fairness and inclusion. By clearly setting goals, involving your entire organization, and keeping an eye on outside tools, you make your site truly welcoming for everyone.

    Need help getting started or improving your policy? 216digital can support you. We provide accessibility audits, policy creation help, and ongoing support to make sure your website stays welcoming for all visitors. Reach out to 216digital today—let’s make your website inclusive, accessible, and successful together!

    Greg McNeil

    February 28, 2025
    Web Accessibility Training
    Accessibility, accessibility policy, accessibility statement, Web Accessibility, Website Accessibility
  • 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
  • WCAG Basics: “Change of Context” or “Change of Content”

    Have you ever clicked on a text field and suddenly found yourself whisked away to a new page without warning? Or maybe you saw a form error message pop up out of nowhere, but your cursor stayed right where it was? These two situations hint at the difference between a “change of context” and a “change of content.”

    If you’re trying to make your website accessible, it’s important to know which is which because the Web Content Accessibility Guidelines (WCAG) treat them very differently. In this post, we’ll explore both terms, share some real-life examples, and give you tips on how to keep your site friendly and easy to use. By the end, you’ll have a stronger grasp of WCAG best practices and the confidence to apply them to your site.

    Why These Terms Matter

    People who rely on screen readers or keyboard navigation often can’t see or skim an entire page at once. Sudden or unexpected changes—like being redirected to a new tab—can be disorienting for them. That’s why WCAG sets clear rules to help you avoid making people feel lost.

    However, understanding “change of context” and “change of content” also helps with other accessibility concepts. For example, clarifying how your content updates ties right in with “Alternative for Time-based Media” or “Media Alternative for Text“—two other areas covered under WCAG. The more you know about these related topics, the better your site will serve all kinds of users.

    “Change of Context” in Plain Terms

    A “change of context” is a big shift in what a user sees or how they interact with the page. Under WCAG, it can include:

    • Opening a new window or tab without telling the user.
    • Moving the focus to another section of the page unexpectedly.
    • Redesigning the layout in a way that confuses users.

    For example, imagine you click into a text field, and suddenly, your screen shifts to another form altogether. That’s a huge jump! WCAG 3.2.1 (On Focus) says you shouldn’t trigger this kind of shift just because the user’s focus landed on an element. If the user ends up somewhere new, or a new window appears without their Input, you’re dealing with a “change of context.”

    “Change of Content” in Action

    Now, let’s say you click a menu button, and the menu expands without moving your cursor or launching a new page. That’s a “change of content.” You’re still in the same place—you can just see more information. This kind of change is usually okay as long as it doesn’t confuse or mislead.

    WCAG makes the point that not every content update equals a context change. You can display a tooltip, expand a dropdown, or show an inline error message without violating rules. As an example, if you’re filtering products on an eCommerce site and the list of items refreshes while your focus stays put, you’re likely good to go. The user expects new content to appear, so it’s not disorienting.

    When It Becomes an Accessibility Issue

    Mixing up these concepts can cause problems for people who rely on assistive technologies. For instance, if your site changes context every time someone selects a checkbox, they might lose track of where they were. WCAG 3.2.2 (On Input) warns against automatically triggering a big context shift unless you clearly warn the user or let them choose when it happens.

    At higher levels of WCAG (like AAA), 3.2.5 (Change on Request) says that major shifts should happen only when the user deliberately starts them—or they should be easy to dismiss. That means you can’t force a pop-up window to stay on screen with no way to close it. People need control over how they explore your site.

    Status Messages and Alerts

    Some sites show status messages—like “Item added to your cart”—that don’t move focus but do tell assistive tech users what’s happening. That’s allowed under WCAG 4.1.3 (Status Messages) because the screen reader can announce the alert without taking the user away from what they were doing.

    Things get trickier when an alert moves focus to itself. Sometimes, that’s necessary (say, with a big error), and if the user’s action triggers it, it can still meet WCAG standards. But if your site automatically shifts focus to a timeout warning with no user action, that can become a disorienting change of context—especially at the AAA level of WCAG compliance.

    Tips for Making It Work

    Keep People Where They Are

    Unless there’s a solid reason for moving focus or opening a new page, don’t do it. A small update to the same page is usually a “change of content,” which is less disruptive.

    Give Users a Heads-Up

    If you need to make a “change of context,” warn the user first. For example, say, “Selecting this option opens a new window.” This aligns with WCAG recommendations, especially 3.2.2.

    Test with Assistive Tech

    The best way to find out if your site is user-friendly is to try it with screen readers, keyboard-only navigation, or other assistive tools. You’ll quickly spot if something is shifting unexpectedly.

    Use ARIA Properly

    If you have alerts or status messages, use ARIA roles like role= “alert” or aria-live so screen readers can announce them without moving focus. This follows WCAG 4.1.3 guidelines for status updates.

    Think About Your Audience

    Some changes of context, like a security timeout, might be needed. Just remember to give the user control whenever possible.

    Wrapping It Up

    Understanding when something is a “change of context” rather than just a “change of content” is a big part of complying with WCAG. When you keep these definitions clear, you’ll avoid creating barriers that leave users confused and frustrated. It also ties back to important concepts like “Alternative for Time-based Media” and “Media Alternative for Text,” which help make websites more inclusive overall.

    Remember, WCAG doesn’t just set rules—it helps us create better experiences for everyone. If you need extra guidance, 216digital is here to help. We can perform an Accessibility Audit to see where your site stands, offer advice on meeting WCAG success criteria like 3.2.1, 3.2.2, 3.2.5, and 4.1.3, and suggest ways to make your site easier for all. 

    Ready to get started? Schedule a consultation with 216digital today and make sure you’re on the path to a more inclusive, user-friendly website!

    Greg McNeil

    February 20, 2025
    WCAG Compliance
    Accessibility, WCAG, WCAG Compliance, WCAG conformance, Web Accessibility, Website Accessibility
  • ADA Lawyer vs. Business Attorney: What’s the Difference?

    Have you ever tried to use a website that felt impossible to read or navigate? People with disabilities often face these problems every day. That’s why ADA compliance is so important for businesses that run websites or mobile apps. More and more people are taking legal action when sites are not accessible. As these lawsuits rise, it’s vital to understand your legal duty to make your website accessible.

    In many of these cases, an ADA lawyer steps in to help. An ADA lawyer is a legal professional who knows all about ADA compliance and how to fix accessibility issues in digital spaces. You may not always need to hire a lawyer, but there are certain times when having one is crucial. This article will explain when you might need an ADA lawyer, along with simple steps to help your site stay accessible and avoid legal trouble.

    The Americans with Disabilities Act: An Overview

    The Americans with Disabilities Act (ADA) became law in 1990. Its main goal is to remove barriers that prevent people with disabilities from fully taking part in everyday life.

    Title III is most important for websites because the Department of Justice (DOJ) says that websites and mobile apps count as “public accommodations.” This means your business must keep its website accessible to avoid breaking the law. Following ADA compliance here is not just a nice thing to do—it’s legally required.

    The Risks of Non-Compliance

    Not meeting ADA compliance can have serious legal and financial effects on your business. Lawsuits related to digital accessibility have been on the rise, hitting industries like retail, hospitality, healthcare, and finance particularly hard. High-profile cases against Domino’s Pizza and Winn-Dixie have shown just how important it is to make websites accessible.

    If your website is found non-compliant, you could face some serious consequences such as:

    Costly Settlements & Legal Fees

    Fighting an ADA lawsuit can cost tens of thousands of dollars, including lawyer fees and settlement payouts.

    Civil Penalties

    The DOJ can impose civil penalties, with a first violation costing up to $75,000 and a second offense up to $150,000.

    Harm to Brand Reputation

    When a business is sued for not following ADA compliance, it can hurt the company’s public image, leading to lost customers and lower trust.

    Mandatory Remediation

    Businesses found in violation may even be forced to complete mandatory remediation under court supervision, which usually costs far more than if they had taken a proactive approach in the first place.

    When Do You Need an ADA Lawyer?

    While proactive accessibility efforts are ideal, there are key scenarios where consulting a lawyer is necessary:

    Receiving a Demand Letter or Lawsuit

    If your company gets a demand letter or is sued, call an ADA lawyer right away. They can look at the claims, figure out if they’re valid, and help you respond in the best way. This helps lower your chances of major financial losses.

    Navigating ADA Compliance Standards

    Sometimes, you need help understanding what laws apply to your business. An ADA lawyer can explain the rules for ADA compliance and help you set up a plan to meet them. They’ll also show you how to keep your policies in line with these rules over time.

    Reviewing Accessibility Policies and Practices

    If you want to be proactive, an ADA lawyer can review your current policies and make sure they fit with the ADA. They’ll also help you come up with new policies and train your team to follow them.

    What Is an ADA Lawyer?

    An ADA lawyer is someone who knows the ins and outs of the ADA, focusing on website accessibility and preventing digital discrimination. They can represent businesses of all sizes, from small startups to large corporations. Their main job is to make sure ADA compliance is met under Titles II and III of the ADA. They also help defend companies in lawsuits or demand-letter situations, guiding them through complex legal rules and standards.

    How is an ADA Lawyer Different from Your Current Attorney?

    Your business attorney might be great at handling contracts and company policies, but ADA compliance is a different challenge. Accessibility laws are complex, and digital accessibility cases are increasing. A general business attorney may not have the in-depth knowledge needed to navigate ADA lawsuits, negotiate with the Department of Justice, or ensure your website meets Web Content Accessibility Guidelines (WCAG). Without the right legal expertise, your business could be at risk.

    ADA lawyers specialize in these cases. They understand the law, know what regulators look for, and can create a strong defense if a lawsuit happens. More importantly, they help businesses proactively fix accessibility issues, reducing legal exposure and ensuring compliance. With the right legal strategy, you can protect your business while building a more inclusive digital experience for all users.

    What to Look for When Hiring an ADA Lawyer

    Proven Experience in ADA and Digital Accessibility Cases

    Not all lawyers are well-versed in digital accessibility. Look for an attorney with a strong background in ADA litigation and experience advising businesses on accessibility compliance. Ask about past cases and successful resolutions.

    Deep Knowledge of WCAG and Accessibility Standards

    ADA compliance for websites and digital platforms is tied to WCAG standards. Your attorney should understand these guidelines and how they apply to your business—ensuring you meet legal requirements and avoid accessibility gaps.

    Strong Reputation and Reliable Referrals

    Word of mouth matters. Seek recommendations from other businesses, industry professionals, or accessibility experts. Research case outcomes and client testimonials to find a lawyer with a strong track record.

    A Proactive, Compliance-First Approach

    Some attorneys only step in when a lawsuit is filed. The best ADA lawyers help businesses stay ahead of legal risks by identifying accessibility issues early and working with developers and accessibility consultants to resolve them.

    Clear, Upfront Pricing

    ADA compliance shouldn’t come with hidden fees or surprise legal costs. Choose a lawyer who is transparent about their pricing structure and offers a cost-effective balance between compliance guidance and legal defense.

    Proactive Steps to Avoid Legal Issues

    Rather than waiting for a legal dispute, businesses should take proactive steps to improve accessibility and reduce legal risks:

    1. Understand Web Accessibility Guidelines: WCAG sets standards that make web content more accessible. Familiarize yourself with these guidelines to determine what you need to do. 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.

    Conclusion

    Staying on top of ADA compliance isn’t just about avoiding lawsuits. It’s about making sure everyone can enjoy your digital spaces. While it may seem overwhelming at first, you don’t have to face it alone.

    216digital specializes in web accessibility solutions that meet legal standards while giving all visitors a better user experience. Don’t wait until you get a demand letter—take charge of your website’s accessibility right now.

    Start Your Journey Toward Accessibility Today

    Use the contact form below to schedule a briefing with 216digital. Our team will help you spot risks, make improvements, and ensure ADA compliance in the long run. By acting now, you can stay safe from legal trouble and welcome all users with an inclusive digital experience.

    Greg McNeil

    February 18, 2025
    Legal Compliance
    accessibility laws, ADA Compliance, ADA Lawsuit, ADA Lawyer, Web Accessibility
  • ADA-Compliance Fines: How Much Will You Pay?

    Have you ever tried to use a website that was confusing, cramped, or just plain hard to read? Now imagine how much more frustrating it could be if you were relying on a screen reader or keyboard navigation because of a disability. That’s where ADA-compliance comes in. It’s about making sure everyone—regardless of ability—can enjoy and use your website.

    If your site isn’t ADA-compliant, you could be responsible for major fines. These penalties can reach tens of thousands of dollars and climb even higher for repeat violations. Besides the financial hit, failing to comply can scare away customers, invite negative press, and harm your brand. It’s not a pretty picture.

    Below, you’ll find a guide that combines vital insights about ADA-compliance: what it is, who needs to follow it, how fines are calculated, and how to avoid common slipups. Let’s jump in.

    The Americans with Disabilities Act (ADA)

    The Americans with Disabilities Act (ADA) was signed into law in 1990 to ensure that people with disabilities are treated fairly in various aspects of life. It was originally applied to physical spaces, such as offices, restaurants, and other public venues. However, as online services and websites became central to daily life, courts began to include the digital space under ADA regulations.

    Who Needs to Follow ADA-Compliance?

    If your website or digital tool is offered to the public, you likely need to comply with the ADA. This includes large retailers, small businesses, nonprofits, government sites, and e-commerce stores with no physical location. Courts often view websites and apps as “public accommodations,” meaning they must be as open to everyone online as a physical store or library is in person.

    Even if you do have a storefront, you might be surprised to learn that ADA-compliance still matters. As long as people can visit your digital space, you have a legal duty to make it accessible to those with disabilities.

    ADA Compliance Fines and Penalties

    The ADA has five main sections, or “titles”:

    1. Title I: Employment – Overseen by the Equal Employment Opportunity Commission (EEOC).
    2. Title II: Public Services – Managed by the Department of Justice (DOJ).
    3. Title III: Public Accommodations – Also enforced by the DOJ.
    4. Title IV: Telecommunications – Governed by the Federal Communications Commission (FCC).
    5. Title V: Miscellaneous Provisions – Covers other ADA rules and details.

    Both government agencies and private individuals can bring a lawsuit. If the DOJ believes your violation is especially serious, it might launch an investigation, require you to pay fines, and order you to fix your site. Individuals who face barriers can also sue you for blocking their access.

    Fines for Non-Compliance

    If you’re found guilty of violating ADA-compliance, the penalties can be steep:

    • First-Time Violations: Penalties can range from a few thousand dollars up to $75,000.
    • Repeat Violations: If an organization violates the ADA again, the fines can rise to $150,000 or more.
    • Legal Fees: You may also have to cover legal costs for both your own business and the person who filed the complaint.

    Fines can grow even higher if the problem persists. Business owners sometimes face ongoing penalties until they fix the issues. This can take a heavy toll on smaller companies that do not have large budgets. Apart from financial damage, there is also the risk of negative press. A major lawsuit can harm your brand and push potential customers away.

    Common ADA Violations

    Many people do not realize their websites have barriers for users with disabilities. The following are some of the most frequent problems:

    1. Lack of Alt Text for Images: Screen readers rely on alt text to describe images. Without it, a person with a vision impairment might not know what the image shows.
    2. Videos Without Captions: People who are deaf or hard of hearing need captions to understand the audio. Captions also help users who cannot listen to sound at a given moment.
    3. Poor Color Contrast: Text that blends into the background is difficult to read. High contrast between text and background helps everyone.
    4. Missing Labels on Forms: Online forms should have clear labels for each field. Labels guide screen readers and offer clarity to all users.
    5. Keyboard Navigation Problems: Some users cannot navigate a website with a mouse. They rely on the keyboard instead. If your site has items that cannot be accessed by tabbing or arrow keys, it may cause trouble.

    Lawsuits and Legal Actions

    Government-Initiated ADA Lawsuits

    If the Department of Justice sees your company as a major offender, it might file a lawsuit. This can lead to large fines, mandatory site changes, and ongoing monitoring. Past cases, like H&R Block and Peapod, show the DOJ doesn’t hesitate to step in when businesses ignore ADA-compliance.

    Private ADA Lawsuits

    Users who encounter barriers on your site can also file a suit. In states such as California, the Unruh Civil Rights Act sets a $4,000 penalty for each violation, while in New York, the Human Rights and Civil Rights Acts allow for legal action. These laws often motivate people to bring cases in states where they see better chances of winning.

    Costs Beyond Fines

    • Legal Fees: Defending a lawsuit can rack up thousands in attorney fees.
    • Settlements: Many businesses settle out of court, which still means paying money and fixing the accessibility issues.
    • Reputation Hits: Negative headlines can scare off customers and partners alike.

    Practical Tips to Stay ADA-Compliant

    Knowing what the common problems are is a good start. Here are practical steps to fix them:

    1. Follow WCAG Standards: Aim for at least Level AA of the Web Content Accessibility Guidelines (WCAG) 2.2.
    2. Run Accessibility Audits: 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. Train Your Team: Train your staff, especially those involved in website management and content creation, about the basics of ADA-compliance.
    4. Gather User Feedback: People with disabilities can test your site and point out areas that need work.
    5. Stay Informed and Up-to-Date: Web accessibility standards and best practices can evolve over time. Stay informed about any changes and make updates to your website as necessary to remain compliant.

    Conclusion: Start Your ADA-Compliance Journey Now

    ADA-compliance isn’t just about avoiding fines or lawsuits—it’s about building a more inclusive online world. By making your site accessible, you allow people from all backgrounds and abilities to connect with your brand. This fosters loyalty, trust, and a sense of community among your visitors. Yes, ignoring ADA-compliance can lead to huge fines and serious legal trouble, but it also means losing out on customers who might truly need your services.

    Don’t wait for a lawsuit or a complaint letter before you act. Every day that passes is another chance for your website to be more welcoming and user-friendly. If you’re unsure about where to start or need a partner to guide you, we’re here to help.

    Schedule a briefing with 216digital using the contact form below to talk about your website’s accessibility needs. Our dedicated team will walk you through each step, from identifying problem areas to crafting a clear plan for full ADA-compliance. With the right support, you’ll not only protect your business—you’ll create a digital space that people can appreciate, trust, and enjoy.

    Greg McNeil

    February 17, 2025
    Legal Compliance
    accessibility laws, ADA Compliance, ADA Lawsuits, Web Accessibility
  • How Automated Scans Help (and Fail) Accessibility

    Have you ever clicked on a website and immediately gotten lost because nothing seemed to work the way you expected? Maybe you couldn’t find the right button, or the page layout was all over the place. Now imagine facing those same frustrations but with the added challenge of a visual, auditory, or motor disability. Navigating the web shouldn’t feel like an obstacle course—it should be intuitive and inclusive for everyone.

    If you’re a website owner or business owner in the United States, you might already know that accessibility is becoming more than just a nice-to-have. It’s a key part of good customer service, protects you from legal risks, and, quite simply, it’s the right thing to do. But where do you start?

    One of the first steps many people take is running automated scans.

    These scans promise a quick way to spot accessibility issues on your site. Yet, while they can be extremely helpful, they’re far from perfect. In this article, we’ll explore the ups and downs of automated scans—what they can do, where they fail, and how to blend them into a solid strategy that also includes manual testing and expert help.

    What Are Automated Accessibility Scans?

    Automated scans are software tools that crawl through your website’s code, looking for red flags based on standards like the Web Content Accessibility Guidelines (WCAG)). Think of these tools like the spellcheck in your word processor: they can spot a lot of mistakes, but they can’t always tell you if you’re using the right words in the right context.

    What Do Automated Scans Detect?

    Plenty of free and paid tools exist. Some are browser extensions (like WAVE or Google’s Lighthouse), while others are built-in services that run regular checks on your website. They’re great at picking up on common coding issues such as:

    • Missing or poorly written alternative text on images
    • Low color contrast between text and background
    • Improper heading levels (skipping from an H1 to an H3 without an H2, for example)
    • Misapplied ARIA attributes
    • Certain missing form labels

    If your site has glaring accessibility mistakes, automated scans can flag those quickly. They’ll often give you a handy list of what’s wrong, along with references to WCAG guidelines or best practices on how to fix each issue. That’s a huge benefit if you’re new to accessibility and need a push in the right direction.

    How Automated Scans Can Help You

    Let’s look at some of the biggest advantages of automated scans—and how they fit into your overall web development workflow.

    Speed and Efficiency

    Manual reviews take time, especially for large websites. An automated tool, on the other hand, can process hundreds or even thousands of pages in a shorter timeframe. This is especially handy if you regularly add or change content.

    Spotting the “No-Brainers”

    Many accessibility issues are straightforward coding mistakes—like forgetting to add “alt” text to images. Automated scanners are perfect for picking up on these. They’re quick, consistent, and thorough in locating these common errors.

    Routine Monitoring

    Some automated scan tools offer scheduled checks, which is terrific for ongoing maintenance. You can set them to run weekly or monthly scans and then get alerts if something new pops up, letting you address problems before they spiral.

    Raising Awareness

    For those brand-new to digital accessibility, automated tools can serve as a mini crash course. They highlight rules like ensuring sufficient color contrast or labeling form fields properly, helping you learn accessibility basics as you go.

    Ease of Use

    Many automated scanners come with user-friendly dashboards or plugins. You don’t have to be a coding genius to interpret most of the results. Often, the tool itself provides guidance on how to fix whatever it finds.

    The Real-World Limitations of Automated Scans

    As powerful as they are, automated scans also have notable blind spots (no pun intended). If you rely solely on these tools, you could end up with a site that technically passes certain checks but still feels like a maze for users with disabilities.

    Lack of Context

    A scanner can confirm if there’s alt text on an image, but it can’t determine if that text is accurate or helpful. An automated report might be happy to see you labeled your button as “Button,” but that label doesn’t tell a user what the button actually does.

    Missing Nuances

    Some accessibility aspects aren’t purely code-based; they’re about user experience and clarity. For example, is your site’s language too complicated for people with cognitive disabilities? Or is the layout tricky for those navigating with a screen reader? Automated tools struggle with these questions because they can’t judge user-friendliness the same way a person can.

    False Flags

    It’s common to get false positives (where the tool flags a problem that might not actually be a problem) or false negatives (where the tool fails to spot a genuine issue). This can lead you down the wrong path or lull you into thinking your site is perfectly fine when it’s not.

    Limited Scenarios

    Accessibility is more than code. What happens when someone uses only a keyboard to navigate your site? Or how does your site work for someone who relies on voice commands or a screen reader? Automated scans can’t replicate all these scenarios.

    Overconfidence and the Need for Manual Testing

    Automated tools can create a false sense of security. Just because a scanner says you’re 90% accessible doesn’t mean your site is truly welcoming for all. This is where manual testing comes in.

    Beyond the Scan: Why Manual Testing Still Rules

    Manual testing is where you or a tester interacts with your site in a more human way. Yes, it’s more time-intensive, but it’s also where you’ll uncover issues an automated tool can’t detect.

    Keyboard-Only Navigation

    One of the most fundamental manual tests is trying to tab through your site without using a mouse. If you can’t reach a menu item or submit a form using only the keyboard, that’s a major red flag.

    Screen Reader Assessments

    Automated scans might say you have alt text in all the right places, but only a real screen reader test will tell you if that text makes sense in context. Does it describe important images properly? Does the reading order make sense, or does it jump around the page?

    Real Users, Real Feedback

    Inviting people with various disabilities to use your site can reveal issues you never even knew existed. Maybe certain wording is confusing, or a CAPTCHA system is impossible to complete using assistive technology. Nothing beats firsthand feedback.

    Manual testing fills the gaps that scanners leave behind, ensuring your site isn’t just “passing a test” but actually creating a positive experience. While it can require more resources (time and possibly hiring outside help), the results are worth it.

    Keeping Accessibility an Ongoing Priority

    Accessibility isn’t something you do once and forget about. Think of your website as a living, breathing entity: you add content, tweak layouts, and launch new features over time. Each change could introduce fresh accessibility challenges.

    So, how exactly do automated scans fit into a more complete approach to accessibility?

    Putting It All Together: A Holistic Accessibility Game Plan

    1. Start with an Automated Scan – Run a scan and fix low-hanging fruit, such as missing alt text and color contrast problems.
    2. Add Manual Checks – Navigate your site using only a keyboard and a screen reader. Identify areas that feel confusing or broken.
    3. Get Professional Input – If your site is critical to your business, hire an accessibility specialist for a thorough audit.
    4. Keep It Going – Schedule periodic scans, manual audits, and staff training. Accessibility should be part of your workflow.
    5. Stay Informed – Follow updates to WCAG and relevant U.S. laws, and continue learning from accessibility experts.

    The Best of Both Worlds: Automated and Manual Testing

    Achieving true web accessibility requires more than just running a quick scan—it demands a balanced approach that combines the speed of automation with the insight of manual testing. Automated tools can help identify glaring issues, but only real human interaction can ensure a seamless experience for all users. By integrating both strategies, you’re not just checking a compliance box—you’re creating a more inclusive, user-friendly web presence that benefits everyone.

    Start your journey toward full web accessibility today—reach out to 216digital using the form below! Our team of accessibility experts is ready to assess your site and provide tailored solutions to ensure that all visitors can easily access your content. Don’t let accessibility remain an afterthought—take the first step towards a more inclusive online presence now.

    Greg McNeil

    February 13, 2025
    Testing & Remediation
    Accessibility Audit, Accessibility testing, automated testing, manual audit, Manual Testing, Web Accessibility
  • Creating Accessible Data for Charts and Graphs

    Data drives decisions. A clear and easy-to-understand chart can speak volumes whether you’re showing sales figures, survey results, or scientific findings. However, not everyone interprets visual elements the same way. People with low vision, color blindness, or who rely on screen readers may face serious barriers if your charts aren’t designed with accessibility in mind.

    Beyond inclusivity, legal standards exist like the Americans with Disabilities Act (ADA) and the Web Content Accessibility Guidelines (WCAG). In this post, we’ll explore why accessible data visualizations matter, review common accessibility mistakes, and share practical techniques you can use to ensure that all visitors can understand your charts and graphs.

    Designing for Visual Accessibility

    Color Contrast in Charts and Visualizations

    Color contrast plays a crucial role in readability, especially for users with visual impairments. According to WCAG SC 1.4.3: Contrast (Minimum, the standard text should have a contrast ratio of at least 4.5:1, while large text (18pt or 14pt bold) requires a minimum of 3:1. These guidelines also apply to key chart elements, including labels, axes, and text within visualizations, ensuring that information remains clear and accessible to all users.

    To check your color choices, use tools like WebAIM’s Contrast Checker or Chrome DevTools’ built-in accessibility features. If your text lacks sufficient contrast, consider adjusting to darker text on lighter backgrounds or using bolder, larger fonts. Prioritizing accessible data in your visualizations not only enhances clarity but also improves the user experience for a wider audience.

    Avoiding Color-Only Differentiation

    When a chart relies on color alone to show differences in categories—like red for “loss” and green for “gain”—users with color blindness might not be able to tell them apart. WCAG SC 1.4.1 (Use of Color) emphasizes that color can’t be the only method used to communicate information.

    To fix this, you can:

    • Use patterns or textures in bar charts or pie slices.
    • Add direct labels or annotations next to the data points.
    • Include icons or distinct shapes to differentiate data series.

    Scalability and Zoom Support

    Many people need to zoom in to read small text or fine details. According to WCAG SC 1.4.4(Resize Text), users should be able to zoom up to 200% without losing content or functionality. Test how your charts scale on both desktop and mobile screens. This may involve using scalable vector graphics (SVG) or ensuring your chart library supports responsive resizing.

    Providing Text Alternatives and Descriptive Labeling

    Alt Text for Simple Charts

    For simpler charts—like a basic bar chart comparing two or three items—brief alt text can be enough. This alt text should include the following:

    • The overall trend or purpose of the chart (e.g., “A bar chart comparing monthly sales in January and February…”).
    • Key numbers or comparisons (if they’re crucial to understanding the data).

    Avoid including every detail if it’s not necessary. Alt text is meant to be concise yet informative.

    Breaking Down Complex Data with Text Summaries

    If your chart is more detailed—perhaps showing multiple data series or a longer timeline—alt text alone won’t cover it. In that case, it’s better to provide a text summary that covers the main insights:

    • Describe what the chart is measuring (“Average temperature trends across five cities…”).
    • Highlight any interesting data points or outliers (“City A had a significantly higher temperature in July…”).
    • Provide overall conclusions that help readers understand key takeaways.

    Using ARIA for More Detailed Descriptions

    If a simple alt text or summary doesn’t do your data justice, you can use aria-describedby to link your chart to a more extended description elsewhere on the page. This approach ensures screen reader users have access to more in-depth data without crowding the main alt text.

    When writing these extended descriptions:

    • Keep your text organized with headings or bullet points.
    • Clearly label each section so users know what information they’re accessing.
    • Make sure screen readers can announce the description properly by placing it in a logical spot on the page or using hidden text if necessary.

    Structuring Data Tables for Screen Readers

    Another highly accessible way to present data is through tables. If you can’t convey the full meaning of a chart in alt text, consider adding a well-structured HTML table. Be sure to:

    • Use <th> elements for headers.
    • Include a <caption> that describes the table’s purpose.
    • Provide a summary if the table is complex.

    For example:

    <table>
      <caption>Monthly Sales for Q1</caption>
      <thead>
        <tr>
          <th scope="col">Month</th>
          <th scope="col">Sales ($)</th>
        </tr>
      </thead>
      <tbody>
        <tr>
          <th scope="row">January</th>
          <td>10,000</td>
        </tr>
        <tr>
          <th scope="row">February</th>
          <td>12,000</td>
        </tr>
        <tr>
          <th scope="row">March</th>
          <td>9,500</td>
        </tr>
      </tbody>
    </table>

    Well-coded tables help screen readers identify the rows, columns, and header relationships.

    Making Interactive Charts and Graphs Accessible

    Keyboard Navigation and Focus Management

    If your chart is interactive—allowing filters, tooltips, or zoom functions—it’s crucial that all features are accessible by keyboard alone. This means:

    • Users should be able to tab through each interactive element.
    • The focus order should make sense, moving in a logical sequence.
    • Dropdowns, sliders, or filters must also be operable without a mouse.

    By implementing these best practices, you can guarantee accessible data interactions for all users, including those who rely on keyboard navigation.

    Ensuring Tooltips and Popups are Accessible

    A big challenge is making sure that tooltips triggered by hovering can also be triggered by keyboard actions, like pressing the Enter or Space keys. Also, make sure each tooltip has an accessible name and description so screen readers can announce it properly. WAI-ARIA attributes like role= "tooltip" and aria-hidden= "false" (when the tooltip is visible) can help.

    Using Semantic HTML and ARIA Roles

    Use semantic HTML elements like <svg> for vector graphics where possible. If you’re using <canvas> or more complex libraries, add proper ARIA roles and states so screen readers know how to interpret them. Clear focus indicators are also important so users can see where they are when tabbing through interactive features.

    Choosing Static vs. Interactive Charts

    Interactive charts can be powerful, but they’re not always the best choice for every audience. Sometimes, a well-labeled static chart is more accessible data and easier to understand. If you have users who need data quickly and without extra steps, offering both a static image and an interactive version can meet multiple needs.

    Selecting and Adapting Chart Types for Accessibility

    Accessible Bar Charts

    Bar charts are among the easiest to make accessible, as long as you:

    • Clearly label each bar.
    • Use more than color to differentiate bars—consider patterns or direct labeling.
    • Provide a descriptive axis label so users know what each bar represents.

    Accessible Line Graphs

    Line graphs can be tricky for those with low vision. To improve accessibility:

    • Use different line styles (solid, dashed, dotted) to distinguish multiple data sets.
    • Add shape markers at each data point so color-blind users can still tell them apart.
    • Make sure your axes and legends are clear, with sufficient contrast.

    Accessible Pie Charts

    Pie charts can be confusing when there are too many slices. Limit your chart to a small number of slices and label each piece directly. Also, add patterns or textures if you use color coding. If your data is too complex, think about using a different format, like a table or bar chart.

    Handling Complex Data Visualizations

    If your data is large or contains many variables, consider breaking it down into smaller charts. This approach, called “small multiples,” allows users to compare data across several simpler charts rather than one overwhelming visualization. Include thorough text explanations and summaries to give context and help users understand the bigger picture.

    Advanced Accessibility Techniques for Charts and Data Displays

    Providing Multiple Data Views

    Not everyone can interpret data in the same way, so offering a toggle between a chart view and a table view can be extremely helpful. For example, you could have a button labeled “Show Data as Table” that, when clicked, reveals an accessible HTML table with the same information.

    Supporting Screen Readers with Data Annotations

    For charts that update in real-time—like stock price tickers—add announcements with ARIA live regions if something significant changes. This way, screen reader users will be notified when new data appears, but be careful not to overload them with constant updates.

    Making Dynamic and Real-Time Data Accessible

    Real-time data can be challenging because it often changes so frequently. Focus on essential changes and clearly label them. If you’re running live dashboards or analytics that refresh, allow users to control the refresh rate or pause the updates. This helps users keep track of what’s changed without confusion.

    Testing and Validating Chart Accessibility

    Manual Testing with Assistive Technologies

    Always test your charts using real assistive tools such as:

    • Screen readers like  NVDA, JAWS, or VoiceOver.
    • Keyboard-only navigation for all interactive elements.

    This hands-on testing helps you catch issues that automated checkers might miss, like poor focus order or unannounced chart labels.

    Automated Testing Tools

    Tools like WAVE Accessibility Checker and Lighthouse’s Accessibility Audit in Chrome can highlight potential problems. However, automated tools can only find about 30% of accessibility issues, so don’t rely on them alone.

    User Testing and Real-World Validation

    Finally, the best way to confirm that your data visualizations are truly accessible is to test them with actual users who rely on assistive technology. Gather feedback and be prepared to iterate on your design. Accessibility is an ongoing process that benefits greatly from real-world input.

    Creating Data-Driven Experiences for All Users

    Inclusive data visualizations aren’t just a courtesy—they’re the key to truly understanding and acting on the information that drives our businesses, classrooms, and communities. By deliberately designing charts and graphs that everyone can parse, you’re ensuring your message resonates with the widest possible audience. You’re also upholding the principles of equality, transparency, and innovation that propel the web forward.

    Start your journey toward full web accessibility today—reach out to 216digital using the form below! Our team of accessibility experts is ready to assess your site and provide tailored solutions to ensure that all visitors can easily access your content.Don’t let accessible data remain an afterthought—take the first step toward a more inclusive online presence now.

    Greg McNeil

    February 12, 2025
    How-to Guides
    Accessibility, Accessible Data, How-to, Web Accessibility, web developers, web development, Website Accessibility
  • The Accessibility Lawsuit Trend No One’s Talking About

    In 2025, the world of digital accessibility is more complicated and urgent than ever. Lawsuits over website accessibility are on the rise, and they are changing in ways many businesses haven’t prepared for. In the past, companies would run automated scans and assume they were safe. But a troubling new trend has emerged. Plaintiffs are now basing their legal cases on problems that only show up through manual audits. If your website is relying on automated checks alone, you could be at serious legal risk. This article explains why this shift is happening, how automated scans fall short, and what you can do right now to stay ahead.

    Why Automated Scans Are No Longer Enough

    Over the years, many accessibility lawsuits pointed to errors found by automated tools. These tools check for missing alt text on images, low color contrast, and other basic issues. But today, plaintiffs’ lawyers and accessibility consultants are using manual audits to find deeper barriers. They test how a site really works for someone with a disability. They check if a keyboard-only user can reach all parts of a form, or if a screen reader can make sense of the menu. These tests go beyond surface-level coding problems.

    Now, many businesses find themselves sued even though they passed automated scans. Plaintiffs’ experts show detailed reports from manual audits to prove real-life barriers. Lawyers and judges are giving more weight to these reports, which show that a site may look fine to the naked eye but still fail to support people with disabilities. If businesses don’t adjust, they could face serious legal costs and brand damage.

    The Problem with Automated Scans

    Automated scans still have their place. They’re great for catching low-hanging fruit like missing alt attributes or basic color contrast issues. However, they’re just one piece of the accessibility puzzle. Here are a few examples:

    Contextual Understanding

    Tools can’t interpret how a page flows from one element to another or whether a user’s journey makes sense. For instance, an automated tool might confirm that a button has a label. But it won’t confirm if that label makes sense in context—for example, “Click Here” might be flagged as accessible by an automated tool but provides zero context to screen readers.

    Dynamic Interactive Elements

    If your site has pop-ups, carousels, or complex menus, automated scans might not catch when these elements create focus issues. A user relying on keyboard navigation might get stuck or lose track of where they are on the page.

    Human Navigation Patterns

    Real users might try multiple paths to accomplish tasks, like making a purchase or filling out a form. Automated tools generally test code in a linear fashion, missing real-world usage patterns.

    Advanced ARIA Techniques

    ARIA can help screen readers identify custom elements (like drop-downs, tabs, or modals). However, it must be implemented correctly. An automated tool might only check if ARIA attributes exist, not if they are used correctly.

    Recent Case Examples Where Automated Scans Failed

    Several businesses have learned this lesson the hard way. Although you might read about them in publications like The Wall Street Journal, three notable examples include:

    Kramer Knives

    A small business specializing in handcrafted knives faced a lawsuit from a visually impaired plaintiff. Kramer Knives believed they were compliant because an automated scan showed few errors. However, manual testing uncovered keyboard navigation issues and unclear labels, resulting in legal action.

    Electric Bike Technologies

    This e-commerce business was sued for alleged inaccessibility after a plaintiff discovered barriers during manual testing. The automated scans the company had relied on were insufficient, as they didn’t catch certain interactive elements that weren’t accessible to screen readers.

    Extract Labs

    This CBD and cannabinoid products seller thought their high automated score meant they were safe. However, manual audits found significant barriers—like form fields that weren’t properly labeled and pop-up modals that trapped keyboard focus—leading to a lawsuit.

    In each instance, the businesses thought they were protected. But what they missed—those deeper, functional issues—still made their sites inaccessible to real users and vulnerable in court.

    How This Shift Could Activate a Wave of Accessibility Lawsuits in 2025

    More Lawsuits, More Targets

    Since manual audits reveal issues that automated scans ignore, it’s easier than ever for plaintiffs to build a strong legal case. E-commerce stores, healthcare websites, and travel booking sites are especially vulnerable. Their complex forms and interactive features may pass an automated check but fail real-world testing.

    The Rise of Copycat Lawsuits

    Accessibility lawsuits now follow a pattern. According to recent statistics, 41% of federal court lawsuits in 2024 targeted businesses that had already been sued before. Plaintiffs’ law firms reuse winning strategies again and again. Once they find a successful argument, they apply it to many businesses across different industries. Small businesses without in-house accessibility knowledge become prime targets. They often settle quickly to avoid higher legal costs, which makes them even more attractive to plaintiffs. These copycat lawsuits can destroy a business’s reputation and finances.

    What Website Owners Need to Do Now

    Going Beyond Automated Scans

    It’s clear that if your only strategy is running an automated scan, you’re leaving yourself wide open. You need a multi-layered approach that combines automated scanning with manual audits for a complete look at your site. Manual audits test your website in the same way real users do. 

    Testers try to navigate using only a keyboard, or with a screen reader, or with special settings to assist low vision. This approach catches hidden barriers that an automated check will never see. If possible, individuals with disabilities should be involved in testing. Their feedback is invaluable because it reflects real-world challenges that neither a tool nor a developer might anticipate.

    Creating a Proactive Accessibility Strategy

    If you want to stay off a plaintiff’s radar, or at least have a strong defense if sued, take these steps:

    Conduct a Full Accessibility Audit

    Start with an initial assessment that combines automated tools and manual audits. Identify all major barriers to accessibility on your site.

    Remediate the Issues

    Fix the problems uncovered by your audit. This might involve updating code, redesigning certain elements for better contrast and clarity, or rethinking how your site’s navigation is structured.

    Implement Ongoing Monitoring

    Accessibility isn’t a “set it and forget it” project. Every time you add a new product, page, or feature, you could introduce new barriers. Schedule periodic reviews, both automated and manual or sign up for monitoring services like Accessibility Radar (a11y.Radar).

    Train Your Team

    Developers, designers, content writers—everyone on your team should know the basics of accessibility. Make sure they understand how to write alt text, use headings properly, and maintain keyboard-friendly navigation.

    How 216digital Can Help

    If you’re feeling overwhelmed, you’re not alone. It’s a big task to ensure your website is fully accessible, especially if you’re new to web accessibility. At 216digital, we focus on making accessibility practical and achievable for businesses of all sizes.

    Our experts will test your website the way actual users do. We don’t just point out problems. We help you fix them for the long run. Whether your site needs design tweaks, code adjustments, or content changes, we’ll guide you every step of the way.

    We don’t stop there. Accessibility standards change, and we stay on top of new guidelines. We provide ongoing support to make sure your site remains accessible. By combining automated scans with manual audits, our team delivers a full view of your accessibility status.

    Take Action Today

    Many business owners don’t think about website accessibility until they get served a lawsuit. By then, it may be too late. The better plan is to act now. Start with a thorough assessment and fix any barriers before a plaintiff turns them into a legal case. If you wait, you could face serious penalties, legal fees, and harm to your brand.

    To stay protected, schedule a free accessibility risk assessment with 216digital. Our team will show you how manual audits can spot hidden barriers, and we’ll guide you on how to fix them. Avoid the growing wave of lawsuits by making your site accessible today. After all, equal access is not just a legal issue—it’s the right thing to do for your customers and your business.

    Remember: automated scans are no longer enough. By embracing manual audits, you can protect your business, serve your customers better, and stay on the right side of the law. Don’t wait until you become the next lawsuit headline. Act now and secure your place as a leader in digital accessibility.

    Greg McNeil

    February 5, 2025
    Legal Compliance
    2025, Accessibility, Accessibility Audit, Accessibility testing, ADA Lawsuit, manual audit, Manual Testing, Web Accessibility
  • Why No ARIA Is Better Than Bad ARIA

    It’s tempting to think of ARIA (Accessible Rich Internet Applications) as the one-stop solution for all your accessibility needs. After all, ARIA exists to help developers create web content that works better for people who use assistive technology, like screen readers. But here’s the catch: if you misuse ARIA—or in places where it isn’t needed—you can end up making your site less accessible, not more.

    This post will explain why semantic HTML should always be your go-to approach, when and why ARIA is beneficial, the most common ARIA mistakes, and best practices for getting it right. By the end, you’ll see how “less is more” often applies to ARIA and why sticking to native elements can save you—and your users—a lot of trouble.

    What Is ARIA (and Why Does It Matter)?

    ARIA stands for Web Accessibility Initiative – Accessible Rich Internet Applications. Created by the World Wide Web Consortium (W3C), ARIA provides a set of roles, states, and properties that help assistive technologies (like screen readers) understand the meaning and function of different elements on a webpage. It’s beneficial for complex or dynamic interfaces that native HTML elements don’t fully cover—such as custom sliders or tab interfaces.

    However, the real power of ARIA depends on how it’s used. Applying ARIA roles in the wrong places or mislabeling states can lead to confusion and errors. Users relying on screen readers might hear incorrect information about what’s on the page or even miss out on essential controls. If you’re not cautious, you could do more harm than good.

    Why Semantic HTML Should Be Your First Choice

    Before jumping into ARIA, remember that semantic HTML is the foundation of accessible web design. Native elements, like <header>, <nav>, <button>, and <footer>, come with many built-in features that screen readers and other assistive tools already understand.

    What is Semantic HTML?

    It refers to HTML elements that clearly describe their meaning. For instance, a <nav> element signals that it contains navigation links. A <button> says, “I’m something clickable!” to both users and screen readers.

    Why Does it Matter?

    When you use semantic elements, you’re using markup that browsers and screen readers know how to interpret. This often means you don’t need ARIA at all—because everything is already handled for you.

    Real-world Example

    If you need a button, just use <button> instead of a <div> with role= "button". Screen readers automatically identify a <button> as a button, while a <div> is just a generic container. Adding a role= "button" to that <div> can work, but it’s extra code and is often less reliable than using a <button> in the first place.

    By relying on these built-in elements, your code is simpler and more intuitive. You’re also less likely to cause confusion when you mix ARIA roles with native roles.

    When (and Why) ARIA Is Actually Needed

    So, if semantic HTML is so powerful, why do we have ARIA at all?

    Filling the Gaps

    HTML is great, but it’s not perfect. Some interactive elements—like complex sliders, tab panels, or sortable tables—aren’t natively supported (or are only partially supported) by standard HTML tags. ARIA helps fill in these gaps by providing additional metadata.

    Roles, States, and Properties

    ARIA is split into three main categories: roles (what is this thing?), states (what is its current condition?), and properties (how does it behave?). These allow screen readers to give users a clearer picture of what’s happening on the page.

    Example: Tabs and sliders

    If you’re building a tab interface from scratch, you might rely on a series of <div> elements. You’d need ARIA attributes like role= "tablist", role= "tab“, and role= "tabpanel", plus properties like aria-selected= "true" or aria-hidden= "true" to show which tab is active.

    Ultimately, ARIA becomes crucial when the default HTML elements don’t cover the level of interactivity or complexity you need. That might be a custom widget or a specialized interface that doesn’t map neatly to existing HTML tags.

    The Most Common ARIA Mistakes (and Why They’re a Problem)

    Misusing Roles

    Sometimes, developers add ARIA roles to elements out of habit, without stopping to see if the native element would have worked better. If you set role= "button" on a <div>, you must also manually manage keyboard interactions and focus states. If you don’t, assistive technology users may be unable to click or navigate to this “button” effectively.

    Example

    <!-- Not so good -->
    <div role="button" tabindex="0" onclick="doSomething()">
      Click me
    </div>
    
    <!-- Better -->
    <button onclick="doSomething()">Click me</button>

    Using a <button> means you get keyboard focus, click events, and screen reader recognition by default—no extra ARIA or scripting needed.

    Redundant or Conflicting Roles

    Many elements come with built-in roles. A <nav> element is understood as “navigation,” and a <ul> is understood as a list. If you add role= "navigation" to a <nav>, you’re restating something already known. In some cases, overriding a native role with a custom role can even interfere with how assistive technologies interpret the element.

    Example

    <!-- Not so good -->
    <nav role="navigation">
      <!-- Navigation links here -->
    </nav>
    
    <!-- Better -->
    <nav>
      <!-- Navigation links here -->
    </nav>

    Here, adding role= "navigation" is unnecessary and could create confusion in some tools.

    Incorrect State Management

    ARIA states, like aria-expanded or aria-checked, must accurately reflect the element’s real condition. If your dropdown menu is closed but you have aria-expanded= “true”, a screen reader user will hear that the menu is open—even though it isn’t. This mismatch can be very disorienting.

    Example

    <!-- Not so good: says it's expanded when it's actually closed -->
    <button aria-expanded="true" onclick="toggleMenu()">Menu</button>
    
    <!-- Better: toggle the value dynamically with JavaScript -->
    <button aria-expanded="false" onclick="toggleMenu()">Menu</button>

    Make sure your script updates aria-expanded to reflect the actual state of the menu (true when open, false when closed).

    ARIA Overload

    Adding too many ARIA attributes can clutter the information that screen readers must process. For instance, overusing aria-live regions can cause screen readers to constantly read out changes that might not be important. This can frustrate users and cause them to miss critical content.

    Example

    <!-- Not so good: multiple live regions announcing frequent updates -->
    <div aria-live="polite">Update 1</div>
    <div aria-live="polite">Update 2</div>
    <div aria-live="polite">Update 3</div>
    
    <!-- Better: only announce genuinely important changes -->
    <div aria-live="polite" id="importantUpdates"></div>
    

    If you really need to announce multiple updates, try grouping them or letting users opt-in.

    Misusing aria-hidden

    aria-hidden= "true" tells screen readers to ignore an element. If you add this attribute to interactive content—like a button, form field, or link—you’re effectively locking out users who rely on assistive tech.

    Important: Hiding something visually is not always the same as hiding it from screen readers. Don’t use aria-hidden if the content is still necessary for some users.

    Example

    <!-- Not so good: Interactive element is hidden from screen readers -->
    <button aria-hidden="true" onclick="doSomething()">Buy Now</button>
    
    <!-- Better: If you need to hide it visually for some reason, do so with CSS,
         but keep it accessible to screen readers. -->
    <button class="visually-hidden" onclick="doSomething()">Buy Now</button>

    (“Visually hidden” classes typically hide elements from sighted users but keep them available to assistive tech.)

    Why “No ARIA” is Often the Best Choice

    The golden rule is this: bad ARIA is worse than no ARIA at all. Why? Because at least with no ARIA, the user experience reverts to the default behaviors of native HTML, which assistive technologies are designed to understand. But if you add incorrect ARIA roles or states, you can mislead screen readers entirely.

    In many cases, the standard HTML element does everything you need. By default, a <button> is keyboard-accessible, announces itself as a button, and can have an accessible label. Adding role= "button" to a <div> only means more overhead for you and possibly less clarity for users.

    Best Practices for Using ARIA the Right Way

    Use Native HTML First

    Always check whether you can use a built-in HTML element. This approach is simpler to code, more reliable, and better for accessibility out of the gate.

    Example

    Instead of:

    <div role="button" tabindex="0">Submit</div>

    Use:

    <button>Submit</button>

    No extra attributes, no confusion—just a straightforward button.

    Be Precise with Roles and States

    If you must use ARIA, choose the exact role that matches the purpose of your element. Also, keep an eye on the current state—like aria-expanded, aria-checked, or aria-selected—and update it only when something changes.

    Example

    <button aria-expanded="false" aria-controls="menu" onclick="toggleMenu()">Menu</button>
    <ul id= "menu" hidden>
      <li>Home</li>
      <li>Services</li>
      <li>Contact</li>
    </ul>

    In this example, setting aria-expanded= "false" on the button shows it’s not expanded. When the user clicks, you can switch that to true in your JavaScript.

    Don’t Add ARIA Where It’s Not Needed

    If an element already serves a clear function, adding a role that duplicates it is just noise for screen readers.

    Example

    <!-- Not so good -->
    <ul role="list">
      <li>Item 1</li>
      <li>Item 2</li>
    </ul>
    
    <!-- Better -->
    <ul>
      <li>Item 1</li>
      <li>Item 2</li>
    </ul>

    A <ul> is already recognized as a list by assistive technology.

    Test with Real Assistive Tech

    Tools like automated accessibility checkers are helpful, but they can’t catch everything. The best way to confirm your site’s accessibility is to test it with screen readers (like NVDA, JAWS, or VoiceOver) and try navigating entirely with a keyboard. If you can, get feedback from people who actually use these tools every day—they can point out mistakes or obstacles you might miss otherwise.

    Conclusion

    Using ARIA incorrectly can do more harm than good. In fact, it can make websites less accessible and confusing for users who rely on screen readers. The first step to building an accessible website is to stick with semantic HTML wherever possible. If you need ARIA—especially for complex custom widgets—be sure to use it carefully, accurately reflecting each element’s true roles and states. Then, test your work with real users and assistive technologies to make sure you’re making things better, not worse.

    Following these guidelines helps create a smoother experience for every visitor, including those using assistive technology. Remember: if you can solve your problem with native HTML, do that first. If not, ARIA can be a fantastic tool—just be sure you’re using it correctly.

    Need Help with Web Accessibility?

    Making a website accessible can be tricky, especially when it comes to knowing how and when to use ARIA. 216digital specializes in web accessibility, from ARIA best practices to full WCAG compliance. If you’re ready to take the next step toward a more inclusive web experience, reach out to us today! Let’s work together to ensure your site remains welcoming—and functional—for every user.

    Greg McNeil

    February 4, 2025
    How-to Guides
    Accessibility, ARIA, How-to, WCAG, Web Accessibility, web developers, web development
  • WCAG 2.1 and 2.2 Level AA Compliance Checklist

    Making a website that works well for all visitors is very important. Whether people are using a screen reader, a keyboard instead of a mouse, or just browsing on a small phone, they should be able to enjoy your site without trouble. That’s where guidelines like WCAG 2.1 and WCAG 2.2 come into play. They help you figure out how to design and develop your website to be welcoming to everyone. This post will explore why these standards matter and provide a handy checklist to help you meet Level AA compliance.

    What Are WCAG 2.1 and WCAG 2.2?

    WCAG stands for Web Content Accessibility Guidelines. These guidelines are created by the World Wide Web Consortium (W3C), a group that works to improve the Internet. The goal is to help developers, designers, and website owners make web pages that people of all abilities can use.

    • WCAG 2.1 focuses on areas like mobile accessibility, helping people with low vision, and simplifying things for those with cognitive or learning differences.
    • WCAG 2.2 builds on 2.1, adding more ways to ensure websites are user-friendly across various assistive tools and devices.

    When you aim for Level AA under these guidelines, you cover a wide range of barriers that many people face online. This level is a popular target because it helps most users get a smooth experience while staying realistic in terms of time and cost for website owners.

    Why Accessibility Is Key

    In the United States, many people look for websites they can use easily, even if they have different skills or use different devices. By following WCAG 2.1 and WCAG 2.2, you’re making sure your site can be seen, understood, and operated by everyone who lands on your pages. These guidelines improve the overall usability of your site, which can lead to happier visitors, more return traffic, and a stronger online presence.

    Some people think accessibility features only help those with disabilities, but that isn’t the full story. For example, captions on videos help viewers in noisy places, and clear headings make pages easier to scan for everyone. In other words, these improvements can boost your site’s performance for all visitors, not just a few.

    The Four Principles of WCAG

    Both WCAG 2.1 and WCAG 2.2 focus on four main principles, often known as POUR:

    Perceivable

    People should be able to sense and process the information on your site. This includes making text large enough to read and providing text alternatives for images or audio.

    Operable

    Your site should be easy to interact with. This means visitors can use a keyboard instead of a mouse or stop and pause moving content if they need more time.

    Understandable

    Content should be simple to read and organized in a clear way. Consistent layouts and obvious labels help people find what they’re looking for.

    Robust

    A robust site works well across different devices and assistive technologies. Proper HTML structure and well-labeled elements are examples of ways to keep your site solid and flexible.

    A Checklist for WCAG 2.1 and 2.2 Level AA Compliance

    Below is a practical checklist to guide you. This list is not exhaustive, but it covers many key points to keep in mind when aiming for WCAG 2.2 Level AA.

    1. Perceivable

    1. Text Alternatives for Media
      • Add alt text to images that share important information. This lets screen readers describe images to users who can’t see them.
      • Provide transcripts or captions for audio and video content so people who are deaf or hard of hearing can follow along.
    2. Color Contrast and Text Size
      • Ensure your text stands out against the background. A ratio of at least 4.5:1 is recommended for normal text and 3:1 for larger text.
      • Make sure text can be resized up to 200% without losing functionality or clarity.
    3. Responsive and Flexible Layout
      • Design pages to work well on phones, tablets, and desktop screens.
      • Don’t rely on just color to convey meaning. For example, if you have error messages in red, also include an icon or text label that says “Error.”

    2. Operable

    1. Keyboard Navigation
      • Test your site using only a keyboard. You should be able to reach every link, button, and form field.
      • Make sure there are no “keyboard traps” where you can’t move forward or backward in a form or menu.
    2. Focus Indicators
      • Provide a visible outline or highlight for the element in focus. This helps users see where they are on the page as they tab through it.
    3. Timing and Movement Controls
      • If your site has slideshows, videos, or any moving parts, allow users to pause or stop them. This is especially important for people who need more time to read or interact.
    4. Bypass Blocks
      • Include a “Skip to main content” link so users don’t have to tab through large menus every time.
      • Break your site into clear sections with headings or landmarks.

    3. Understandable

    1. Clear, Simple Language
      • Aim for short sentences and paragraphs. Organize content with headings, bullet points, or numbered lists.
      • Provide definitions or explanations for any unusual terms or abbreviations.
    2. Consistent Navigation
      • Keep your menu and site structure similar across all pages. A consistent layout helps visitors learn and predict where things are.
    3. Helpful Error Messages
      • If a visitor makes an error on a form (like entering an invalid email), explain the problem and how they can fix it.
      • Use clear wording for buttons. For example, instead of “Submit,” try something like “Send Message” if that’s what’s happening.

    4. Robust

    1. Semantic HTML and ARIA
      • Use proper HTML tags like <h1> for main titles and <h2> for subheadings. This helps screen readers and other tools understand your content’s structure.
      • If you have dynamic content like pop-up menus, consider using ARIA (Accessible Rich Internet Applications) labels to clarify these features.
    2. Test with Assistive Tools
      • Try out screen readers like NVDA (Windows) or VoiceOver (Mac) on your site.
      • Check how your site behaves with magnifiers or voice control software.
    3. WCAG 2.2 Highlights
      • Accessible Authentication: Try using a password manager or simpler login methods so you won’t have to memorize codes every time you log in.
      • Target Size: Interactive elements, like buttons and links, should be large enough (at least 24×24 CSS pixels) to tap comfortably. This is especially crucial for mobile devices.
      • Drag-and-Drop Options: If your website uses drag-and-drop features, provide keyboard-friendly ways to do the same task.

    Testing Your Site

    Even if you follow all these guidelines, it’s wise to test your site thoroughly. Here are a few suggestions:

    • Automated Scanners: Tools like WAVE and Lighthouse can point out possible issues and give you quick fixes.
    • Manual Checks: Use your site with a keyboard to see if you can tab through elements correctly. Also, turn off your monitor or close your eyes and see if you can rely solely on a screen reader to navigate.
    • User Feedback: Ask real users to test your site. They can share their experiences and spot issues you might have missed.

    Making Accessibility Part of Your Routine

    Accessibility can feel like a big job at first, but it becomes easier when you build it into your normal process. Start small by fixing one area at a time—maybe improve the color contrast first, then add captions to videos, and so on. As you learn more about WCAG 2.1 and WCAG 2.2, you’ll discover that these changes often benefit everyone who uses your website.

    Regularly updating and testing your site is also a good idea. Technology changes quickly, and new devices and browsers appear all the time. Staying up to date with best practices means your site will remain friendly and easy to use.

    Conclusion

    Following WCAG 2.1 and WCAG 2.2 Level AA guidelines is a great way to make your website more welcoming. This checklist helps you cover the basics—like text alternatives, keyboard navigation, and clear instructions—but it’s just the beginning. As you keep learning and improving, you’ll find more ways to create a site that everyone can navigate and enjoy.

    Whether you’re a small business owner, a blogger, or a large company, making an accessible website helps you connect with more people and makes every visitor feel welcome. Check out these WCAG 2.2 tips and see how they can transform your site into a space everyone can enjoy!

    Greg McNeil

    January 30, 2025
    WCAG Compliance
    Accessibility, WCAG, WCAG 2.1, WCAG 2.2, WCAG Compliance, WCAG conformance, Web Accessibility, Website Accessibility
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