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  • Understanding the Limitations for Unruh Act

    Understanding the Limitations for Unruh Act

    The Unruh Civil Rights Act (Unruh Act) is a critical piece of California legislation that ensures everyone is entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Initially passed in 1959, it is a cornerstone of California’s commitment to prohibiting discrimination based on sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation.

    With the increasing number of online transactions and the expansion of e-commerce, there has been a notable rise in Unruh Act claims related to web accessibility, making it more important than ever for businesses to understand their legal obligations.

    Expansion to Online Businesses

    While the act initially focused on physical spaces like hotels, restaurants, and stores, its application has expanded to cover online businesses. Many online businesses, particularly those that have recently moved into the digital space, may not fully realize that their websites and apps are considered ‘places of public accommodation’ under the Unruh Act. This oversight can lead to unintentional violations and subsequent legal action.

    Common Scenarios for Unruh Act Claims

    Businesses that fail to comply with the Unruh Act can face serious legal consequences. The act allows individuals who have experienced discrimination to file lawsuits against offending businesses. In recent years, one of the most prominent areas of litigation under the Unruh Act has been web accessibility. Here’s a closer look at a landmark case:

    Robles v. Domino’s Pizza

    One of the most notable cases involving the Unruh Act is Robles v. Domino’s Pizza. In this case, Guillermo Robles, a blind man, sued Domino’s Pizza, claiming that the company’s website and mobile app were inaccessible to visually impaired users who rely on screen readers. Robles argued that this lack of accessibility violated both the Americans with Disabilities Act (ADA) and the Unruh Act.

    The case eventually made its way to the Ninth Circuit Court of Appeals, which ruled in favor of Robles. The court affirmed that websites and mobile apps are considered places of public accommodation under both the ADA and the Unruh Act.

    The Robles case has set a significant precedent, leading to increased scrutiny of businesses’ digital accessibility efforts. Since this ruling, numerous lawsuits have been filed against companies that fail to provide accessible online services, highlighting the importance of proactive compliance.

    Statute of Limitations for Unruh Act Claims

    In legal terms, the statute of limitations is a set period during which a person must file a lawsuit or claim after an event occurs. It helps protect both sides: the person bringing the case (plaintiff) and the person being sued (defendant). This time limit ensures that cases are addressed in a reasonable amount of time and prevents legal actions from dragging on forever.

    Timeframes for Filing Claims

    In California, the timeframe for filing a claim under the Unruh Act depends on how the claim is handled.

    • Through the California Civil Rights Department (CRD): If a plaintiff wants to file a claim through the CRD, they must do so within one year from the date of the alleged discrimination.
    • Privately: If the claim is filed privately, not through the CRD, the timeframe extends to two years from the date of the discriminatory act.

    Consequences of Missing the Deadline

    Missing the statute of limitations for an Unruh Act claim can have significant consequences. For plaintiffs, it means the loss of the opportunity to seek compensation for the harm they have suffered. This could include financial damages and the chance to force a business to change its discriminatory practices.

    Missing the deadline does not absolve businesses of the underlying issue. While they may avoid a particular lawsuit, the continued failure to comply with the Unruh Act leaves them vulnerable to future claims. Moreover, the reputational damage associated with non-compliance can negatively impact customer trust and loyalty.

    It’s also worth noting that businesses that repeatedly fail to comply with the Unruh Act may become targets for serial litigants—individuals who seek out violations specifically to file lawsuits. This can result in multiple lawsuits, leading to substantial legal fees, settlements, and other costs.

    Protecting Your Online Business

    Given the complexities and potential risks associated with the Unruh Act, online businesses must take proactive steps to ensure compliance. This is where partnering with a knowledgeable and experienced firm like 216digital can make a significant difference.

    216digital’s Accessibility Services

    At 216digital, we specialize in web accessibility and compliance services designed to protect businesses from the legal risks associated with the Unruh Act and other similar regulations. Our comprehensive approach includes:

    • Accessibility Audits: We conduct thorough accessibility audits of your website or app to identify potential issues that could lead to Unruh Act claims. Our audits cover both automated and manual testing methods to ensure that all aspects of accessibility are addressed.
    • Remediation Services: Once issues are identified, we provide expert remediation services to bring your digital properties into compliance. This includes making necessary code changes, optimizing for assistive technologies, and ensuring all content is accessible.
    • 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.
    • Consulting and Training: We offer consulting services to help your team understand the requirements of the Unruh Act and other accessibility laws. Additionally, we provide training to ensure your team maintains compliance as you update and expand your digital presence.

    By partnering with 216digital, you can protect your business from the risks of Unruh Act claims and demonstrate your commitment to inclusivity and accessibility, which can enhance your brand reputation and customer loyalty.

    Wrapping Up

    The Unruh Civil Rights Act is a powerful tool for protecting the rights of individuals in California, and its application to online businesses underscores the importance of web accessibility. Understanding the limitations of the Unruh Act, including the statute of limitations for filing claims, is essential for both individuals seeking to enforce their rights and businesses aiming to avoid legal pitfalls.

    For businesses, the best defense against Unruh Act claims is a proactive approach to web accessibility. By working with an expert partner like 216digital, you can ensure that your online presence fully complies with the law, protecting your business from legal risks while enhancing the user experience for all visitors.

    Greg McNeil

    August 26, 2024
    Legal Compliance
    digital accessibility, Unruh Act, Unruh Civil Rights Act, Web Accessibility, Website Accessibility
  • Digital Accessibility: Efficiency & ROI Tips

    Digital Accessibility: Efficiency & ROI Tips

    When you think about digital accessibility, what comes to mind? For many website owners and content creators, it might feel like another box to check or a task that’s too complicated to tackle without a big team and a bigger budget. But here’s the thing: making your website accessible doesn’t have to be overwhelming, and it certainly doesn’t have to break the bank. In fact, when done right, digital accessibility can offer a significant return on investment (ROI) while helping you do more with less.

    Why Efficiency Matters in Digital Accessibility

    Let’s start with why efficiency is so crucial. The digital landscape is ever-evolving, and keeping up with accessibility standards can feel like trying to hit a moving target. But efficiency isn’t just about working faster; it’s about working smarter. When approaching accessibility efficiently, you streamline your processes, prioritize what matters most, and maximize your resources.

    Here’s why efficiency should be at the heart of your accessibility strategy:

    1. Save Time and Resources: Time is money, and when you work efficiently, you save both. By focusing on high-impact areas first and using the right tools, you can make meaningful progress without wasting time on tasks that offer little value.
    2. Ensure Ongoing Web Compliance: Digital accessibility isn’t a one-time fix; it’s an ongoing commitment. An efficient approach helps you maintain compliance with laws like the Americans with Disabilities Act (ADA) and stay ahead of any changes in regulations.
    3. Enhance User Experience: Accessibility isn’t just about checking off boxes; it’s about creating a better experience for all users. When your website is accessible, it’s easier to navigate, more user-friendly, and ultimately, more engaging.

    How to Accomplish More with Less in Digital Accessibility

    So, how can your team achieve efficiency in digital accessibility? It starts with a strategic approach that leverages the right tools and focuses on what really matters. Here are some tips to help you do more with less:

    1. Prioritize the Big Wins: Not all accessibility issues are created equal. Focus on fixing the most critical problems first—those that affect the largest number of users or that are legally required. By prioritizing these big wins, you can make a significant impact quickly.
    2. Automate Where Possible: Automation is your friend when it comes to digital accessibility. Use automated tools to handle repetitive tasks like scanning your website for common accessibility issues. This frees up your team to focus on more complex tasks that require human judgment and creativity.
    3. Standardize and Reuse Components: If your website uses consistent design patterns or templates, make sure these are accessible from the start. By creating standardized, reusable components that are already accessible, you reduce the need for rework and ensure new content is compliant from the get-go.
    4. Keep Your Team Educated: Accessibility is a team effort. Make sure everyone involved in your website—from designers to developers to content creators—understands the basics of digital accessibility. This way, accessibility becomes part of your team’s workflow, not an afterthought.
    5. Monitor and Adapt: Accessibility isn’t static. Regularly monitor your website to ensure it remains compliant and accessible. Stay updated on changes in accessibility standards and be ready to adapt your approach as needed.

    Accelerate Accessibility with an Expert Partner

    Even with the best strategies in place, tackling digital accessibility on your own can still be a challenge. That’s where an expert partner like 216digital comes in. By working with a team that specializes in web accessibility, you can accelerate your efforts, achieve better results, and ensure long-term success.

    Here’s how an expert partner can help:

    1. Tailored Solutions: Every website is different, and a one-size-fits-all approach to accessibility won’t cut it. 216digital offers customized solutions that address your specific needs, ensuring you’re focusing your efforts where they’ll have the most impact.
    2. Experience and Expertise: Accessibility experts bring a wealth of knowledge and experience to the table. They can help you navigate the complexities of web compliance, from understanding the latest guidelines to implementing the most effective strategies.
    3. Ongoing Support and Monitoring: Accessibility isn’t something you can set and forget. With ongoing support from an expert partner, you can stay on top of accessibility issues and ensure your website remains accessible over time. 216digital’s services, like their a11y.Radar monitoring service, offer continuous oversight, helping you maintain accessibility and avoid legal pitfalls.
    4. Risk Mitigation: Proactively addressing accessibility issues reduces the risk of facing costly lawsuits. By partnering with experts who understand the legal landscape, you can protect your business while creating a more inclusive online presence.

    The ROI of Digital Accessibility

    So, what’s the return on investment for all this effort? The truth is that the benefits of digital accessibility go far beyond just avoiding legal trouble. Here’s how investing in accessibility can pay off:

    1. Reach a Broader Audience: Making your website accessible means opening it up to everyone, including people with disabilities. This expands your potential audience, leading to more traffic, engagement, and conversions.
    2. Enhance Your Brand Reputation: Companies that prioritize accessibility are seen as more inclusive and socially responsible. This not only enhances your brand’s reputation but also builds trust with your audience, leading to increased loyalty and customer retention.
    3. Improve SEO: Accessible websites are often better optimized for search engines. By making your site easier to navigate and more user-friendly, you can improve your search rankings and attract more visitors.
    4. Reduce Costs: Addressing accessibility issues early on—or even better, from the start—saves you money in the long run. You avoid the need for costly retrofits and minimize the risk of legal fees from potential lawsuits.
    5. Future-Proof Your Website: As technology evolves, so do accessibility standards. By investing in accessibility now, you’re future-proofing your website, ensuring it remains relevant and compliant as new technologies and regulations emerge.

    Boost Your RIO with 216digital

    Digital accessibility isn’t just a legal requirement; it’s a smart business move with a substantial return on investment. By focusing on efficiency, leveraging the right tools, and partnering with experts like 216digital, you can make your website accessible to all users while maximizing your resources and boosting your bottom line.

    Don’t wait until you’re facing a lawsuit or losing customers to start thinking about accessibility. Take a proactive approach now and set up a briefing with 216digital to ensure your website is fully compliant and optimized for all users.  Scheduling an ADA briefing today and start reaping the benefits of a more inclusive, user-friendly website. Your users—and your ROI—will thank you.

    Greg McNeil

    August 23, 2024
    The Benefits of Web Accessibility
    Benefits of Web Accessibility, digital accessibility, ROI, Web Accessibility, Website Accessibility

  • Top 9 Web Accessibility Issues and Fixes

    Imagine trying to explore a website but not being able to get the information you need because the site wasn’t made with you in mind. For many people with disabilities, this is a frustrating reality.

    Web accessibility isn’t just a technical requirement—it’s about making sure everyone can use your website. Whether you’re a developer, IT director, or content manager, making your website accessible is essential. By fixing common accessibility problems, you not only meet legal standards but also make your site better for everyone.

    Let’s dive into the top 10 web accessibility issues and how to fix them.

    1. Missing Alt Text for Images

    Alt text, or alternative text, is a brief description added to images on a website. It helps people who can’t see the images understand what they are about, as the alt text is read aloud by screen readers or displayed if the image doesn’t load. When alt text is missing, people with visual impairments miss out on important information, making the website less accessible. This can lead to frustration for users and might even cause legal issues, as websites are expected to be accessible to everyone.

    According to WCAG 2.1 SC 1.1.1 (Non-text Content), all non-text content, like images, needs a text alternative that serves the same purpose or provides the same information.

    How to Fix:

    • Add Descriptive Alt Text: For each image, write meaningful alt text that clearly describes what it’s showing or its purpose. For example, instead of just saying “Image of a dog,” say “Golden Retriever playing in a park.”
    • Use Empty Alt Attributes for Decorative Images: If an image is just decorative, use an empty alt attribute (alt=””). This way, screen readers skip over these images, making navigation easier for users.
    • Review and Update Regularly: Regularly check your alt text to make sure it’s still relevant, especially if you update the images or content on your site.

    For more information about Alt text for images, check out our article Understanding Image Alt Text Descriptions.

    2. Web Accessible Forms

    Forms that are not web accessible can be a big problem for people with disabilities. When forms are not designed with web accessibility in mind, they may be hard to understand or use with assistive technologies like screen readers. For example, if a form doesn’t have clear labels or instructions, someone using a screen reader might not know what information to put in the fields. This can make it difficult or even impossible for them to complete the form.

    WCAG 2.1 SC 1.3.1 (Info and Relationships)requires that the information and relationships between form elements be clear and properly coded so that assistive technologies can read and interpret them correctly.

    How to Fix:

    • Label Form Elements Clearly: Use the <label> tag to connect labels with each form field. This helps screen readers explain each field’s purpose. For example, use <label for=”email”>Email Address</label> with <input type=”email” id=”email”>.
    • Provide Accessible Error Messages: Make sure error messages are clear and easy to understand. Use ARIA attributes like aria-live to alert users to errors and make sure screen readers can easily read the messages.
    • Include Clear Instructions: Give clear instructions for filling out the form, especially for fields with specific requirements like date format or password criteria.

    3. Poor Color Contrast

    Low color contrast between text and background can make content hard to read, especially for users with visual impairments or color blindness. For example, light gray text on a white background is hard for many users to see.

    WCAG SC 1.4.3 (Contrast – Minimum) requires a contrast ratio of at least 4.5:1 for normal text and 3:1 for large text to meet web accessibility standards.

    How to Fix Color Contrast:

    • Check Contrast Ratios: Use online tools like WebAIM’s Contrast Checker to make sure the color contrast between text and background meets accessibility guidelines. Aim for a contrast ratio of at least 4.5:1 for normal text and 3:1 for large text.

    4. Missing Keyboard Navigation

    Web keyboard navigation is a way for people to use a website just by pressing keys on their keyboard, instead of using a mouse. This is important for people who can’t use a mouse, like those with certain disabilities.

    When a website doesn’t support keyboard navigation, it means that users who rely on keyboards might not be able to access all parts of the site. This is a problem because it makes the website more challenging to use for people with disabilities.

    According to WCAG SC 2.1.1 Keyboard, websites need to be fully navigable using just a keyboard. This means that all buttons, links, and forms should be reachable and usable without a mouse. If a site doesn’t meet this standard, it can exclude many users and make it less accessible.

    How to Fix:

    • Enable Keyboard Navigation: Ensure that all interactive elements, such as links, buttons, and menus, can be accessed using only a keyboard. This includes allowing users to tab through items and activate them using the Enter or Space keys.
    • Implement Proper Tab Order: Use the tabindex attribute to manage the order in which elements receive focus when tabbing. Avoid skipping focusable elements or creating confusing navigation paths.
    • Use Focus Management: When interactive elements like modal dialogs or dropdown menus open, move the focus to the first interactive element within the component, and return it to the triggering element when the component closes.

    5. Video and Audio Captions

    Videos and audio content that lack captions or transcripts are inaccessible to users who are deaf or hard of hearing. Without captions or transcripts, these users miss out on the audio information provided in multimedia content.

    WCAG SC 1.2.2 Captions (Pre-recorded) mandates that videos and audio content include captions to assist users who are deaf or hard of hearing. Without captions, these users may miss crucial information, making it more challenging for them to grasp or engage with the content fully.

    How to Fix:

    • Provide Captions: Make sure your videos include captions that match what people say. Start with tools like YouTube’s automatic captions, but edit them manually to ensure accuracy.
    • Create Transcripts: Give users transcripts for your audio content. A transcript is a written version of what’s said in a video or audio file, including important sounds. Users can read these transcripts or use them with text-to-speech tools.
    • Make Captions and Transcripts Available: Allow users to turn captions on or off and offer transcripts for download. This gives people the choice to use captions or read the text in a way that works best for them.

    6. Missing Skip Links

    Web accessible skip links are special links on a website that let people quickly jump past repetitive content, like navigation menus, to get to the main part of the page. This is especially helpful for people using screen readers or keyboard navigation.

    If a website is missing these skip links, it can make it much harder for users to navigate, which goes against WCAG SC 2.4.1 Bypass Blocks.” This helps users quickly get to the content they need, reducing the effort required to access important content.

    How to Fix Skip Links:

    • Add Skip Navigation Links: Place “skip to content” links at the top of your web pages. These links should be one of the first elements in the tab order, allowing users to bypass repetitive navigation and go directly to the main content.
    • Make Skip Links Visible: Ensure that skip navigation links are visible when focused. Use CSS to make them visually prominent when selected by a keyboard, so users know where they are skipping to.

    7. Unclear Headings and Structure

    Poorly structured headings can make it difficult for users with screen readers to understand the organization of the content. For example, if headings are not used correctly or if they are missing, users may struggle to comprehend the hierarchy and flow of the information.

    WCAG SC 1.3.1 Info and Relationships requires that content structure and relationships be programmatically determined or available in text. Proper use of headings and a clear content structure ensure that users can navigate and understand the content more easily.

    How to Fix:

    • Use Proper Heading Tags: Implement <h1>, <h2>, <h3>, etc., in a logical order to reflect the content’s structure. The <h1> tag should represent the main title, with subsequent headings breaking down the content into logical sections.
    • Ensure Headings Are Descriptive: Headings should clearly describe the content that follows, helping users understand what each section covers. For example, instead of a generic heading like “Details,” use “Product Specifications.”
    • Maintain a Consistent Structure: Consistently apply heading tags across your website to create a predictable and accessible content structure, making it easier for users to navigate.

    8. Inconsistent Link Text

    Links with vague or repetitive text like “click here” or “read more” can be confusing for screen reader users as they lack context about the link’s destination or purpose. For example, if several links are labeled “read more,” users may not know which topic they are referring to.

    WCAG SC 2.4.4 Link Purpose (In Context) requires that the purpose of each link be clear from the link text alone or from the surrounding context. This helps users understand where a link will take them and ensures that all users can navigate effectively.

    How to Fix:

    • Use Descriptive Link Text: Ensure that the link text clearly indicates what the link will do or where it will take the user. For instance, instead of saying “click here,” use “Download our accessibility guide.”
    • Avoid Repetition: Ensure that each link’s text is unique, especially if links are close to each other. This helps users distinguish between different links and understand their destinations.
    • Provide Context in Surrounding Text: If necessary, add context around the link text to clarify its purpose. However, the link text itself should still be sufficiently descriptive on its own.

    9. No Focus Indicators

    Web accessible focus indicators are visual cues that show which part of a website a user is currently interacting with, like when using a keyboard or a screen reader.

    According to WCAG SC 2.4.7 Focus Visible, “Focus Visible,” these indicators are crucial for making websites easy to navigate. Without them, users might struggle to see where they are on the page, which can make the site hard to use, especially for people with disabilities. Proper focus indicators help everyone use a website more effectively and inclusively.

    How to Fix Focus Indicators:

    • Ensure Visible Focus: Use CSS to create clear, visible focus indicators for all interactive elements. For example, you can use outline: 2px solid #000; to ad a solid black outline when an element is focused.
    • Customize Focus Styles: Enhance default focus styles to make them more visible, especially if the default outline blends into the background. Consider using a contrasting color or a thicker border.

    How to Test for Web Accessibility Issues

    Testing for web accessibility can be done using a combination of manual checks and automated tools. Let’s take a look at a quick guide:

    1. Manual Testing: Use a keyboard to navigate your site and check all interactive elements. Utilize screen readers to ensure that content is read out correctly and that forms, buttons, and links are accessible.
    2. Automated Tools: Use tools like WAVE, Axe, or Lighthouse to perform automated accessibility audits. These tools can quickly identify many common issues, but manual testing is still essential for thorough accessibility checks.
    3. User Testing: If possible, involve users with disabilities in your testing process. They can provide valuable feedback on real-world accessibility issues that automated tools might miss.

    Building a Path to Web Accessibility

    Making sure your website is accessible goes beyond just checking off boxes—it’s about creating a welcoming space where everyone can connect with your content. By tackling common accessibility issues, you not only improve how people experience your site but also protect your organization from potential legal problems and open up new audience opportunities.

    If you want to learn more about improving your website’s accessibility initiative, schedule a complimentary ADA strategy briefing with the experts at 216digital. We make web accessibility simple and achievable, helping you develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms.

    Don’t let your website fall behind on accessibility. Let’s work together to make sure everyone can fully experience your site.

    Greg McNeil

    August 22, 2024
    How-to Guides
    Accessibility, ADA Compliance, digital accessibility, Web Accessibility, web development, Website Accessibility
  • Why Small Businesses Face More ADA Web Lawsuits

    Why Small Businesses Face More ADA Web Lawsuits

    In the bustling world of small business, every penny counts. So, it’s no wonder that when an unexpected expense pops up, it can feel like a huge blow. One such cost that’s been increasingly affecting small businesses lately is the rise in web ADA lawsuits. These lawsuits, centered around web accessibility, are not just a concern for big corporations but have also become a significant issue for mom and pop shops. Let’s dive into why small businesses are particularly vulnerable to these lawsuits, how ADA website compliance has become a recent battleground, and what you can do to ensure your site is up to snuff.

    Understanding Web Accessibility and ADA Lawsuits

    Before we get into why small businesses are targeted, let’s start with the basics. The Americans with Disabilities Act (ADA) is a law designed to ensure that people with disabilities have equal access to all aspects of public life, including the digital world. Web accessibility falls under this mandate, meaning that websites need to be usable by people with various disabilities, such as vision impairments, hearing loss, or mobility issues.

    In recent years, ADA lawsuits focusing on web accessibility have surged.  In 2023 alone, plaintiffs filed 4,605 federal and state-filed ADA-related digital lawsuits across the United States. This trend shows no sign of slowing down, with organizations of all sizes—small businesses to Fortune 500 companies—finding themselves in litigation.

    The idea is that if your website isn’t accessible to everyone, including those with disabilities, you could be breaking the law. This has led to a spike in legal actions, with plaintiffs’ lawyers targeting businesses they believe are not compliant with ADA standards.

    Why Are Small Businesses Targeted by Plaintiffs’ Lawyers?

    You might wonder why small businesses, especially those run by hardworking mom and pop owners, seem to be hit harder by these lawsuits than larger companies. Here are a few reasons why small businesses are often in the crosshairs:

    1. Limited Resources: Small businesses often operate with tight budgets and limited staff. This means they might not have the resources to keep up with all the legal and technical requirements for web accessibility. Large corporations, on the other hand, typically have dedicated teams and budgets for compliance and legal matters.
    2. Less Robust Defense: When a lawsuit is filed, it often involves extensive legal fees and time-consuming processes. Small businesses might find it harder to mount a strong defense against these lawsuits compared to larger companies that have in-house legal teams or access to experienced attorneys.
    3. Higher Visibility: Many small businesses have websites that might not be as well maintained or as accessible as those of larger businesses. This makes them more noticeable targets for plaintiffs’ lawyers who are on the lookout for non-compliant sites.
    4. Insurance Coverage: Small businesses might not have insurance that covers ADA-related lawsuits, or their coverage might not be comprehensive enough to handle the costs. Larger businesses are more likely to have insurance policies that include legal protections for such issues.

    ADA Website Compliance: The Latest Tactic Used by Plaintiff’s Lawyers

    As the internet has become a crucial part of doing business, ADA website compliance has emerged as a new tactic for plaintiffs’ lawyers. Here’s why this is happening:

    1. Increased Focus on Digital Accessibility: With the rise of online shopping and digital services, accessibility issues have become more visible. Plaintiffs’ lawyers have noticed this trend and are using it as a new avenue to pursue claims.
    2. Ambiguity in the Law: The ADA was enacted in 1990, long before the internet became a staple of daily life. As a result, there is some ambiguity about what constitutes compliance for websites. This lack of clear guidelines means that plaintiffs’ lawyers can argue their cases based on their interpretations of the law.
    3. Settlement Potential: For many businesses, settling out of court is less costly than fighting a lawsuit. Plaintiffs’ lawyers know this and may target small businesses that are more likely to settle quickly rather than face lengthy legal battles.
    4. Rising Awareness: As more people become aware of web accessibility issues, there is an increased chance of someone noticing and reporting non-compliant websites. This rising awareness has led to more lawsuits being filed.

    How to Make Sure Your Small Business Website is ADA-Compliant

    Now that we’ve covered why small businesses are often targeted and how ADA website compliance has become a popular legal battleground, let’s talk about what you can do to ensure your website is up to standard.

    1. Understand Web Accessibility Guidelines: The Web Content Accessibility Guidelines (WCAG) are a set of standards designed to make web content more accessible. Familiarize yourself with these guidelines to understand what needs to be done. They cover aspects like text readability, alternative text for images, and keyboard navigation.
    2. Conduct a Website Audit: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
    3. Incorporate Accessibility Features: Make sure your website includes features that assist users with disabilities. This can include adding captions to videos, ensuring that your site is navigable by keyboard, and using descriptive link text.
    4. Test with Real Users: If possible, get feedback from real users who have disabilities. Their experiences can provide valuable insights into areas where your website might need improvement.
    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.
    6. Seek Professional Help: If you’re unsure where to start or need assistance, consider consulting with an accessibility expert or web developer who specializes in ADA, like 216digital. We can guide you through the process and help ensure that your website meets all necessary standards.
    7. 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.

    Protect Your Small Business With 216digital

    ADA website compliance is crucial for small businesses, with significant implications that shouldn’t be overlooked. Plaintiffs’ lawyers often target mom-and-pop shops, making it essential to take proactive steps to ensure your website meets accessibility standards. By staying informed, conducting regular audits, and integrating accessibility features, you not only safeguard your business against costly lawsuits but also create a more inclusive experience for all your customers.

    To ensure your website is fully compliant and accessible, consider scheduling an ADA briefing with 216digital. Our team can guide you through the complexities of web accessibility, helping you create a welcoming online space for everyone while protecting your business from potential legal risks. Don’t wait until it’s too late—reach out to us today to secure your website’s future.

    Greg McNeil

    August 21, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Small Business, Web Accessibility, Website Accessibility
  • User Testing: A Crucial Step Towards Web Accessibility

    User Testing: A Crucial Step Towards Web Accessibility

    When you think about your website, what comes to mind? Maybe it’s the design, the layout, or the content. But how often do you think about how accessible your website is to everyone, including people with disabilities? Web accessibility is not just a nice-to-have; it’s a must-have. This is where user testing comes into play. Let’s dive into what website user testing is, how it benefits web accessibility, and why it should be an essential part of your web development process.

    What is Website User Testing?

    Website user testing is like putting your website under a microscope to see how well it performs for real users. It involves having actual people—who could be potential users of your site—interact with your website to see how easy it is to navigate, how intuitive the design is, and how well it meets their needs. But it’s not just about looking good or being easy to use; it’s also about making sure everyone can access and use your site, no matter their abilities.

    Think of it this way: You wouldn’t launch a product without testing it first, right? The same goes for your website. User testing helps you catch any issues or barriers that might prevent users from having a smooth and enjoyable experience on your site. It’s vital for web accessibility because it ensures that your website is usable for people with disabilities, which is crucial for web compliance.

    How is User Testing Beneficial for Web Accessibility?

    Now that we know what user testing is let’s talk about how it benefits web accessibility. Web accessibility is all about making sure that people with disabilities can use your website just as easily as anyone else. This includes people who are blind or have low vision, those who are deaf or hard of hearing, people with mobility impairments, and others.

    Identifying Accessibility Barriers

    One of the biggest benefits of user testing for web accessibility is that it helps you identify barriers that might prevent people with disabilities from using your site. For example, during testing, you might discover that your website’s navigation is difficult to use with a screen reader, or that your color scheme doesn’t provide enough contrast for people with low vision. These are things that might not be obvious if you’re not using assistive technologies yourself, but they can make a huge difference for someone who is.

    Improving User Experience for All

    Another benefit of user testing for web accessibility is that it can actually improve the user experience for everyone, not just people with disabilities. For example, adding alt text to images is crucial for people who use screen readers, but it’s also helpful for users who have slow internet connections and can’t load images. Similarly, making sure your site is keyboard navigable isn’t just important for people with mobility impairments—it can also make your site easier to use for anyone who prefers keyboard shortcuts.

    Ensuring Legal Compliance

    In the United States, web accessibility isn’t just a best practice—it’s also a legal requirement under the Americans with Disabilities Act (ADA). Failing to make your website accessible can lead to legal challenges and fines. By incorporating user testing into your web development process, you can ensure that your site meets the necessary accessibility standards and is compliant with the law.

    Accommodating a Range of Assistive Technologies

    When we talk about web accessibility, it’s important to remember that people with disabilities use a variety of assistive technologies to navigate the web. These technologies include screen readers, voice recognition software, alternative input devices, and more. To ensure your website is accessible to everyone, you need to make sure it works well with these tools.

    Screen Readers

    Screen readers are software programs that read the text on a screen out loud, allowing people who are blind or have low vision to access content. During user testing, it’s important to check that your website is compatible with popular screen readers like JAWS or NVDA. This includes making sure that all images have descriptive alt text, that form fields are properly labeled, and that the site is navigable using keyboard commands.

    Voice Recognition Software

    Voice recognition software allows people to control their computer and enter text using their voice. This can be especially helpful for people with mobility impairments. To accommodate these users, your website should have clear and simple navigation that can be easily controlled by voice commands. During testing, make sure to check that your site’s forms and menus can be accessed using voice commands.

    Alternative Input Devices

    Some people use alternative input devices, such as switch systems or eye-tracking technology, to navigate the web. These devices allow users to control their computers in non-traditional ways, such as by pressing a switch or moving their eyes. To make your site accessible to these users, it’s important to ensure that all interactive elements, such as buttons and links, are easy to access and operate.

    Accommodating these and other assistive technologies is a crucial part of web accessibility, and user testing is the best way to make sure your site is up to the task.

    What is the User Testing Process?

    So, how do you actually go about user testing your website for accessibility? Here’s a simple, step-by-step process that you can follow:

    Planning

    Start by defining your goals for the user testing process. What do you want to learn? Are you testing a new feature, or are you trying to identify accessibility barriers? Decide which users you want to include in the testing process. It’s important to include people with a variety of disabilities, as well as people who use different assistive technologies.

    Recruiting Testers

    Once you’ve defined your goals, it’s time to recruit testers. Look for people who represent your target audience, including people with disabilities. You can reach out to organizations that work with people with disabilities, or you can use online platforms that connect you with testers.

    Conducting the Tests

    During the testing process, have your testers complete specific tasks on your website. For example, you might ask them to navigate to a particular page, fill out a form, or find specific information. Make sure to observe how they interact with your site and ask for feedback on their experience. It’s also important to test your site with a variety of devices and browsers, as accessibility issues can vary depending on the platform.

    Analyzing the Results

    After the tests are complete, analyze the results to identify any accessibility barriers or usability issues. Look for patterns in the feedback and prioritize the issues that are most critical to address.

    Making Improvements

    Based on the results of the testing, make the necessary improvements to your website. This might include adding alt text to images, adjusting the color contrast, or making your forms more accessible. Once you’ve made these changes, it’s a good idea to conduct another round of testing to make sure the issues have been resolved.

    Ongoing Testing

    Web accessibility is not a one-time effort—it’s an ongoing process. As you add new features or content to your site, continue to conduct user testing to ensure that your site remains accessible to everyone.

    Best Practices for Web Accessibility Testing

    To get the most out of your user testing efforts, here are some best practices to keep in mind:

    1. Include Diverse Testers: The more diverse your group of testers, the more comprehensive your accessibility testing will be. This includes people with a variety of disabilities and those who use different assistive technologies.
    2. Test Early and Often: Don’t wait until your website is finished to start testing. Incorporate user testing throughout the development process to catch accessibility issues early.
    3. Use Realistic Scenarios: When conducting user tests, create realistic scenarios that your users might encounter on your site. This will give you a better sense of how your site performs in real-world situations.
    4. Document Everything: Keep detailed notes on the testing process, including the issues that were identified and the changes that were made. This will help you track your progress and ensure that accessibility remains a priority.
    5. Stay Up-to-Date: Web accessibility standards and technologies are constantly evolving. Stay informed about the latest developments and update your testing process accordingly.

    Conclusion

    User testing is a critical part of creating a website that is accessible to everyone. By incorporating accessibility testing into your web development process, you can ensure that your site meets the needs of all users, including those with disabilities. Not only does this improve the user experience, but it also helps you stay compliant with legal requirements and build a more inclusive online presence.

    Remember, web accessibility is an ongoing journey, not a one-time task. Make it a priority to continuously apply best practices and conduct regular user testing. For personalized guidance on achieving web accessibility compliance, schedule a complimentary ADA strategy briefing with 216digital today. Let’s ensure your website is welcoming and usable for everyone.

    Greg McNeil

    August 19, 2024
    Testing & Remediation
    Accessibility testing, digital accessibility, user testing, Web Accessibility, Website Accessibility
  • 5 Best Practices for Maintaining Web Accessibility

    5 Best Practices for Maintaining Web Accessibility

    You’ve dedicated a lot of time and money to ensure your website is accessible to users with disabilities. But web accessibility is not just a one-time task; it’s an ongoing commitment. Once your website or app is built or remediated, how do you keep it accessible? Maintenance.

    Maintenance is one of the most important pieces of the puzzle, yet it is often overlooked. By maintaining compliance with WCAG 2.1 (Web Content Accessibility Guidelines), you not only uphold inclusivity but also safeguard your site against potential legal risks.

    Here, we explore five best practices for maintaining web accessibility to prevent pitfalls that may cause your site to drift into non-compliance.

    Why Maintain Your Website’s Web Accessibility?

    Change is a constant in online business. Websites are dynamic, with frequent updates to content, design, and functionality. Unfortunately, each change can impact accessibility. For instance, adding a new video without captions or an image without alt text can create barriers for users with disabilities. Even small changes can create new barriers, putting you in legal hot water.

    Legal Compliance

    ADA compliance is not just about being inclusive; it’s also about staying on the right side of the law. The ADA requires that websites be accessible to people with disabilities. Failing to meet these standards can lead to costly lawsuits. With the rise of copycat lawsuits targeting businesses for ADA violations, staying compliant is more important than ever. In 2023 alone, more than 700 lawsuits—25% of all web accessibility cases—were filed against companies previously sued for ADA violations.

    So, we often hear the same question from our clients: How do we stay compliant?

    1. Conduct Manual Testing and User Testing

    Manual audits are crucial for maintaining ADA compliance. These audits involve a comprehensive review of your website to identify and address any accessibility issues. While automated tools can detect clear-cut technical issues, they miss out on nuances only a trained professional can spot. Accessibility experts will navigate your site, examining each element to make sure it meets WCAG 2.1 AA.

    It’s a meticulous process that requires experts to use a variety of browsers and assistive technologies, such as screen readers or voice recognition software, to diagnose subtle accessibility barriers.

    In every report that we conduct at 216digital, we include the steps needed to recreate non-compliant issues, including:

    1. A Detailed List of Issues: Specific WCAG criteria were violated, their location on your website, screenshots and code snippets for clarity, and their severity.
    2. Recommendations for Remediation: Practical solutions to remediate issues, the urgency of fixing them, and a link to exact WCAG guidelines.
    3. Compliance Level: How compliant your website is with established accessibility standards.

    Learn more about the importance of manual audits in our article, ‘​​What is Manual Testing and Remediation?’

    User Testing with Individuals with Disabilities

    In addition to technical audits, user testing with individuals with disabilities provides invaluable insights. These users can identify real-world accessibility barriers that automated tools might miss. Regular user testing ensures that your website is usable by everyone and helps you stay connected with your audience’s needs.

    2. Automate Testing Whenever Possible

    Automation can be a lifesaver when it comes to maintaining web accessibility. These tools can scan your website for common issues like missing alt text, low-contrast text, and improper heading structures—allowing your team to address them promptly.

    Tips for automating testing:

    • Choose the Right Tools: Several popular automated testing tools, such as WAVE, Axe, and Lighthouse, are available. These tools provide detailed reports on accessibility issues and offer suggestions for remediation.
    • Continuous Integration (CI) Pipelines: Integrate accessibility checks into your CI pipelines. Every time the code is pushed, it’s automatically checked for accessibility issues. This proactive approach ensures that problems are caught and fixed before they reach your users. It also empowers developers to verify their work regularly.

    216digital’s a11y.Radar Monitoring Service

    If you’re looking for a more hands-off approach, consider using a monitoring service like 216digital’s a11y.Radar. Through our work in the trenches of the ADA web remediation space, we were able to reverse-engineer the process in which many of the prolific ADA non-compliance lawsuit firms identify their targets. We realized that the vast majority of cases are filed solely based on the results of automated scanning tools. That’s why we developed Accessibility Radar—to help you stay clear of their legal actions without constant oversight.

    How Does a11y.Radar ADA Monitoring Work? 

    a11y.Radar monitors your ongoing efforts to improve accessibility, whether done by your digital team or an outside agency. You’ll get detailed reports and updates on content, code, and user experience issues that could hinder users or threaten your accessibility standards. Plus, our easy-to-use interface lets your team see current issues and manage fixes efficiently.

    a11y.Radar includes:

    • Site-wide Accessibility Audit
    • Detailed Issues Reports
    • Archived Issues Over Time
    • Automated Email Risk Assessment
    • Current Web Compliance Status

    3. Screen Reader Validation

    The best way to make sure people with disabilities can use your website is to test it with assistive technology tools like screen readers. This is similar to how you check your site on both desktop and mobile devices. Screen reader testing can cover many different situations. With some training, your QA team can handle these tests, or you could hire a third-party vendor to help. Every time you make a big update or add new content, it’s important to check the changes with a screen reader.

    How to Conduct Screen Reader Testing

    Screen readers like JAWS, NVDA, and VoiceOver are available. Testing your site with these tools can help you identify and fix issues that automated testing might not catch. For instance, ensure that all interactive elements are accessible via keyboard and that descriptive text is provided for links and buttons. When issues are identified, work with your development team to address them promptly. This ensures that your website remains accessible with each update.

    How to Do It:

    • Pre-Release Testing: Include screen reader testing as part of your pre-release checklist for major updates.
    • Feedback Loop: Gather feedback from screen reader users and address any issues promptly.
    • Documentation: Keep thorough documentation of screen reader test results and the steps taken to resolve any issues.

    4. Provide Ongoing Training and Education

    Maintaining web accessibility is a team effort. Training your team on accessibility best practices ensures everyone involved in your website’s development and maintenance is aware of their responsibilities. This includes designers, developers, content creators, and project managers.

    Ongoing Education

    Accessibility training should be an ongoing process. Regular workshops, webinars, and courses can help keep your team updated on the latest WCAG guidelines and technologies. There are many online resources available, such as the W3C’s Web Accessibility Initiative, which offers tutorials and guidelines on various aspects of web accessibility.

    5. Integrate Accessibility into Your Workflow

    Accessibility isn’t just a one-time project—it should become a part of how your company operates every day. While senior leaders and management bear the ultimate responsibility for making sure your website or app is accessible, everyone in the organization plays a role in achieving and maintaining it.

    Accessibility must be seen as a priority that guides every decision. When everyone understands and embraces this goal, reaching it becomes much easier.

    Here’s how you can make it happen:

    Making Accessibility a Core Value

    Accessibility needs to be a core value of your organization to maintain ADA compliance effectively. This means integrating accessibility into every aspect of your web development process. From the initial design phase to content creation and coding, consider how each decision will affect users with disabilities.

    Support from Leadership

    Make sure your company’s leaders fully understand the importance of accessibility and are committed to maintaining it. Their support is crucial for driving organizational change and allocating necessary resources.

    Team Collaboration

    Encourage different departments—like marketing, design, development, and customer service—to work together. Each team member should understand how they contribute to accessibility and why their role matters.

    Stay Web Accessible with 216digital

    Just one update to your website is enough to make it inaccessible. After months or years of hard work and money spent on accessibility, shouldn’t you put in the last-mile effort to make sure it stays that way?

    Remember, accessibility is not a destination but a journey. Stay proactive, stay informed, and keep making your website a welcoming place for everyone.

    216digital is happy to be an ongoing resource. While your project with us may be complete, we are still an ongoing reference and partner to help you with future projects.

    Greg McNeil

    August 16, 2024
    Web Accessibility Monitoring
    Accessibility monitoring, digital accessibility, Maintaining Web Accessibility, Web Accessibility, web accessibility monitoring, Website Accessibility
  • How Accessibility Is a Business Advantage

    How Accessibility Is a Business Advantage

    In today’s digital world, accessibility isn’t just about doing the right thing; it’s about gaining a competitive edge. Embracing web accessibility can open doors to new customers, boost your search engine rankings, and protect your business from potential legal risks. More than that, it enhances the overall user experience, which translates to customer loyalty and retention. Let’s explore how making your website accessible benefits your business and why you should prioritize it today.

    Accessibility Drives Customer Experience and Retention

    At the heart of any successful business is a strong customer experience. When you prioritize accessibility, you ensure that every visitor, regardless of their abilities, can navigate and interact with your site. Imagine a potential customer with a visual impairment trying to read your content. If your website isn’t designed with accessibility in mind, you might lose that customer before they even get to know your products or services.

    By making your website accessible, you send a message that you care about all your customers. This commitment builds trust, a key ingredient in customer loyalty. When people know they can rely on your site to meet their needs, they’ll keep coming back. And repeat customers are more likely to recommend your business to others, creating a positive cycle of growth and retention.

    Mitigating Legal and Reputational Risks

    The legal landscape around digital accessibility is changing rapidly. In the United States, businesses are increasingly being held accountable for failing to make their websites accessible. Lawsuits related to the Americans with Disabilities Act (ADA) are on the rise, and the costs can be significant—not just in terms of fines but also in damage to your reputation.

    By proactively addressing accessibility issues, you can avoid these legal headaches. More importantly, you’ll be seen as a leader in your industry, committed to inclusivity and fairness. This can boost your brand’s reputation and set you apart from competitors who may still be lagging in this area.

    216digital’s web remediation services are designed to help businesses like yours stay ahead of the curve. We can help you identify potential risks and address them before they become legal liabilities, ensuring that your website is welcoming to all users.

    Enhancing User Experience and Engagement

    Good design is accessible design. When you make your website accessible, you’re not just helping people with disabilities; you’re improving the user experience for everyone. For instance, clear and easy-to-read fonts, intuitive navigation, and fast load times benefit all users, regardless of their abilities.

    When visitors have a smooth and enjoyable experience on your site, they’re more likely to engage with your content, stay longer, and make purchases. Accessibility features like keyboard navigation, text-to-speech options, and video captions can make your content more engaging and accessible to a broader audience.

    At 216digital, we focus on enhancing user experience through our comprehensive web remediation services. Our phased approach ensures that your website is not only accessible but also optimized for engagement and performance, creating a seamless experience for all users.

    Expanding Your Customer Base

    Did you know that over 61 million adults in the United States live with a disability? That’s 26% of the population that could be your customers—if your website is accessible. By making your site more inclusive, you can tap into this often-overlooked market.

    But it’s not just about people with disabilities. Accessible websites are easier for everyone to use, including older adults, people with temporary injuries, and even those with slow internet connections. In other words, accessibility broadens your reach, allowing you to connect with a more diverse audience.

    Expanding your customer base means more potential sales, and that’s a win for any business.

    Cost Savings

    You might think that making your website accessible is an expensive undertaking. However, consider the long-term savings. Investing in accessibility upfront can save you from costly lawsuits, as we mentioned earlier, but it can also reduce future development costs.

    By incorporating accessibility into your website from the beginning, you avoid the need for expensive redesigns or retrofits later on. Plus, accessible websites are often more streamlined and efficient, which can reduce hosting and maintenance costs.

    Our team at 216digital is skilled at integrating accessibility into your website in a cost-effective way. Our approach ensures that you get the most value for your investment, with no unnecessary expenses.

    Improved Search Engine Ranking

    Accessibility and search engine optimization (SEO) go hand in hand. Search engines like Google prioritize websites that are easy to navigate, with clear headings, alternative text for images, and fast load times—all key components of an accessible website.

    When your website is accessible, it’s more likely to rank higher in search engine results. This means more visibility, more traffic, and more potential customers finding your business online.

    For more information on SEO and web accessibility, check out our article “Web Accessibility and Search Engine Optimization: a Powerful Combination.”

    Brand Reputation

    In today’s socially conscious world, consumers are paying attention to how businesses treat their customers. Companies that prioritize accessibility are seen as forward-thinking, inclusive, and caring. This positive perception can enhance your brand reputation and attract loyal customers who appreciate your commitment to inclusivity.

    When your brand is associated with positive values like accessibility, you’re more likely to stand out in a crowded market. People want to support businesses that align with their values, and accessibility is increasingly becoming a priority for many consumers.

    Future-Proofing Your Business

    The digital world is constantly evolving, and accessibility is no exception. What’s considered accessible today might not meet the standards of tomorrow. By making accessibility a priority now, you’re future-proofing your business against changes in technology and regulations.

    Being proactive about accessibility means you’re prepared for whatever comes next. Whether it’s new laws, emerging technologies, or shifts in consumer expectations, having a solid foundation in accessibility ensures that your business can adapt and thrive.

    216digital’s web remediation services are designed to help you stay ahead of the curve. Our ongoing support and a11y.Radar monitoring services ensure that your website remains compliant and accessible as standards evolve, giving you peace of mind and a competitive edge.

    Wrapping Up

    Accessibility isn’t just a buzzword; it’s a business advantage. From driving customer experience and retention to mitigating legal risks, enhancing user engagement, and improving your search engine rankings, accessibility offers countless benefits. It’s an investment that pays off in the form of a more inclusive, engaging, and successful website.

    At 216digital, we’re here to help you unlock the full potential of web accessibility. Our comprehensive web remediation services ensure that your website is optimized for performance and engagement. Don’t miss out on the opportunity to make accessibility your business’s secret weapon.

    Whether you’re just starting your accessibility journey or looking to enhance your current efforts, 216digital has the expertise and tools to help you succeed. Let’s make your website a place where everyone feels welcome.

    Find out where you stand by scheduling a complementary ADA Strategy Briefing today.

    Greg McNeil

    August 15, 2024
    The Benefits of Web Accessibility
    Accessibility, ADA Compliance, ADA Website Compliance, digital accessibility, SEO, Web Accessibility, Website Accessibility
  • Creating Accessible Web Forms

    Creating Accessible Web Forms

    In today’s digital world, ensuring your content forms are accessible is more important than ever. Whether you’re a website owner, a developer, or a content creator, ensuring that everyone can use your forms is key to providing a great user experience. This article will dive into why accessible content forms matter, how to ensure your forms meet accessibility standards and tips for creating inclusive digital spaces. Let’s explore how you can make your forms better for everyone!

    Why Should Content Forms Be Accessible?

    Accessible content forms are crucial for several reasons:

    1. Inclusivity: Everyone should have equal access to information and the ability to participate in discussions. By making your forms accessible, you’re ensuring that users with disabilities can join in the conversation just as easily as anyone else.
    2. Legal Compliance: In the United States, there are legal requirements for digital accessibility under laws like the Americans with Disabilities Act (ADA). Making your forms accessible helps you stay compliant and avoid potential legal issues.
    3. Broader Audience: Accessible forms reach a wider audience. More people can engage with your content when your forms are easy to navigate and use, leading to increased traffic and a better community experience.

    The Importance of Accessible Forms

    Accessible forms are not just about following the law—they’re about creating a better, more inclusive online environment. Here’s why it matters:

    1. Improves User Experience: Accessible forms provide a smoother experience for all users. Features like clear navigation, readable text, and proper color contrast benefit everyone, not just those with disabilities.
    2. Enhances SEO: Search engines favor well-structured websites that are easy to navigate. By making your forms accessible, you improve your SEO, leading to higher search rankings and more visibility.
    3. Fosters Community: An inclusive forum encourages participation from a diverse group. When users feel they can easily engage with your content, they are more likely to become active members of your website.

    How to Create Accessible Digital Forms

    Creating an accessible digital forum involves several key steps. Here’s a breakdown to help you get started:

    1. Understand the WCAG Guidelines

    The Web Content Accessibility Guidelines (WCAG) are standards designed to make web content more accessible. They provide a framework for creating content that is usable by everyone, including people with disabilities. The guidelines are organized into four principles:

    • Perceivable: Information must be presented in a way that all users can perceive, such as providing text alternatives for images.
    • Operable: Users must be able to navigate and interact with your site using tools like keyboard navigation and screen readers.
    • Understandable: Content must be easy to read and understand, with clear instructions and a consistent layout.
    • Robust: Your content should work well across various devices and browsers, ensuring compatibility with assistive technologies.

    2. Ensure Text Readability

    Text readability is vital for all users, especially those with visual impairments or dyslexia. Here’s how you can improve it:

    • Use Clear Fonts: Choose fonts that are easy to read. Avoid overly decorative fonts and ensure your text size is large enough to read comfortably.
    • Provide Text Alternatives (WCAG 1.1.1): Include alt text for images, charts, and other non-text content. This helps users who rely on screen readers understand what’s in the visuals.

    3. Implement Keyboard Navigation

    Many users with disabilities rely on keyboards rather than mice. Make sure your forms are fully navigable using keyboard shortcuts:

    • Focus Order (WCAG 2.4.3) : Ensure that users can tab through all interactive elements in a logical order.
    • Keyboard Shortcuts (WCAG 2.1.1): Implement keyboard shortcuts for common actions to improve efficiency.

    4. Use Descriptive Links and Buttons

    Links and buttons should be easily identifiable and descriptive:

    • Meaningful Link Text (WCAG 2.4.4): Avoid vague link text like “click here.” Instead, use descriptive text that tells users where the link will take them, such as “Read more about our forum guidelines.”
    • Button Labels (WCAG 3.3.2) : Ensure buttons have clear labels that describe their action, like “Submit” or “Cancel.”

    5. Ensure Color Contrast and Visual Elements

    Good color contrast and visual elements are essential for readability:

    • Contrast Ratios (WCAG 1.4.3): Use high contrast between text and background colors. Use tools like the WCAG Contrast Checker to verify that your button colors meet accessibility standards.
    • Visual Cues (WCAG 1.3.3): Use visual indicators, such as icons or patterns, in addition to color to convey information. This helps users who are colorblind or have low vision.

    6. Test with Real Users

    Testing is crucial to ensure your forum is truly accessible:

    • User Testing: Involve real users with disabilities in your testing process. Their feedback can help you identify and address accessibility issues you might not have considered.
    • Automated Tools: Automated accessibility testing tools such as WAVE or Lighthouse to catch common issues. But remember that these tools can’t catch everything.

    7. Stay Updated with Accessibility Trends

    Digital accessibility is an evolving field. Stay informed about the latest updates and best practices:

    • Ongoing Training: Regularly train your development team on accessibility best practices.
    • Community Resources: Participate in accessibility forms and follow industry news to keep up with new developments.

    Wrapping Up

    Creating accessible web content forms is more than just meeting compliance standards—it’s about fostering a welcoming and inclusive digital space for everyone. By adhering to WCAG guidelines, enhancing text readability, ensuring keyboard navigation, and conducting regular accessibility tests, you can build a forum that all users can navigate and enjoy.

    To take your commitment to accessibility to the next level, schedule a complimentary ADA strategy briefing with 216digital. Our team of experts will help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms.Start integrating these practices today to build a more inclusive and user-friendly forum for everyone. Reach out today to start making a difference!

    Greg McNeil

    August 14, 2024
    How-to Guides
    accessible forms, ADA Compliance, digital accessibility, forms, Web Accessibility, web development, Website Accessibility
  • Why Are Federal Web Accessibility Lawsuits Dipping in 2024?

    Why Are Federal Web Accessibility Lawsuits Dipping in 2024?

    If you’re a business owner with a website, you’ve probably heard about web accessibility lawsuits. These are legal cases where people or organizations sue companies for not making their websites accessible to everyone, including those with disabilities. In recent years, these lawsuits have been quite common, but there’s a noticeable trend so far in 2024: federal web accessibility lawsuits are on the decline.

    This drop is something worth paying attention to if you manage a website. So, why exactly are there fewer of these cases, and what does this mean for you? Let’s dive into the details.

    Overview of the Decrease in Federal Web Accessibility Lawsuits

    Between 2023 and 2024, federal web accessibility lawsuits have significantly decreased, according to Useablenet’s 2024 Midyear Report. In fact, we anticipate a 600-case drop from last year. This change is noteworthy for anyone keeping an eye on digital accessibility and legal trends. Understanding why this decrease is happening can help you better manage your website and avoid potential legal trouble.

    Increased Judicial Scrutiny Influences the Shift

    One major reason for the drop in federal web accessibility lawsuits is increased scrutiny from the courts. Federal judges are now demanding more detailed and specific claims from plaintiffs. This means that simply alleging a website isn’t accessible isn’t enough. Plaintiffs must provide concrete evidence and detailed arguments to support their claims.

    For example, if someone is suing a business because they believe the website isn’t accessible, they now need to show exactly how the website fails to meet accessibility standards and how it impacts them personally.

    This shift means that many cases that might have been filed in the past are now getting dismissed or not even making it to court.

    Judges Now Demand More Detailed Claims

    The increase in judicial scrutiny is not just about being picky. It’s about ensuring that cases have a solid foundation before they proceed. Judges are looking for detailed claims that clearly outline how a website fails to comply with accessibility guidelines. They want to see specific examples and evidence showing how the lack of accessibility affects users.

    This higher bar for evidence means that plaintiffs and their legal teams need to do more homework before taking a case to court. It’s not enough to say a website is inaccessible; they need to provide a thorough analysis and proof of their claims.

    Recent Defense Victories Prompt Shifts to State Courts

    Another factor contributing to the decrease in federal web accessibility lawsuits is recent victories by defense teams in federal ADA claims. Businesses that have successfully defended themselves against these lawsuits have shown that it’s possible to win these cases if you have a solid defense strategy.

    As a result, some plaintiffs’ firms are shifting their focus from federal to state courts. State courts can have different rules and may offer a more favorable environment for plaintiffs, depending on the jurisdiction. This shift impacts the volume of federal filings, as more cases are being heard at the state level instead.

    The Impact on Filing Volumes

    With more cases moving to state courts and the increased difficulty of winning in federal court, the overall number of federal web accessibility lawsuits has decreased. Businesses that have been targeted in the past might find themselves facing fewer federal lawsuits, but this doesn’t mean they should let their guard down.

    It’s important to note that while federal cases might be dropping, the need for web accessibility remains just as crucial. Whether the lawsuits are happening in federal or state courts, ensuring your website is accessible is key to avoiding legal issues and serving all potential customers.

    Practical Steps to Improve Web Accessibility

    If you’re concerned about web accessibility, here are some practical steps you can take:

    1. Audit Your Website: Conduct an accessibility audit to identify any issues. You can use tools like WAVE or Lighthouse to help with this.
    2. Follow Accessibility Best Practices: Familiarize yourself with the Web Content Accessibility Guidelines (WCAG) and make it a goal to achieve these standards.
    3. Update Regularly: Web accessibility isn’t a one-time fix. Regularly update your website to address any new issues that arise.
    4. Consult Professionals: If you’re unsure where to start, consider consulting with web accessibility experts like 216digital, who can provide guidance and support.
    5. Educate Your Team: Ensure that your team understands the importance of web accessibility and is trained to implement best practices.

    Stay Compliant with 216digital

    As the landscape of federal web accessibility lawsuits evolves, it’s clear that staying ahead of the curve is crucial. While the decrease in lawsuits in 2024 signals a shift, web accessibility remains a vital concern for all businesses. By staying informed and proactively enhancing your website, you not only protect your business but also ensure that your site is accessible to everyone.

    At 216digital, we’re here to guide you every step of the way. No matter where you are on your accessibility journey, our ADA experts can help you develop a strategy to seamlessly integrate WCAG 2.1 compliance into your development roadmap. Ready to take the next step? Schedule a complimentary ADA strategy briefing with us today to discover how we can support you in achieving ongoing, real-world accessibility tailored to your needs.

    Greg McNeil

    August 13, 2024
    Legal Compliance
    ADA Lawsuits, ADA non-compliance, digital accessibility, Web Accessibility, web accessibility lawsuits, Website Accessibility
  • What CFOs Need to Know to Mitigate the Risk of Digital ADA Lawsuits

    What CFOs Need to Know to Mitigate the Risk of Digital ADA Lawsuits

    As the digital landscape becomes more integral to business operations, the responsibilities of a Chief Financial Officer (CFO) have expanded beyond traditional financial oversight. One area that garnered significant attention is mitigating risks associated with digital Americans with Disabilities Act (ADA) lawsuits. These lawsuits are on the rise and pose a legal threat as well as a financial and reputational one. For CFOs in Corporate America, understanding how to navigate these risks is crucial.

    The Rise of Digital ADA Lawsuits

    The ADA was enacted in 1990 to ensure equal access to public spaces for individuals with disabilities. While initially focused on physical locations, the ADA has evolved to include the digital realm. As more businesses operate online, websites and mobile applications are increasingly considered “public spaces” under the ADA. Companies must ensure that their digital platforms are accessible to people with disabilities.

    Failure to comply with these requirements can result in costly lawsuits. In recent years, there has been a significant increase in digital ADA lawsuits, with thousands of cases filed annually. These lawsuits often target companies with websites or apps that are not accessible to individuals with disabilities, such as those with visual, auditory, or cognitive impairments.

    Why CFOs Should Be Concerned About ADA Lawsuits

    CFOs are responsible for managing their organization’s financial health, which includes mitigating risks that could lead to financial loss. Digital ADA lawsuits represent a significant risk for several reasons:

    1. Financial Penalties: Non-compliance with ADA requirements can result in substantial fines and legal fees. These costs can quickly escalate, mainly if a company is involved in multiple lawsuits. For example, businesses that violate Title III of the ADA may face a maximum civil penalty of $75,000 for a first violation. Subsequent violations have been seen with up to a $150,000 fine.
    2. Reputational Damage: In today’s socially conscious environment, failing to provide accessible digital experiences can harm a company’s reputation. Negative publicity from an ADA lawsuit can lead to losing customer trust and loyalty, ultimately affecting the bottom line.
    3. Operational Disruption: ADA lawsuits can be time-consuming and disruptive to business operations. Companies may need to divert resources to address the legal proceedings and change their digital platforms.
    4. Market Competitiveness: Companies prioritizing digital accessibility are better positioned to reach a broader audience, including the estimated 26% of the U.S. population living with a disability. This can provide a competitive advantage in the marketplace.

    Critical Steps to Mitigating Digital ADA Lawsuit Risks

    CFOs are critical in mitigating the risks associated with digital ADA lawsuits. They can help protect their organization from legal action by taking proactive steps and ensuring compliance with ADA requirements. Here are the key steps CFOs should consider:

    Conduct a Comprehensive Accessibility Audit

    The first step in mitigating ADA risks is to understand the current state of your organization’s digital accessibility. This involves conducting a comprehensive accessibility audit of your website, mobile apps, and other digital platforms. An audit will identify areas where your digital assets fall short of ADA compliance and provide a roadmap for remediation.

    There are different types of accessibility audits, ranging from automated scans to manual testing by accessibility experts. While automated tools can quickly identify some issues, manual testing is essential for detecting more nuanced problems that automated tools might miss. A combination of both methods is often the most effective approach.

    Implement a Remediation Plan

    Once the audit is complete, the next step is implementing a remediation plan to address the identified issues. This plan should prioritize the most critical accessibility barriers and outline a timeline for making the necessary changes. It’s essential to involve key stakeholders, including web developers, content creators, and legal teams, in the remediation process to ensure that all aspects of digital accessibility are covered.

    Establish Ongoing Monitoring and Maintenance

    Digital accessibility is not a one-time project; it requires ongoing monitoring and maintenance. As your organization updates its digital platforms, new accessibility issues may arise—regular accessibility audits and monitoring tools, such as 216digital‘s a11y. Radar can help ensure that your digital assets remain compliant over time.

    Ongoing monitoring is also essential for preventing frivolous ADA lawsuits. By maintaining a high level of digital accessibility, your organization can demonstrate its commitment to compliance, making it less likely to be targeted by opportunistic lawsuits.

    Integrate Accessibility into Your Business Strategy

    CFOs should advocate for integrating digital accessibility into the broader business strategy. This includes incorporating accessibility considerations into the design and development processes of new digital products and services. By making accessibility a core component of your organization’s digital strategy, you can reduce non-compliance risk and create a more inclusive user experience.

    Stay Informed About Legal Developments

    The legal landscape surrounding digital ADA compliance is continually evolving. CFOs must stay informed about changes in regulations, court rulings, and best practices for digital accessibility. This knowledge will enable you to anticipate potential risks and proactively mitigate them.

    Partnering with legal experts who specialize in ADA compliance can also be beneficial. These professionals can guide the latest developments and help ensure your organization’s digital assets align with current legal requirements.

    Build a Culture of Accessibility

    Finally, fostering a culture of accessibility within your organization is critical to long-term compliance. This means educating employees about the importance of digital accessibility and providing them with the tools and training they need to create accessible content and experiences.

    CFOs can lead by example by championing accessibility initiatives and allocating the necessary resources to support them. By embedding accessibility into your organization’s culture, you can create a sustainable approach to compliance that extends beyond the minimum legal requirements.

    Wrapping  Up

    As CFOs in Corporate America, mitigating the risk of digital ADA lawsuits is a critical responsibility. By conducting thorough accessibility audits, implementing effective remediation plans, establishing ongoing monitoring, and integrating accessibility into the business strategy, CFOs can protect their organizations from legal, financial, and reputational harm. Moreover, by building a culture of accessibility, they can position their companies as leaders in inclusivity, ultimately driving long-term success.

    Digital accessibility is not just a legal obligation; it’s a business imperative to enhance your company’s reputation, expand its customer base, and ensure compliance in an increasingly complex regulatory environment. Taking proactive steps today can save your organization from costly lawsuits and contribute to a more inclusive digital world for everyone.

    Ready to take the next step? Schedule a complimentary ADA Strategy Briefing with 216digital today and start building a more accessible future for your company.

    Greg McNeil

    August 9, 2024
    Legal Compliance
    ADA, ADA Compliance, ADA Lawsuit, ADA Lawsuits, digital accessibility, Web Accessibility, web accessibility lawsuits, Website Accessibility
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