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  • Will the EAA Really Affect U.S. Businesses?

    If you’re a U.S.-based e-commerce entrepreneur, website owner, or digital compliance professional, you’ve probably heard of the European Accessibility Act (EAA). This legislation aims to standardize accessibility requirements across the European Union (EU), impacting everything from e-commerce and banking to transportation. At first glance, it may seem like yet another global regulation lurking on the horizon. But here’s the good news: for most U.S. businesses, the EAA is far less of a legal threat than you might think.

    While there’s been chatter that EAA-related fines could reach American shores, practical realities—like jurisdiction limits and the complexities of cross-border enforcement—mean it’s unlikely to affect you unless you have a substantial European footprint. Still, that doesn’t mean you should shrug off accessibility. Stateside, legal obligations are mounting quickly, and both federal and state-level regulations on web accessibility are gaining traction. In fact, ADA lawsuits connected to digital accessibility are soaring, putting genuine pressure on U.S. businesses to ensure inclusivity.

    In this article, we’ll take a closer look at why the EAA probably won’t keep you up at night if you’re mostly serving U.S. customers. We’ll also explore why your real focus should stay on meeting domestic accessibility requirements—and how investing in accessibility can not only protect you from legal headaches but also help you reach new customers.

    The EAA and Its Scope

    At its core, the EAA is designed to make sure products and services in the EU are accessible to people with disabilities. Think of it as a catch-all that covers a wide range of areas, including:

    • Websites and Mobile Apps: E-commerce sites and other digital platforms should be compatible with assistive technologies like screen readers, offering clear, user-friendly layouts.
    • Financial Services: Online banking platforms must be workable for people with visual, mobility, or other impairments.
    • Transportation Services: Booking and ticketing systems should be built with inclusive design principles in mind.

    Although these rules zero in on European markets, any company that aggressively sells to EU residents might need to comply. The bottom line: if you’re physically located in the EU or do a significant amount of business there, you’re on the EAA’s radar. But if you’re a small U.S. boutique that only very occasionally ships overseas, the likelihood of direct EAA enforcement is pretty slim.

    Application to U.S. Businesses

    Let’s say you’re a U.S.-based e-commerce owner who sells mostly to Americans. The odds are that you won’t need to stress about the EAA in a strict sense. If 95% of your customers are stateside, EU regulators won’t have much reason to come knocking. On the other hand, if you’ve set up localized sites for different European countries, handle EU shipping logistics, or run targeted campaigns in Europe, then yes, the EAA becomes more relevant.

    In short, the EAA matters most to companies that are genuinely active in Europe. If that’s not you, you can breathe a little easier—but remember that web accessibility is still a big deal in the U.S.

    The Limited Reach of EAA Enforcement in the U.S.

    Cross-Border E-Commerce Engagement

    One of the main reasons the EAA might not impact smaller American businesses is the nature of cross-border e-commerce itself. While online selling is global in principle, a lot of U.S. companies still cater primarily to domestic buyers. In fact, about 25% of North American e-commerce is cross-border; that leaves 75% as local, and a stronger domestic focus typically means lower risk of EU regulatory scrutiny.

    If you’re not set up for international shipping or don’t localize your site for EU customers, you’re even less likely to get attention from European authorities. An occasional European sale here or there usually won’t land you under the EAA umbrella.

    Challenges in International Enforcement

    The EU can’t just wave a wand to enforce its laws on businesses located in other countries; it needs legal jurisdiction and international cooperation. Historically, European regulators tend to target bigger players—those with a notable EU presence and significant resources—rather than chasing smaller American businesses that ship an item or two overseas.

    Potential Business Responses

    Some companies respond to foreign regulations like the General Data Protection Regulation (GDPR) by blocking traffic from EU regions altogether. While that certainly sidesteps EAA compliance, it also shuts the door on potential European customers. Another approach is adopting accessibility best practices proactively. Even if you never hear from EU regulators, making your site inclusive can keep you safe from domestic lawsuits and win you new fans at home and abroad.

    Why EAA Compliance May Not Be a Top Priority for U.S. Regulators

    GDPR Enforcement as a Precedent

    When the GDPR went live in 2018, a lot of U.S. businesses scrambled to post cookie consent banners or even block European visitors. Over time, though, we saw that heavy fines usually targeted giants like Meta and Google—companies that clearly operate in the EU. Most smaller U.S. entities, especially those without a European presence, didn’t face the same scrutiny.

    The EAA will follow a similar pattern. Regulators will focus first on the big fish: major corporations that do a lot of business in Europe. If you’re not among them, your risk goes down considerably.

    Focus on EU-Based Entities

    Enforcement agencies work most effectively with entities physically or legally based in the EU. If you’re a mid-size American seller without any EU office or significant European operations, you’re unlikely to draw regulator attention. This doesn’t mean zero risk—it just means the probability is low compared to the very real possibility of an ADA lawsuit in the U.S.

    The Real Risk: U.S. Web Accessibility Laws & State-Level Legislation

    ADA and Web Accessibility Lawsuits

    While the EAA might sound intimidating, the Americans with Disabilities Act (ADA) is the real concern for many U.S. businesses. In 2023 alone, over 4,600 ADA-related web accessibility lawsuits were filed in the U.S., most notably in states such as New York, Florida, and California. 

    These lawsuits often ask questions like:

    • Is your website easily navigable with a screen reader?
    • Do you have captions for your videos?
    • Can users complete a purchase using only a keyboard?

    Lacking these features can land you in hot water, resulting in demand letters, lawsuits, and potentially hefty legal costs. Even if you avoid a lawsuit, states like California and New York are increasingly pushing for stricter rules around digital accessibility. If you have customers in these states, you can’t afford to ignore these developments.

    The Imperative of Web Accessibility

    Accessibility is more than a legal shield—it’s also good business. Almost one in four adults in the U.S. lives with some form of disability, which means making your website inclusive can significantly broaden your audience. On top of that, accessible sites often provide a smoother overall user experience and align well with search engine optimization (SEO) best practices.

    Focus on What Really Matters for U.S. Businesses

    The EAA is critical for businesses with a genuine stake in EU markets, but if your customer base is mostly American, the EAA probably won’t become your biggest legal headache anytime soon. EU regulators usually set their sights on larger players with a visible European footprint, so a small U.S. business with minimal European sales isn’t high on their list.

    Prioritizing Domestic Compliance

    Instead of stressing over the EAA, channel your energy into meeting domestic accessibility standards. ADA lawsuits and state-level rules in the U.S. are ramping up, and that’s where your real vulnerability lies. By aligning with ADA guidelines and the Web Content Accessibility Guidelines (WCAG), you minimize the risk of legal trouble here at home.

    Benefits of Accessibility

    Beyond reducing legal risks, accessibility has plenty of other perks:

    • Better User Experience: A clean, inclusive layout helps everyone.
    • Bigger Audience: You’ll welcome people with disabilities, which is a sizable market segment.
    • Stronger Brand Reputation: Consumers appreciate businesses that take inclusivity seriously.
    • SEO Boost: Search engines favor structured, easy-to-navigate websites.

    Protect Your Business Where It Counts Most

    It’s easy to feel overwhelmed by headlines about the EAA and worry that European regulators might suddenly target American businesses. However, realistically, their enforcement focus is primarily on companies with strong ties to the EU. If you’re mostly selling to an American audience, the European Accessibility Act shouldn’t keep you up at night.

    Instead, put your energy where it matters most—your website’s domestic accessibility. ADA compliance is not just about avoiding lawsuits; it’s an opportunity to connect with a broader audience and build a more inclusive, trustworthy brand.

    If you’re unsure where to start or want to ensure your business is fully protected and accessible, reach out to our team at 216digital. Our experts will help you identify your accessibility gaps, guide you through compliance, and ensure your site delivers an inclusive experience for everyone.

    Don’t wait until accessibility becomes an emergency—contact 216digital today and get ahead of the curve.

    Greg McNeil

    March 12, 2025
    Legal Compliance
    Accessibility, accessibility laws, EAA, European Accessibility Act, Legal compliance, Web Accessibility, Website Accessibility
  • Captions or Subtitles: What’s the Difference?

    You’ve probably used them without a second thought—watching a movie in another language, scrolling social media with the sound off, or trying to follow dialogue in a noisy room. But have you ever noticed that sometimes the text includes sound effects and speaker names, while other times it’s just the spoken words?

    It’s easy to assume captions and subtitles are the same, but they serve different purposes. If you’ve ever struggled to keep up with fast dialogue or wished for more context in a quiet scene, you’ve already experienced the difference—maybe without even realizing it.

    So, what really sets them apart, and why does it matter? Let’s break it down.

    What Are Captions?

    Captions do more than just show dialogue—they make videos accessible for people who are deaf or hard of hearing. They include spoken words and crucial audio cues such as background noises, tone changes, and speaker identifications.

    Additionally, captions help content creators comply with important accessibility guidelines like the Web Content Accessibility Guidelines (WCAG), the Americans with Disabilities Act (ADA), and Section 508.

    Types of Captions

    Closed Captions (CC) give viewers control to switch captions on or off and even adjust their appearance. Think YouTube, Netflix, or Zoom.

    Open Captions stay visible all the time. They’re perfect for social media videos, events, or public places where you can’t rely on viewers to activate captions themselves.

    What Are Subtitles?

    Subtitles primarily translate spoken words into another language for viewers who can hear but might not understand what’s being said. Unlike captions, subtitles typically skip audio cues and speaker names. They’re great for international movies or videos aimed at a global audience.

    Subtitles vs. Captions: Key Differences

    FeaturesCaptionsSubtitles
    PurposeAccessibility for Deaf/ Hard-of-hearingLanguage Translation
    Includes Sound Effects?YesNo
    Speaker Identification?YesNo
    Non-verbal Audio Cues?YesNo
    Assumes Viewer Can Hear?NoYes

    Why Are Captions Important for Web Accessibility?

    Captions create truly inclusive content accessible to everyone. Beyond meeting legal requirements, captions help businesses avoid compliance risks and potential lawsuits.

    But captions have benefits beyond compliance—they boost SEO by enabling search engines to index your video content effectively. They enhance viewer engagement, especially in quiet or noisy environments, and help non-native speakers follow along more easily, improving comprehension and retention.

    Open vs. Closed Captions: Which Should You Use?

    Choosing between open and closed captions depends on your content and audience.

    Open Captions are excellent for social media, live events, and public displays, where activating captions isn’t practical. They ensure every viewer can immediately access your message without additional steps.

    Closed Captions are ideal for platforms like YouTube or Netflix, where viewers prefer customizing their caption viewing experience. They’re also essential for educational videos, multilingual content, or professional presentations, where accuracy and personalization enhance viewer experience.

    How to Add Captions to Your Digital Content

    Adding captions can be straightforward, whether you choose manual or automated methods.

    Manual captioning involves creating captions yourself or with professional tools like Adobe Premiere Pro or YouTube Studio. This ensures accuracy and is highly recommended for educational and professional content.

    Automatic captioning services like YouTube auto-captions or platforms such as Rev.com provide quick results but may vary in accuracy. Always review and correct auto-generated captions to maintain quality and compliance.

    Understanding caption file formats is also beneficial. Popular formats include SRT (.srt), widely compatible across platforms like YouTube and Vimeo, and VTT (.vtt), ideal for web-based videos with additional formatting options.

    How to Add Captions

    • Create or auto-generate captions.
    • Review and edit carefully for accuracy.
    • Export the appropriate caption file.
    • Upload the caption file to your video platform

    Best Practices for Creating Accessible Captions

    • Prioritize Accuracy: Always proofread and edit captions.
    • Ensure Readability: Choose clear fonts and ensure strong contrast.
    • Be Concise and Clear: Keep captions brief but sufficient to communicate context.
    • Clearly Identify Speakers: Use identifiers like [John]: to clarify speakers.
    • Strategically Place Captions: Position captions without blocking essential visuals, typically at the bottom of the screen.

    Captions & Subtitles: Enhancing Your Content

    Captions and subtitles aren’t merely text overlays—they enhance viewer experiences, improve accessibility, and expand your content’s reach. By captioning thoughtfully, you’re making your videos richer and more inclusive.

    Looking to improve accessibility on your website? At 216digital, we’re ready to help. Reach out via our contact form below and schedule an ADA briefing. Let’s explore how we can elevate your digital presence and engagement together.

    Greg McNeil

    March 10, 2025
    WCAG Compliance
    Accessibility, captions, Closed caption, subtitles, videos and audio content, WCAG, WCAG Compliance, Web Accessibility
  • Title II Compliance Amid Political Uncertainty

    The political landscape around disability rights can shift quickly. Yet, for state and local governments, the legal requirements under the Americans with Disabilities Act (ADA) do not vanish. Title II of the ADA makes sure people with disabilities have equal access to government programs and services. Even when leaders talk about changing rules, the obligation to comply with Title II remains.

    A recent court case, Ellerbee v. State of Louisiana, shows how serious these rules are. This case has become a wake-up call for many. It sends a clear message: do not wait to make your digital services accessible, or you might face a lawsuit.

    ADA Title II Compliance: What Hasn’t Changed

    Under Title II, state and local governments must provide equal access to public services. This includes websites, online forms, and mobile apps. The ADA has always covered digital content, even though earlier laws did not spell it out as clearly as modern rules do. Some governments may be waiting for new regulations to make changes. But that is risky because Title II has long required equal access online.

    Recent regulations point to the Web Content Accessibility Guidelines (WCAG) as the standard. But just because these rules are more precise now does not mean the core obligation is new. Governments that do not meet these accessibility standards can still face legal action from private citizens or advocacy groups. Federal or local policy shifts do not take away the chance of a lawsuit.

    Ellerbee v. State of Louisiana: A Court-Ordered Reality Check

    In January 2025, a judge ruled that the State of Louisiana must make its websites accessible right away. The plaintiff, Beau Ellerbee, is blind. He sued Louisiana because he could not use its government websites. Louisiana claimed it did not have to follow accessibility standards yet because new federal deadlines were not in effect. However, the judge disagreed. The court said the ADA’s rules already exist and cannot be brushed aside.

    This ruling is important. It reminds all governments that waiting for future deadlines is dangerous. The court made it clear that Title II compliance is an immediate duty, not an optional one. If a website is not accessible, people can sue and win—right now. Governments should note this and avoid ignoring their responsibilities.

    Political Uncertainty and Compliance: What We Know and Don’t Know

    Many leaders wonder if changing political priorities will affect Title II compliance. Some worry that the rule could be canceled. While it is possible, changing a major rule is hard. It takes a long time to undo a regulation, so it will not happen overnight.

    Federal enforcement efforts can shift. Some administrations may push more or fewer investigations into accessibility. However, lawsuits from individuals and groups will not just stop. They can still file legal cases when they face barriers. Relying on reduced enforcement is risky. The question is: should you wait? The answer is no. Even if federal agencies slow down, private lawsuits will keep coming. Governments must stay prepared.

    Upcoming Deadlines for Digital Accessibility

    Here are the upcoming deadlines for digital accessibility:

    • Large municipalities (population more than 50,000) and public universities: April 2026
    • Smaller municipalities (population under 50,000) and special districts: April 2027

    Essential Steps for Title II Compliance

    But as we have learned, these deadlines do not mean you can wait until the last minute. Being proactive is essential. Governments should take the following steps now:

    1. Conduct Accessibility Audits: Check your websites, mobile apps, and PDFs to find barriers. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
    2. Prioritize High-Impact Services: Focus first on key areas like emergency services, tax portals, and public benefits. These are used most often.
    3. Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about web accessibility. 
    4. Monitor and Maintain Compliance: Accessibility is ongoing. After fixing issues, keep testing, new accessibility issues will arise over time.
    5. Document Efforts: Keep records of your audits, training sessions, and updates. This shows good faith in meeting Title II requirements.

    Legal Precedents Are Changing—Is Your Business Ready?

    Although the recent uproar in Louisiana focused on Title II, there is a growing concern that courts could apply the same level of scrutiny to Title III, which governs private businesses. When judges see states being held responsible for inaccessibility under Title II, it is not a stretch to imagine them enforcing strict guidelines for private companies under Title III of the ADA.

    Private online businesses that have not yet addressed accessibility may be at risk. Website accessibility lawsuits against private companies are on the rise. For instance, in 2017, federal lawsuits related to inaccessible websites and apps stood at around 814. By 2024, that number had soared to more than 4,000. If the tide can turn so quickly for state and local governments, private businesses should assume that Title III enforcement could intensify just as fast.

    The Path Forward Amid Uncertainty

    Political changes may create doubt, but the duty to follow Title II remains. The Ellerbee v. State of Louisiana ruling shows that waiting for future deadlines can lead to immediate lawsuits. If you manage a government website or any public-facing digital service, now is the best time to address accessibility needs.

    The same principle applies to private businesses. If you have questions about making your online presence meet ADA guidelines, consider scheduling an ADA briefing with 216digital. Our team of accessibility experts can develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms so you can focus on what matters — your business.

    Greg McNeil

    March 4, 2025
    Legal Compliance
    Accessibility, ADA, ADA Compliance, ADA Title II, Title II, Web Accessibility
  • 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
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