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  • Are Bots Sending Web Accessibility Demand Letters?

    Are Bots Sending Web Accessibility Demand Letters?

    Web accessibility has increasingly become a focal point for online businesses in recent years. In the digital era, the importance of making sure every user has access to web content cannot be overstated. But what happens when this rightful concern becomes a potential legal pitfall for businesses? 

    A recent wave of demand letters related to web accessibility has left many business owners questioning their source. Are they from genuine concerned human plaintiffs, or are bots behind them?

    What are Web Accessibility Demand Letters?

    For those unfamiliar, a web accessibility demand letter is a legal notice sent to businesses alleging that their website is inaccessible according to the standards set by the Americans with Disabilities Act (ADA). If true, these businesses must take specific actions to become compliant or face potential legal action. This can not only dent their reputation but also incur substantial legal fees.

    The number of businesses receiving these letters has increased exponentially in recent years. In 2022, more than 1,500 demand letters were sent per week. While many of these lawsuits are initiated by people with disabilities, many have questioned whether these letters are starting to come from bots. 

    The Wave of Demand Letters

    Ogletree Deakins, a reputable legal firm, has recently noticed some unusual patterns in the series of web accessibility demand letters received by their clients. The consistency in the phrasing, formatting, and even the nature of the complaints has led them to question if these are genuinely from diverse plaintiffs or if there’s a more automated process at play.

    According to Ogletree Deakins, bots may use artificial intelligence (A.I.) to scan websites for potential violations of the ADA quickly. This could allow plaintiffs to pursue hundreds of ADA claims at once, pressuring businesses to settle those claims before they lead to litigation.

    What are Automated Tools?

    Automated accessibility audits are tools designed to test websites for compliance with ADA guidelines. These tools can scan hundreds of web pages quickly to identify potential violations. Could plaintiffs use these tools to test large numbers of websites for ADA violations? The answer is yes, and here’s how.

    Automated tools are efficient at identifying general issues with web accessibility, such as missing alt text for images, incorrect use of headings, or other standard HTML violations. While these tools might not catch every nuance of a site’s accessibility, they can provide a quick overview, potentially leading to web accessibility demand letters.

    For more information about automated tools, check out our blog post, Are Web Accessibility Testing Tools Enough to Ensure Compliance. 

    The Problem with Bots Using Automated Tools

    While it is conceivable that a plaintiff could use an automated tool to test websites for ADA violations, there is one major issue. Automated tools have substantial limitations. 

    Even the best-automated tools are prone to false positives. For example, an automated test could identify missing alt text for images. However, not all images are required to have alt text. Humans often must determine whether alt text is necessary, and A.I. is currently incapable of making those decisions. 

    Automated tools are a valuable part of thorough accessibility remediation. Their limitations could make them a poor tool for filing massive waves of lawsuits, exposing potential law firms to penalties for filing fraudulent claims.

    However, this also brings into question whether a person with no intention to use a business’s products or services can file an ADA non-compliance lawsuit.

    The Concept of a “Tester”

    There have been instances where individuals, referred to as “testers“, detect ADA violations even when they have no real intention of using a business’s products or services. A prominent example is the case of Acheson Hotels, LLC v. Deborah Laufer, where the legitimacy of the plaintiff’s intent came into question. 

    The U.S. Supreme Court will likely weigh in on that question in the coming months. Depending on the outcome of that case, the prospect of bots generating demand letters doesn’t seem far-fetched.

    But what could this mean for website owners?

    What Does This Mean for Website Owners?

    For online business owners, the implications are significant. If your website isn’t ADA compliant, the risk isn’t just alienating potential customers but also facing potential litigation. The growing number of demand letters and lawsuits highlights the urgency of making your website accessible to all users, including those with disabilities. However, the question remains: should businesses react to these seemingly “copycat.” 

    Should You React To These Copycat Claims?

    With the specter of potential bot-generated demand letters and ADA lawsuits, website owners are in a precarious position. While it’s crucial not to panic, it’s equally vital to take these claims seriously. Dismissing them offhand could lead to legal complications and considerable costs. 

    If you receive a web accessibility demand letter:

    • Consult an Expert: Before taking any steps, consult a legal expert knowledgeable in ADA compliance and web accessibility.
    • Assess Your Website: Use automated and manual audits to gauge your site’s accessibility. Automated tools offer a quick overview, but human evaluations provide in-depth insight.
    • Document Everything: Keep a record of all improvements and changes made to ensure accessibility. This will be beneficial in defending your business if faced with litigation.

    A New Landscape for Web Accessibility

    The fear of bots sending web accessibility demand letters is not unfounded. Automated tools and the emergence of “tester” lawsuits have created a new landscape that online business owners must navigate. The primary concern for businesses should be clear: make your websites accessible. Whether the threat comes from genuine users or automated tools, ensuring compliance is not just a legal necessity but also a testament to a company’s commitment to inclusivity and equality.

    Partnering with Experts: 216digital

    If you’ve received an ADA demand letter, we’re here to help. Through our years of experience in the trenches analyzing and studying these cases, we can determine how ADA non-compliance lawsuit firms identify their targets and how to protect your business. At 216digital, we will develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms so you can continue focusing on what matters most: running your business.
    Scheduling a 15-minute complimentary website audit and consultation with our experts at 216digital.

    Greg McNeil

    August 8, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • ADA Web Compliance Demand Letters

    ADA Web Compliance Demand Letters

    As an online business owner, you’ve likely heard about the Americans with Disabilities Act (ADA). You understand its importance and that your website needs to be accessible to all users, including those with disabilities. However, when a website is found to be in violation of the ADA, its owner can face legal repercussions.

    These may include receiving a demand letter.

    But what should you do if you receive one? Who sends them? And how do you adequately address what is stated in the letter?

    In this guide, we’ll cover everything you need to know about ADA website compliance demand letters. We’ll explain what a demand letter is, who sends them, and how to respond.

    What is ADA Web Compliance?

    Before we dive into the specifics of ADA web compliance demand letters, let’s first explore what ADA website compliance means. ADA stands for the Americans with Disabilities Act, which was enacted into law in 1990. This Act seeks to prohibit discrimination against people with disabilities in all public and private places open to the general public.

    Although the ADA law was enacted before the internet became widely used, U.S. court decisions have extended the law’s scope to include websites and online platforms. Unfortunately, the DOJ has failed to formally adopt a set of standards or legal guidelines for what constitutes ADA web compliance, which means there is no way to absolutely stay protected from these lawsuits and demand letters. However, the disabled community has widely recognized the Web Content Accessibility Guidelines (WCAG) as the best existing standard for web inclusivity. WCAG 2.1 Level AA is the most up-to-date version of this standard.

    ADA Web Compliance Demand Letters

    An ADA web compliance demand letter is a legal notice sent to businesses to rectify non-compliant areas of a website. The letter aims to inform business owners that their website is not fully accessible, giving them the opportunity to correct it.

    In recent years, the number of businesses receiving these letters has increased exponentially. In 2022, more than 1,500 demand letters were sent per week. This rise is partly due to heightened awareness of accessibility rights and the growing number of people with disabilities using the internet. Until equal access is provided for people with disabilities, the rate at which ADA website compliance demand letters are sent will likely continue to grow.

    Who Sends ADA Web Compliance Demand Letters?

    Demand letters are typically sent by an attorney representing clients with disabilities or advocacy groups who have identified ADA violations on a website. However, anyone with a disability who has been denied access to a public-facing website or digital platform can send a demand letter. These violations can range from difficult-to-use navigation menus to missing alt text and keyboard navigability.

    While demand letters primarily come from attorneys, the Department of Justice (DOJ) also plays a critical role in enforcing accessibility standards. If a person with disabilities finds that a website is not accessible, they can file a complaint with the DOJ. The DOJ may then investigate and enforce action if necessary.

    Who is at Risk of Receiving an ADA Web Compliance Demand Letter?

    All online businesses open to the public risk receiving ADA web compliance letters, including eCommerce website owners, small businesses, large corporations, and nonprofits.

    However, websites heavily reliant on visual content, such as online retailers, are among those most commonly targeted. In 2022, 2,387 businesses faced web accessibility lawsuits, and the retail industry accounted for almost 77% of cases.

    While visual content is stimulating for some, images and videos may be inaccessible to certain website visitors. In fact, 58.2% of home pages are missing alternative text for images for visually impaired users. If website owners do not take proper measures to adjust their online content, the likelihood of receiving a demand letter is considerably higher. 

    Breaking Down the ADA Web Compliance Demand Letter

    Receiving an ADA demand letter may seem intimidating, but don’t panic. While the letter isn’t a formal legal complaint or lawsuit, it serves as a warning. However, failure to take action when receiving one can lead to further legal recourse. 

    A typical ADA web compliance demand letter may include the following sections:

    Violation Details

    The ADA compliance demand letter will typically begin by explaining that your website has been assessed and found non-compliant with ADA standards. It will outline in clear language what the specific violations are. This may include thorough descriptions of accessibility barriers, such as incompatibility with screen reader technology or lack of keyboard navigability.

    Request for Modifications

    After highlighting the violations, the letter will contain a request for modifications you need to make to your website to achieve compliance. It might include specific WCAG checkpoints your site fails to meet and suggest remedies. For example, your website lacks sufficient contrast between text and background. In that case, the request might demand an improvement in this area.

    Timeline for Achieving Compliance

    The sender will specify a reasonable timeline for you to make the requested modifications. This could range from a few weeks to several months, depending on the nature and extent of the violations. It’s crucial to note this timeline and make sure you comply within the given time frame. Remember, this timeline is legally binding, and any delay can escalate the situation to a full-fledged ADA lawsuit.

    Consequences

    If you fail to meet the ADA web compliance demands within the stated timeline, you risk being subject to legal action. The consequences could include hefty penalties, court-ordered website modifications, and the stigma of a public ADA lawsuit. All of this could significantly impact your business’s reputation and profitability.

    What to Do if You Receive a Demand Letter?

    If you’ve received an ADA website compliance demand letter, it usually means someone has identified your website as ADA non-compliant. So what should you do?

    Here are some steps to guide you:

    • Understand the Requirements for ADA Web Compliance: Familiarize yourself with ADA website conformance standards and guidelines. WCAG 2.1 Level AA is the best measure for web accessibility.
    • Seek Legal Advice:  A knowledgeable attorney with experience in ADA website compliance can help you understand the legal requirements and guide you on the best course of action.
    • Review the Letter and Evaluate Your Website for Compliance: Carefully review the demand letter and evaluate your website based on the violations outlined. Determine if the claims are valid and identify areas that need improvements.
    • Get a Website Audit and Remediate: Hire a professional to conduct an accessibility audit of your website and make the necessary changes to achieve compliance.
    • Communicate with the Plaintiff: Respond to the letter, outlining the steps you’re taking to address the issues raised. Proactive communication can help de-escalate the situation and avoid a lawsuit.
    • Monitor and Maintain: ADA Web Compliance is not a one-time event. Regularly review your website to ensure ongoing compliance. This proactive approach can help prevent future demand letters.

    Stay Ahead of the Curve with 216digital

    ADA web compliance is not optional for online businesses. Demand letters pose a real risk and can lead to serious legal consequences if not appropriately addressed. However, with a clear understanding of ADA standards and the right support, you can take steps to rectify issues and protect your business from potential legal action.

    At 216digital, we understand the complexities of web accessibility and are here to help. We offer comprehensive services that not only audit your website for accessibility but also provide solutions to meet ADA compliance requirements. Our experienced team thoroughly understands WCAG guidelines, and we can help your business implement the necessary adjustments.

    Don’t wait for a demand letter to land on your desk. Get ahead of the curve and ensure your website is ADA-compliant today with 216digital by scheduling a complementary 15 minute briefing.

    Greg McNeil

    July 13, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • A Closer Look at Section 508

    A Closer Look at Section 508

    When we discuss web accessibility, Section 508 of the Rehabilitation Act often surfaces as a critical element. However, understanding its full scope and whether it applies to your website can be confusing. That’s why we want to clear the air. In this post, we will discuss everything you need to know about Section 508, from its latest revision to how it could impact your business.

    What is Section 508?

    In the early 1970s, American lawmakers started to become aware of the need for legislation that ensured accommodation for citizens with disabilities. The first federal law was the Rehabilitation Act of 1973. 

    This law was mainly concerned with how the government would support people with disabilities. It expanded approval for state vocational rehabilitation service grants, established federal accountability for research and training programs for those with disabilities, and designated government bodies, such as the Department of Health, Education, and Welfare, to coordinate disability programs.  

    However, it did not have anything to do with web accessibility issues. It wasn’t until the introduction of the Internet and the rise of digital services that made Section 508 a cornerstone of digital accessibility.

    Section 508

    In 1998, Congress revised the Rehabilitation Act of 1973 to include Section 508. Section 508 states that all federal agencies must make electronic and information technology (EIT) accessible to disabled employees and members of the public. The law applies to EIT’s development, procurement, maintenance, or use, including government websites, documents, software, and multimedia.

    The Latest Revision

    In March 2017, the United States Access Board revised Section 508’s accessibility requirements for information and communication technology(ICT). The update provides more specific definitions of accessibility for EIT, offering clear guidelines for developers and website owners to follow.

    There are five significant changes to Section 508:

    • Focus on Functionality: Organized by functionality instead of product type to keep pace with technological advances.
    • WCAG Compliance: The 2017 update formally established the Web Content Accessibility Guidelines (WCAG) 2.0 as the accessibility framework for agencies. Federal websites are required to meet at least WCAG 2.1 Level A and AA compliance.
    • Content Accessibility:  All official agency content aimed at the general public, along with specific non-facing categories, must be accessible to those with disabilities.
    • Synchronized Tools and Technology: All software and operating systems must be compatible with assistive technologies like screen readers.
    • Expanded Marketplace: This combines chosen global standards such as WCAG 2.0 and aligns with the European Commission’s ICT Standards (EN 301 549) to broaden the range of accessibility solutions available.

    How Does WCAG Affect Section 508?

    As mentioned earlier, the latest revision of Section 508 aligns with WCAG 2.1. WCAG, or the Web Content Accessibility Guidelines, are the international standards for web accessibility developed by the World Wide Web Consortium (W3C).

    So, in effect, WCAG informs the standards set forth by Section 508. WCAG is often considered the golden standard in web accessibility, and following its guidelines can be a big step toward achieving both Section 508 and ADA compliance.

    How is Section 508 Different from the ADA?

    The American with Disabilities Act (ADA), passed in 1990, prohibits discrimination against individuals with disabilities in all areas of public life. While Section 508 specifically deals with federal agencies, the ADA applies more broadly. It prohibits discrimination against people with disabilities in all places of public life. Title II of the ADA pertains to state and local government functions. At the same time, Title III involves private businesses and commercial entities operated by private entities.

    Both acts relate to accessibility for people with disabilities but have significant differences. 

    Section 508

    Section 508 is a set of rules that primarily apply to government entities. However, it also applies to organizations that receive federal funding. This means that government-supported institutions like museums, universities, medical centers, and programs partially federally funded must follow Section 508. 

    Section 508’s accessibility rules also extend to contractors or third-party workers who provide services to government bodies or federally funded organizations. Therefore, any digital platform or website associated with a federally funded entity and used by the public must meet Section 508 standards. Small businesses should consider this if they want to pursue government grants or contract work with federal agencies.

    The ADA

    Section 508 primarily concerns digital accessibility for federal agencies and federally funded organizations. In contrast, ADA has a broader reach, covering both physical and digital spaces across public and private sectors. 

    The ADA requires businesses to make accommodations for their employees and their customers so that those with a disability may not be excluded from participation in or denied services. 

    While court cases have interpreted the ADA to include websites as part of “public accommodations,” it does not provide specific technical guidelines like Section 508. Instead, a sharp increase in lawsuits over the last few years has confirmed that the ADA applies to websites and online applications just as much as to physical stores and offices. For example, in 2022, there were 2,387 web accessibility lawsuits filed in Federal Court and California State Court under the Unruh Act. 

    Does Section 508 Apply to My Business?

    You might wonder if Section 508 applies to you if you’re a business owner. The answer largely depends on your business type. If you are a federal contractor, receive federal funding, or serve a federal agency, Section 508 compliance is mandatory. Consult with a legal expert to fully understand your obligations when in doubt.

    If you’re not a federal agency and still want to make your website accessible, following Section 508 guidelines can be an excellent place to start. It’s always a good idea to strive for inclusivity in your business practices.

    What’s the Risk of Non-Compliance?

    Non-compliance with Section 508 can result in serious legal consequences.

    Let’s take a look at some real-life examples:

    NAD vs. Harvard and MIT

    In 2015, the National Association of the Deaf (NAD) filed lawsuits against Harvard University and the Massachusetts Institution of Technology (MIT). The NAD argued that the universities failed to caption online course content, discriminating against people with hearing disabilities. Both universities settled, leading to more rigorous captioning commitments.

    On November 8, 2019, the National Association of the Deaf (NAD) reached a settlement with Harvard University requiring high-quality captioning services for its publicly available online content. The settlement, memorialized in a class action consent decree, was approved by the Court on February 27, 2020. The Plaintiffs reached a similar settlement with MIT, which was approved on July 21, 2020.

    NFB vs. Department of Education

    Similarly, the National Federation of the Blind (NFB) filed a complaint against the United States Department of Education in 2009. The NFB claimed that one of the Department’s websites, called the U.S.A. Learns violated Section 508 because it’s inaccessible to those who rely on text-to-speech technology or Braille displays to access information. 

    The U.S.A. Learns, a free English-language learning website operated by the Department of Education, underscores the requirement for any government-funded online platform to comply with Section 508.

    These cases highlight that non-compliance can result in time-consuming litigation, financial penalties, and damage to reputation. Prioritizing digital accessibility is critical for businesses and institutions, not only for legal compliance but also to ensure inclusiveness for all users. 

    Section 508 Compliance with 216digital

    Understanding and implementing web accessibility guidelines, like those set out by Section 508 and WCAG, is essential for any business operating in the digital landscape today. Non-compliance can result in severe legal and financial consequences, as demonstrated by the real-life lawsuits against Harvard, MIT, and the Department of Education. But beyond compliance, embracing web accessibility is about inclusivity and fairness, ensuring all users, regardless of ability, have access to information and services.

    That’s where 216digital comes into play. We understand that navigating the complex landscape of web accessibility can be daunting for businesses of all sizes. Our experienced team is equipped with in-depth knowledge of Section 508, WCAG, and ADA compliance. We offer comprehensive services to ensure your digital platforms are not only legally compliant but also inclusive and user-friendly for all users, regardless of ability.

    By choosing to work with 216digital, you are not only safeguarding your business against potential legal repercussions but also championing digital inclusivity. Don’t wait until it’s too late – contact us today to ensure your website is accessible for everyone. Together, we can make the internet a more inclusive space.

    Greg McNeil

    July 13, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • Can ADA Web Accessibility “Testers” Sue?

    Can ADA Web Accessibility “Testers” Sue?

    As a website owner, you’ve likely heard about web accessibility and the implications of the Americans with Disabilities Act (ADA) on your digital space. Web accessibility is an integral part of the digital world, aiming to ensure that everyone, including individuals with disabilities, can access and use web content effectively.

    In recent years, there has been a surge in ADA web compliance lawsuits that could impact your website and business. One key issue is the debate over whether ADA web accessibility “testers” have the legal standing to sue. This article aims to elucidate this complex issue and help you understand how it may affect your business.

    The Americans with Disabilities Act and Web Accessibility

    The Americans with Disabilities Act (ADA), signed into law in 1990, prohibits discrimination against individuals with disabilities in all areas of public life. However, it was initially unclear whether this act extended to websites, as they were less prevalent when the act was passed.

    With the advent of the digital era, courts have gradually expanded the ADA’s scope to include websites, considering them as ‘places of public accommodation.’ This interpretation implies that websites should be accessible to individuals with disabilities, including those who have visual, auditory, or motor impairments.

    In 2022, the Department of Justice (DOJ) published guidance confirming that the ADA applies to business websites. Non-compliance could expose your business to the risk of legal action, including lawsuits and fines.

    The Rise of ADA Web Compliance Lawsuits

    Recently, lawsuits related to ADA web compliance have become increasingly common. Many businesses, both small and large, have faced legal challenges due to the lack of accessibility of their websites.  In 2023 alone, federal and state courts dealt with 4,605 lawsuits related to web accessibility. 

    These lawsuits argue that inaccessible websites create a discriminatory environment, depriving people with disabilities of the same opportunities afforded to those without. While many of these lawsuits are initiated by individuals with disabilities, a new group known as “testers” has emerged as a significant force.

    Learn more about What You Need to Know About ADA Web Accessibility Lawsuits.

    What is an ADA Web Accessibility “Tester”?

    An ADA web accessibility “tester” is an individual who checks websites for ADA compliance. Their primary goal is to identify ADA violations, not necessarily to use the services or products provided on the website.

    These individuals, sometimes people with disabilities themselves or professionals in accessibility consulting, are equipped with the knowledge and tools to test whether a website complies with established accessibility standards, such as the Web Content Accessibility Guidelines (WCAG).

    If the tester deems the website inaccessible, they may file a lawsuit against the business. Some view this role as essential for holding companies accountable, while others see it as an opportunity for lawsuit abuse and exploitation.

    What Gives Someone Ground to Sue?

    Under the United States Constitution, a party must have standing to sue. ‘Standing’ is a legal term that refers to a person’s ability to demonstrate a sufficient connection to and harm from the law or action being challenged, supporting that person’s participation in the case. This requirement implies the person must allege that they attempted to access the business but were unable to or were interested in doing so but could not due to the website’s non-compliance.

    In ADA lawsuits, the person suing must show that they experienced discrimination due to the website’s non-compliance. The question of standing has been a significant point of contention, especially when it comes to testers. 

    Can someone who has no intention of using your services or buying your products sue you because your website is not accessible?

    This question brings us to a landmark case in ADA web accessibility lawsuits – Acheson Hotels, LLC v. Deborah Laufer.

    Acheson Hotels, LLC v. Deborah Laufer

    In late March, the case of Acheson Hotels, LLC v. Deborah Laufer became a focal point in the discussion surrounding the ADA web accessibility testers’ right to sue.

    Plaintiff Deborah Laufer, a self-proclaimed “tester,” has filed over 600 lawsuits alleging ADA web accessibility violations since 2018, primarily targeting the hospitality industry.

    The lower courts initially dismissed Laufer’s case against Acheson Hotels, arguing that Laufer did not intend to visit the hotel and, therefore, had not suffered any injury. However, Laufer appealed the decision, asserting that she was indeed affected by being unable to access information on the hotel’s website due to her disability. Despite acknowledging her role as a tester, Laufer argues that her motive is irrelevant.

    In their brief in opposition, Laufer’s counsel referred to the text of the ADA, writing, “[…] One can readily find that a disabled person’s encounter with violations of the ADA is a real-world harm by reviewing the plain language in the findings and purposes set forth by Congress.”

    The First Circuit Court of Appeals agreed and reversed the initial decision, asserting that Laufer had standing. 

    Supreme Court Case Takes Unexpected Turn

    On March 27, 2023, the Supreme Court agreed to hear a case, but the matter took an unexpected twist. Laufer’s attorney was suspended from practicing law for defrauding hotels by lying in fee petitions and during settlement negotiations. Consequently, Laufer voluntarily dropped her lawsuit, rendering it moot. In a unanimous decision, the Supreme Court agreed.

    A lawsuit can become moot when its central conflict has been resolved, as was when Laufer withdrew her claim. While the Supreme Court frequently addresses issues of standing, the Court can still address issues of mootness and the cases standing in any order it chooses.

    While this particular lawsuit was declared moot, the split among the circuits regarding tester standing is still “very much alive,” and it is open to ruling on this issue in future cases.

    The Future of Web Accessibility

    216digital is not a law firm; we cannot provide legal advice. However, as experts in web accessibility, we understand that significant Supreme Court cases often influence the accessibility landscape. Although the Court’s ruling in Acheson Hotels, LLC v. Laufer does not alter the law, it signals the Court’s willingness to address concerns regarding the legal standing of ADA testers.

    This stance may dissuade some ADA testers from initiating lawsuits, particularly against well-defended, high-profile defendants. Yet, as we’ve emphasized in previous articles, the prevalence of serious accessibility barriers is not few and far between.

    With the uptick in web accessibility lawsuits each year, prioritizing web accessibility has never been more crucial. To minimize potential legal risks, online businesses must monitor their website’s accessibility and collaborate with accessibility experts to adhere to the WCAG standards.

    Steps Businesses Should Take to Ensure ADA Compliance

    Considering current affairs, it’s crucial that businesses ensure their websites are ADA-compliant. Here are some steps to take:

    1. Audit Your Website: Conduct a thorough website audit using ADA compliance tools or hire a professional.
    2. Follow WCAG Guidelines: The Web Content Accessibility Guidelines are reliable recommendations for making your website accessible. Aim for WCAG 2.1 Level AA compliance, which covers a broad range of recommendations for making web content more accessible.
    3. Regularly Update Your Website: Web accessibility is not a one-time task. Regularly review and update your website to ensure ongoing compliance as guidelines and technologies evolve.
    4. Train Your Team: Ensure your team understands the importance of ADA compliance. Provide them with training on maintaining accessibility during website updates and content creation.
    5. Regular Monitoring: Regularly monitor your website to ensure ongoing compliance.
    6. Consult with an Expert: If in doubt, consult with a web accessibility expert or lawyer specializing in ADA compliance to fully understand your legal obligations and ensure you’re doing everything necessary to comply.

    Learn more about Mitigating ADA Lawsuit Risk: Affordable Solutions for Online Business.

    Protect Your Online Business

    ADA and web accessibility are crucial considerations for all website owners. The debate over whether ADA web accessibility “testers” can sue carries potentially significant implications. Regardless of the outcome, businesses need to strive towards full ADA compliance to avoid lawsuits and ensure a better, more inclusive user experience for all.

    Find out if your website is ADA compliant today by scheduling a 15-minute complimentary website audit and consultation with our experts at 216digital. We can help determine if your website is at risk of a lawsuit and offer fast, effective ADA compliance solutions. This ensures your site is accessible to everyone, reducing your risk of litigation so you can continue focusing on what matters most: running your business.

    Greg McNeil

    July 10, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • The Financial Benefits of Digital Accessibility

    The Financial Benefits of Digital Accessibility

    When we consider the landscape of digital accessibility, many business leaders and web professionals grapple with the notion of cost. The perception of digital accessibility as a high-expense venture has led to a staggering reality: a mere 3% of the internet is accessible to people with disabilities. This statistic is all the more alarming given that 1.3 billion people live with a disability.

    However, it’s time to rethink this perspective and perceive digital accessibility not as a financial hurdle but as an untapped goldmine. This post aims to unravel how investing in digital accessibility can magnify your website’s traffic and lead to significant cost savings. 

    Buckle up as we navigate the myriad benefits that this overlooked aspect of digital strategy can bring.

    Increased Website Use

    A major benefit of digital accessibility is the potential for direct and indirect financial gains from increased website use. For instance, web accessibility can make it easier for people to find a website, access it, and use it successfully. As a result, you increase the site’s audience and usage. 

    An increase in website audience can result from the following benefits of digital accessibility:

    Extended Market Reach

    Web accessibility refers to the inclusive practice of removing barriers that prevent interaction with, or access to, websites by people with disabilities. But did you know that an accessible website has the potential to expand your customer base significantly?

    According to the CDC, about 27% of adults in the United States live with a disability. That’s a significant part of the population, all of whom have the right to engage in the services that a business can provide. 

    When you prioritize digital accessibility, you’re opening your business to millions of additional potential customers who could not engage with your online content. This not only benefits potential customers but also contributes to the growth of your business with an increase in sales.

    By embracing this demographic, you are bound to witness a rise in customers, clients, or consumers. The extent of this increase hinges on your ability to cater to diverse levels of abilities and the reputation your company earns through its ethical business practices.

    Improved SEO

    A well-known fact in the digital world is that search engines favor websites that are accessible. Search engines like Google prioritize websites that are easy to navigate, have clear content, and offer an optimal user experience—things you improve when you make your website accessible. 

    Google’s index is like a user with vision impairment and a billion friends. It relies on text to understand images and media content. Websites providing valid alternative text to images, audio, and videos make the site easier to find, increase its ranking, and get recommended. Many of the same principles for good SEO overlap with accessibility standards like the Web Content Accessibility Guidelines (WCAG).

    When your site is accessible, it’s easier for search engines to index your content, making it more findable for users and potentially improving your organic search rankings. For instance, the radio program and podcast This American Life has an audience of around 2 million each week. By offering transcripts for each episode, they boosted their search traffic by 6.86%.

    Improved User Experience

    An accessible website provides a better user experience for all users, not just those with disabilities. There is a misconception in the business world that accessibility is only meant to accommodate users with disabilities, but that’s not entirely true.

    According to a Forrester Research Economic Impact Study commissioned by Microsoft, 252 out of 319 companies agreed that inclusive software improved usability and customer experience. Features that make a site more accessible, such as straightforward navigation, easy-to-read text, and an intuitive layout, also make it more user-friendly. 

    This improved user experience can increase customer satisfaction and retention. Customers who enjoy their experience on your site are more likely to return and recommend your services to others.

    Enhanced Brand Reputation 

    In our current economic landscape, reputation can go a long way, especially regarding how a company considers members of marginalized communities. Among these communities are people with disabilities. 

    Being recognized as a business that takes digital accessibility seriously can help establish a strong and positive standing in the market. However, the influence of this reputation extends beyond just customers with disabilities.

    Consumers who value principles of social justice will look to your company as an example of the positive change needed in society. With the increasing emphasis on accessibility, making this conscious stride is paramount.

    Direct Cost Savings

    Aside from the growth in site usage and customer base, many organizations realize direct cost savings from improving Web accessibility. Let’s dive into how digital accessibility can lead to immediate cost savings for your business.

    Mitigating Legal Risks

    The Americans with Disabilities Act (ADA) requires businesses to make their websites accessible to people with disabilities. By ensuring your website is accessible, you could mitigate frivolous ADA lawsuits, hefty fines, and negative publicity.

    In recent years, there has been a sharp increase in lawsuits related to website accessibility. For example, in 2022 alone, there were 2,387 web accessibility lawsuits filed in Federal Court and California State Court under the Unruh Act. By investing in web accessibility, you reduce the risk of such legal repercussions.

    Reduced Development and Maintenance Costs

    While incorporating digital accessibility into your website will take time, it will result in cleaner and more efficient code. This can make the website faster and easier to maintain in the long run, saving you money on development resources. Here’s how:

    • Improved accessibility diminishes maintenance needs, resulting in lower staff costs for site maintenance.
    • Accessibility lowers the need for additional server resources. Reducing the need for other server resources and their associated costs.
    • Eliminates the need for creating multiple site versions as accessibility enables responsive content to work on various devices.
    • Reduces future expenses to adopt new technologies as accessibility utilizes cutting-edge web technologies and readiness for future advancements.

    How to Make Your Business More Accessible

    Making your business more accessible isn’t a one-time activity—it’s an ongoing commitment. Here are a few steps to get you started:

    1. Familiarize Yourself with WCAG: The first step toward improving web accessibility is understanding the WCAG guidelines. These guidelines provide the international standard for creating accessible web content.
    2. Conduct an Accessibility Audit: Hire a professional to audit your website for accessibility, or use an online tool to get an overview of the areas that need improvement.
    3. Create an Accessibility Plan: Based on your audit results, create a plan to address the accessibility gaps. This plan should be integrated into your overall website design and content strategy.
    4. Educate Your Team: Everyone involved in creating your website content—from writers and designers to developers—should understand web accessibility and its importance. Regular training sessions can ensure this.
    5. Regularly Test for Accessibility: Making your website accessible isn’t a one-and-done deal. Regular testing can ensure that all new content meets accessibility standards.

    Remember, web accessibility is an ongoing commitment, not a one-time project. By dedicating time and resources to maintaining accessibility, you are investing in the growth of your business and ensuring a better user experience for all.

    The Way Forward

    Digital accessibility might seem like a high upfront cost, but the benefits far outweigh the initial investment. From expanding your market reach and enhancing your brand’s reputation to reducing development costs and mitigating legal risks, accessibility has proven financially beneficial. With the right approach and a commitment to inclusivity, your website can become a powerhouse for your business, accessible to all, and profitable in the long run. So make web accessibility a priority today and reap significant financial rewards tomorrow.

    To learn more about how the ADA experts at 216digital can help build an ADA WCAG 2.1 compliance strategy to achieve ongoing, real-world accessibility on your terms, schedule an ADA Strategy Briefing.

    Greg McNeil

    July 10, 2023
    The Benefits of Web Accessibility
    Accessibility, ADA Compliance, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • Understanding Image Alt Text Descriptions

    Understanding Image Alt Text Descriptions

    Even though digital transformation is progressing rapidly, many online businesses still lag behind in making their websites accessible to people with disabilities. This is partly due to a lack of awareness or technical knowledge of different accessibility issues and how to solve them. 

    In this article, we will cover one of the most common accessibility barriers — providing alternative text descriptions for images. When done correctly, alt text can paint a complete picture for people who cannot perceive images visually. Unfortunately, many content creators and developers forget to provide alt text or write something that doesn’t quite hit the mark. 

    So, what exactly is Image Alt Text, and how should you integrate it into your website?

    What is Alt Text?

    Image alt text, also called image alternative text descriptions, is the written copy that appears in place of an image on a website if the image fails to load on a user’s screen. This text can also help screen-reading tools describe images to visually impaired users and allows search engines to better crawl your website.

    Alt text should be brief but vivid enough to clarify the image’s content to someone listening to the description. This includes any information contained within graphs or charts. Well-written alt text doesn’t just describe a photo but also communicates its purpose and context. 

    But how do you add alt text to images?

    How to Add Alt Text to Your Images?

    Image Alt Text is the descriptive text that is included in a website’s foundational HTML code to describe an image on a webpage.  

    However, adding Alt Text to images varies slightly depending on your web-building platform. Generally, when you upload a photo, there should be an ‘Alt Text’ or ‘Alt Description’ field where you can input your description. 

    For HTML users, you can add Alt Text to an image by including the ‘alt’ attribute within the ‘img’ tag:

    <img src="example.jpg" alt="A description of the image">

    Suppose you use a Content Management System (CMS) like WordPress. In that case, there’s a designated field for image optimization where you can create and change the image’s alt text.

    When Should I Use Alt Text?

    According to the World Wide Web Consortium (W3C), all images must have a text alternative that describes their function or the information they represent. However, that doesn’t mean every image should be treated the same.

    Follow these rules when writing alt text:

    1. Images of Text

    Does the image contain text?

    If readable text is presented within an image, the text alternative must contain every word in the image. However, it’s essential to mention images with text should be avoided, except in the case of logos.

    2. Functional Images

    Is the image used in a link or a button, and would it be hard to understand the function if it wasn’t there?

    Suppose an image is used as a link or button. In that case, the alt text must describe the functionality and destination, if it doesn’t already from the text or graphical content. For instance, a button to “download in App Store” image link would have an alternative text description stating: “Click here to download the Bittrex app on the App Store.”

    3. Informative Images

    Does the image contribute meaning to the current page or context?

    Informative images are images or illustrations that convey vital information to the context of information surrounding them. The text alternative for these images should include the image’s essential information. The description should be colloquial as if you are explaining it to someone sitting next to you. For example, suppose an image is of a truck driving. In that case, the alternative text should state: “A truck driving over rough terrain”.

    However, complex images such as infographics or diagrams used to convey data or detailed information should have a complete text equivalent to the data or information provided in the infographic or chart.

    4. Decorative Images

    Is the image purely decorative or not intended for the user?

    If an image’s only purpose is to add visual decoration, it does not require alt text. However, the image must then be explicitly marked as presentational so that it is ignored by screen reading software. It must still have an alt attribute, so give it “null” alt text, which is an alt attribute with no value, as seen below:

    <img src=”../img.jpg” alt=”” />

    Need help with how to treat a specific image? The W3C has developed an alt text decision tree to help you determine the right approach depending on the image’s purpose.

    Image Alt Text Best Practices

    Ultimately, image alt text needs to be specific and representative of the topic it supports. Just adding alt text isn’t enough. It’s essential to ensure it’s effective. 

    Here are some best practices to follow:

    Describe an Image and Be Specific

    Alt Text should accurately represent the content and function of an image. Use both the image’s subject and context to guide you. For example, instead of writing “dog” for an image, use a more specific description such as “A golden retriever playing fetch in the park.”

    Avoid Redundancy

    It might seem like a helpful cue, but remember not to include phrases like “picture of” or “image of” in your alt text. Screen readers and Search Engines will know from the preceding HTML tag to announce the alt text as an image. Including these phrases in your description will only disrupt the user’s experience and waste valuable characters.

    Write for People, Not Search Engines

    Many content creators make the mistake of trying to stuff keywords into their site’s alt text. While it’s true that alt text can contribute to SEO, your priority should be accessibility and user experience. If you can naturally fold a keyword into your alt text, excellent. But don’t fall into the trap of treating alt text like an SEO tool.

    Review for Spelling Errors and Punctuation

    Like all website content, proper punctuation makes information easier to understand. Ensure that your alt text is free of mistakes for a professional and clear description.

    In addition, when hiding decorative images, you should be aware of spacing when using a null or empty alt text. If there is a space between the quotes, assistive technologies may still pick it up as alt text, confusing the user.

    Image Alt Text Example

    Alt text that doesn’t appropriately describe the image and its purpose could prove detrimental or puzzling to website users relying on assistive technology.

    Follow alt-text best practices, and you’ll get a feel for what needs to be said. A more detailed description may be beneficial. However, there are instances when it can be redundant. Consider the example below.

    Cleveland Ohio's Detroit-Superior Bridge at night

    Bad Alt Text

    <img src= "example.jpg" alt="a city's bridge at night">

    The line of alt text above is technically descriptive — but it does not describe the image in a meaningful way for the user. Yes, the photo above shows a city’s bridge, and it is night. But this is also a picture of Cleveland, Ohio — and the Detroit-Superior Bridge. These are essential specifics that your users might need to comprehend the image if it’s on, say, a blog post about Cleveland landmarks.

    Good Alt Text

    With context in mind, a better alt text for this image might be:

    <img src= "example.jpg" alt="Cleveland Ohio's Detroit-Superior Bridge at night">

    Why is Image Alt Text Important?

    We’ve already alluded to several reasons why image alt text is essential. However, understanding these reasons will help you write the best alt text possible for your users. Below we’ll look at the significant reasons image alt text is essential.

    Web Accessibility and User Experience

    Image alt tags allow screen reader users to understand what is happening on a webpage besides the written basic text. Images may be the only form of instruction for some websites or other digital assets. Without alt text, these users may miss out on the information conveyed through images, affecting their overall site experience. It is, therefore, a key component in meeting the  World Wide Web Consortium (WCAG) success criteria for image alternative text descriptions. 

    Ignoring these standards could lead to potential legal consequences due to non-compliance with the Americans with Disabilities Act  (ADA). Such non-compliance limits your website’s audience reach and could result in lawsuits or hefty fines. Hence, incorporating alt text in your website design is an inclusive practice and a legal imperative.

    Search Engine Optimization

    Search engines like Google, unable to visually understand images, rely on Alt Text to determine their content. This information helps them provide relevant results for image searches, significantly boosting your website’s visibility.

    However, while Alt Text can contribute to SEO, it should not be used to manipulate search rankings by overstuffing keywords. Google can penalize such practices, leading to a decrease in your overall SEO performance.

    Learn more about Web Accessibility and SEO Optimization: A Powerhouse Combination.

    Take the Next Steps Toward Accessibility

    In a digital era where inclusivity and accessibility are of utmost importance, alt text is a vital tool for website owners and developers. If, until now, you were not aware of the importance of image alt text, don’t stress! You can add these elements at any time to increase the accessibility of your website. 

    If you’d like to talk further about your web accessibility initiative, Schedule a Complimentary ADA Strategy Briefing with the experts at 216digital. We will help you take the steps towards web accessibility on your terms by developing a strategy to integrate WCAG 2.1 compliance into your development roadmap.

    Remember, alt text is not just an option—it’s an essential step in building a successful and accessible online presence.

    Greg McNeil

    July 10, 2023
    How-to Guides
    Accessibility, ADA Compliance, ADA non-compliance, ADA Website Compliance, Alt text, Image Alt Text, Website Accessibility, Website Accessibility Tools
  • Understanding WCAG for Better Digital Compliance

    Understanding WCAG for Better Digital Compliance

    The World Wide Web is an interconnected network of knowledge accessible to anyone with an internet connection. However, the term ‘anyone’ isn’t always accurate. Some individuals, particularly those with disabilities, may find it challenging to access information and services online.

    Fortunately, the Web Content Accessibility Guidelines (WCAG) are here to change this. WCAG can help websites follow the best practices of accessible design and eliminate accessibility barriers that could expose your business to the risk of legal action.

    But what is WCAG — and how does it apply to your online business? In this post, we answer these questions and provide a few tips for making your web content WCAG-compliant.

    The World Wide Web Consortium

    The World Wide Web Consortium (W3C) is an international organization committed to improving the web. In 1997, the W3C launched the Web Accessibility Initiative (WAI) with the goal of providing strategies, guidelines, and resources to make the web accessible to people with disabilities. This initiative includes technical specifications for HTML, CSS, XML, and other technologies used to build websites.

    Out of the WAI was born the Web Content Accessibility Guidelines or WCAG.

    What is WCAG?

    The Web Content Accessibility Guidelines, commonly known as WCAG, are a set of recommendations designed to make web content more accessible, primarily for people with disabilities. However, following these guidelines can also make your web content more accessible to all users, regardless of the device they’re using or their internet access circumstances.

    The initial version of WCAG, WCAG 1.0, was released in 1999 with 14 guidelines. Since then, it has undergone significant revisions to better address the needs of various users and keep pace with rapidly evolving technologies. The most recent version at the time of this writing, WCAG 2.1, was published in 2021. However, the WAI plans to introduce WCAG 2.2 in the fall of 2023. Learn more about WCAG 2.2 and the future of accessibility standards.

    WCAG Structure

    WCAG is organized around four fundamental principles, which state that all content must be Perceivable, Operable, Understandable, and Robust (POUR). These four principles are expanded upon by supporting guidelines and further divided into distinct Success Criteria. These Success Criteria serve as precise and verifiable requirements for accessibility.

    An Example of WCAG Success Criteria 

    Success Criterion 1.1.1 Non-text Content states: “All non-text content presented to the user has a text alternative that serves the equivalent purpose, except for the situations listed below…”

    This Success Criterion is one of the Success Criteria under Guideline 1.1 Text Alternatives: “Provide text alternatives for any non-text content so that it can be changed into other forms people need, such as large print, braille, speech, symbols, or simpler language.”

    This Guideline is one of the Guidelines under Principle 1. Perceivable: “Information and user interface components must be presentable to users in ways they can perceive.”

    WCAG Conformance Levels

    WCAG success criteria are organized into three levels of conformance: Level A, Level AA, and Level AAA. Each Success Criterion is assigned a conformance level of A, AA, or AAA, with each Level including all success criteria from the lower levels.

    For instance, Level AA includes all Level A success criteria, while Level AAA includes both Level A and AA success criteria. To qualify as meeting a certain conformance level, all content on a website must fully meet at least that Level.

    While Level A conformance makes a website accessible, Level AA conformance of WCAG 2.0 or 2.1 is the most common. Websites that meet the Level AA requirements of the current version of WCAG are generally considered reasonably accessible to most users with disabilities.

    Achieving Level AA conformance means satisfying all Level A and AA Success Criteria. However, it’s important to note that meeting Level AAA is optional as it’s impossible for some content to meet all Level AAA Success Criteria.

    Understanding How WAI Maintains and Updates WCAG

    The WAI regularly updates the WCAG to keep up with advancements in technology and user needs, ensuring the guidelines remain relevant and effective.

    The WAI organizes this process through milestones, which are as follows:

    1. Working Draft: The WAI team publishes the document as a Working Draft to ask for review and input from the community. The team updates the draft based on feedback. Usually, multiple Working Drafts of a technical report are published.
    2. Wide Review Working Draft: Once all the comments and technical requirements have been addressed, it provides the complete document for community review. At this stage, members of the public are invited to leave comments.
    3. Candidate Recommendations: The main purpose of the Candidate Recommendation is to ensure that the technical report can be implemented. At this stage, developers are encouraged to use the new version of WCAG in their projects.
    4. Proposed Recommendation:  After implementing each feature of the technical report, the W3C announces it as a Proposed Recommendation for W3C membership endorsement
    5. W3C Recommendation: Once there is significant support for a new version of WCAG from the W3C Members, the W3C Director, and the public, it becomes an official W3C Recommendation. 

    It’s important to understand that WCAG is a living document, consistently updated to meet changing technology and digital accessibility needs. Hence, reaching each milestone takes time. WCAG needs to apply to different types of digital content and be reasonably future-proof.

    But which version of WCAG should you use to test your content?

    Which Version of WCAG Should I Use To Test My Content?

    WCAG offers businesses a straightforward way to test their web content for accessibility issues. Each version of WCAG is designed for backward compatibility, including all previous guidelines and adding new ones. While recent versions of WCAG extend the requirements of older versions, the old standards still apply.

    But which version of WCAG should you use for testing? When deciding which version of WCAG to use for testing your content, it’s generally recommended to use the latest version. Using the most recent version will ensure your website complies with the Americans with Disabilities Act (ADA) and other nondiscrimination laws, mitigating the risk of frivolous ADA lawsuits.

    Is WCAG a Legal Requirement?

    While WCAG is not legally binding in every country, many governments require compliance with its guidelines to ensure digital accessibility. For instance, in the US, federal websites must meet WCAG 2.1 Level A and AA requirements under Section 508 of the Rehabilitation Act.

    Similarly, Title III of the ADA applies to private businesses but doesn’t explicitly mention WCAG or provide technical standards for online content. However, the Department of Justice (DOJ) published guidance in 2022 confirming its position that the ADA applies to business websites, stating:

    “…the Department has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”

    – US Department of Justice | Guidance on Web Accessibility and the ADA (2022)

    The Rise of ADA Web Compliance Lawsuits

    Failure to meet these standards can expose businesses to legal challenges, as was the case with Domino’s Pizza in 2019. More recently, there has been a sharp increase in lawsuits related to website accessibility. For example, in 2022 alone, there were 2,387 web accessibility lawsuits filed in Federal Court and California State Court under the Unruh Act. This number doesn’t include the rising number of ADA legal complaints and ADA compliance demand letters sent to businesses with non-accessible websites.

    While WCAG conformance might not be legally required elsewhere, it’s still considered a best practice and can significantly improve the user experience for all visitors.

    Understanding What Conformance Means

    WCAG conformance means that your website meets the criteria set by the WCAG guidelines. This involves more than just ticking off a list of guidelines; it means ensuring your website is accessible and usable for people with various disabilities.

    W3C’s Understanding Conformance explains: “Conformance to a standard means that you meet or satisfy the ‘requirements’ of the standard.”

    There are five requirements for conformance, per W3C:

    1. Conformance Level:  Websites must fully meet Level A, AA, or AAA levels.
    2. Full Pages: Conformance and conformance levels account for the entire website or web page. It does not exclude a part of the website or a web page or evaluate each page individually.
    3. Complete Process:  If a web page is part of a multi-page process where a sequence of steps must be completed to accomplish an activity, all web pages must conform at the specified Level or better. Conformance can only be achieved if all pages in the sequence of steps conform at that Level or better.
    4. Only Accessibility-Supported Ways of Using Technologies: Accessibility-supported technologies must be used to satisfy the success criteria. Any information or functionality not supported must also be available in a way that is accessibility supported.
    5. Non-interference:  If technologies are used in a way that is not accessibility supported, or if they are used in a non-conforming way, they must not prevent users from accessing the rest of the page. Additional requirements may also apply.

    For more information, review W3C’s Understanding Conformance.

    Building a Strategy for WCAG Conformance 

    Every online business should commit to web accessibility. Thankfully, WCAG makes this process more manageable. By planning to test your content against WCAG Level AA, you can find and address barriers affecting your users.

    At 216digital, we’re dedicated to helping businesses achieve WCAG conformance. We can help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms so you can focus on your other tasks.

    Would you like to know where your business stands today? Schedule a complimentary ADA Strategy Briefing with 216digital to get a free scan of any URL and uncover accessibility issues on your site.

    Greg McNeil

    July 10, 2023
    WCAG Compliance
    Accessibility, ADA Compliance, ADA non-compliance, ADA Website Compliance, WCAG, Website Accessibility
  • AI for ADA Web Remediation: Is It the Right Choice?

    AI for ADA Web Remediation: Is It the Right Choice?

    The web, a vast and sprawling network of information, has become a fundamental part of our lives. From education to work, communication to commerce, it shapes how we interact and learn. However, it’s not always as accessible as it should be for everyone. Web accessibility is a pivotal matter that guarantees everyone, including people with disabilities, can perceive, understand, navigate, and interact with the web. But what role does powerful artificial intelligence (AI), like Accessibe, UserWay, and ChatGPT, play in this realm? And, is it suitable for web remediation?

    What is AI?

    Artificial Intelligence (AI) is a field of computer science that aims to create systems capable of performing tasks that usually require human intelligence. This includes learning, understanding language, recognizing patterns, solving problems, and making decisions.

    AI uses various techniques, most commonly machine learning (ML), where machines are programmed to learn and improve from experience. ChatGPT is, of course, a famous example. 

    ChatGPT

    ChatGPT is a state-of-the-art AI language model developed by OpenAI. It leverages machine learning to understand and generate human-like text based on the inputs it receives. ChatGPT and similar machine learning models have vast potential in their applications. Its applications include coding, composing music, writing emails or essays, and playing complex games like Chess.

    While some worry that the mass adoption of AI might take away jobs or make it easier for people to cheat or plagiarize, it has made others question if AI could help with ADA web remediation. While AI has shown tremendous potential in various fields, there are reasons why it may not be the best solution for ADA web remediation. 

    AI and Machine Learning in Web Remediation

    AI and machine learning shows great promise in various fields, including web accessibility. Common AI web accessibility solutions include tools like Accessibe, UserWay, and AudioEye. However, even the most sophisticated AI, like ChatGPT, has limitations. Let’s explore how AI and ML can be applied to web accessibility.

    AI Testing for ADA Web Compliance

    AI systems can be trained to recognize certain patterns, enabling them to evaluate websites against Web Content Accessibility Guidelines (WCAG) criteria. However, this method is not foolproof. 

    Many WCAG requirements, such as ensuring content makes sense when read out of context or assessing whether a site is easy to navigate, require a nuanced understanding of human interaction that AI currently lacks. In fact, AI can only identify 30% of WCAG 2.1 A and AA success criteria. 

    David O’Neill, a well-known figure in accessibility and technology, says, “[AI] can identify accessibility issues, but it cannot replace a human being in terms of applying the necessary context or making the relevant decisions.”

    AI Remediating Accessibility Issues

    When it comes to fixing accessibility issues, AI may fall short. AI can automate some remediation tasks, like adjusting elements on a webpage, such as text size, color contrast, or page navigation. However, this automatic correction can also introduce new accessibility issues. AI algorithms can misinterpret complex web page elements, leading to flawed solutions that don’t fully address accessibility needs or might cause more barriers.

    AI Creating Alternative Text Descriptions

    AI has made significant strides in image recognition, leading to the idea that it could be used to generate alternative text descriptions for images. However, though AI can identify the objects in a photo, it still struggles to provide meaningful context. For example, an AI might recognize and describe an image as “a person standing in a room,” but a human could provide more context, like “John, laughing while decorating the Christmas tree.”

    Predicting and Prioritizing Accessibility Issues

    AI and ML algorithms can predict common accessibility issues based on patterns from past data. However, predicting is one thing; prioritizing and rectifying these issues is the real challenge. AI lacks contextual understanding, which is often vital in prioritizing and addressing barriers. For instance, AI might deprioritize fixing small font sizes based on frequency. Still, for an elderly user or someone with visual impairments, this is a critical issue.

    So, at a glance, AI offers some promising solutions. But should we entirely trust AI for web remediation?

    Limitations of AI for ADA Remediation

    While AI and ML have made strides in web accessibility, it is clear they can’t replace the expertise and experience of a web accessibility agency.

    AI can certainly help identify some common accessibility issues. But to thoroughly evaluate the accessibility of a website and remediate potential problems, you need a detailed understanding of how people with disabilities interact with digital content. This level of insight requires human empathy, contextual understanding, and years of experience, something AI currently lacks.

    AI cannot comprehend the intent of a web page or the nuance behind the design. It can’t understand the user journey in the same way that a professional with experience in web accessibility can.

    Manual Auditing: The Gold Standard

    While automating the process might be tempting, manual auditing remains the gold standard for ADA web remediation. 

    A manual audit offers depth and understanding that AI currently cannot match. With a comprehensive understanding of user experience from various perspectives, human auditors can identify barriers to accessibility that AI might miss. This is because professional auditors are experienced in recognizing how individuals with disabilities navigate and interact with web content.

    By leveraging the expertise of professionals, you can ensure that every aspect of your website meets WCAG standards. They can understand the unique context and nuances of your website, something which even the most advanced AI, like ChatGPT, cannot fully emulate.

    Partner with 216digital for ADA Web Remediation

    When it comes to ADA web remediation, consulting professional web accessibility agencies like 216digital provides a distinct advantage. Our team of experts understands the intricacies of web accessibility and how to make your website more accessible and compliant with ADA and WCAG guidelines.

    Unlike AI, 216digital offers customized strategies based on a comprehensive understanding of your website and its users. We don’t just look for issues; we also devise the best ways to remediate them in light of your site’s purpose and design.

    As David O’Neill points out, “There is a role for automation in accessibility… [But] there is also a clear need for manual testing.” At 216digital, we combine the best of both worlds, using technology to aid in identifying issues while relying on our human expertise for effective remediation.

    For comprehensive ADA web remediation, trust the experts at 216digital. Schedule a complimentary ADA Strategy Briefing today.

    Greg McNeil

    June 15, 2023
    Testing & Remediation
    Accessibility, ADA Compliance, ADA non-compliance, ADA Website Compliance, Website Accessibility, Website Accessibility Tools
  • What is Manual Testing and Remediation?

    What is Manual Testing and Remediation?

    Are you a website owner striving to make your site more accessible? If so, you’re already ahead of the curve, recognizing the critical role of web accessibility in our digital age. So far, you might have relied on automated tools for testing web accessibility. While these are useful, they have limitations. That’s where manual testing and remediation come into play.

    But what is manual testing? If you’ve heard of the term but aren’t quite sure what it means, don’t worry! We’ve got you covered. This article will give you an in-depth understanding of manual audits and how to use them to make your site more inclusive. Let’s dive in!

    The Current Limits of Automation

    Automated tools have made testing websites for accessibility issues a breeze, detecting common problems quickly and efficiently. However, they can’t replicate the intuition, judgment, and understanding of real human users. While automated tools can detect clear-cut technical issues, they miss out on nuances only a trained professional can spot.

    In fact, 70% of accessibility issues require a human review to correctly interpret standards and navigate gray areas outside automation’s grasp. The limited scope of even the most advanced automation will leave many compliance issues unresolved and your company at risk for a frivolous ADA lawsuit. That’s because web accessibility isn’t just about ticking boxes or passing tests; it’s about creating an enjoyable user experience for everyone. And this is where manual testing excels.

    What is Manual Testing and Remediation?

    Manual testing and remediation is a hands-on approach to web accessibility. Accessibility experts will navigate through your site, examining each element to ensure it meets the Web Content Accessibility Guidelines (WCAG).

    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 help diagnose subtle hindrances to accessibility. This thorough testing method often helps to find accessibility issues caused by code that technically conforms to WCAG. However, these issues will cause unexpected problems for some or all users with disabilities. 

    Once the manual audit is complete, the experts will deliver a report providing recommendations for remediation. A developer will then use that report to analyze and fix the site’s source code.

    Why Choose Manual Testing?

    It’s the human touch! Computers are great for many things, but they can’t replicate the intuition, judgment, and understanding of real human users. While automated tools can detect clear-cut technical issues, they miss out on nuances only a trained professional can spot. Some of these include:

    Functionality

    Imagine trying to navigate your site without a mouse. Sounds challenging, right? Yet, this is a reality for many users. Some people may use only a keyboard or switch devices to navigate the web due to physical impairments or personal preference. 

    Manual audits involve navigating your website using only a keyboard to ensure that all interactive content and functionalities are reachable and usable. Basic keyboard controls include the Tab and arrow keys to navigate through links, buttons, and form fields and Enter to select. Your site should allow users to skip to main content areas or navigation menus with keyboard shortcuts to prevent ‘Tab fatigue.’

    While automated audits can detect some critical features for functionality, they are not able to test for the following:

    • Contains focus outlines, highlighting focused elements such as form fields or button
    • Navigating header menus and links 
    • Navigating through one and or multiple pages 
    • Keyboard traps (Users are unable to move away from a selected element)

    Screen Reader Compatibility

    Screen readers are assistive tools that convert on-screen text into spoken words or braille output. Low-vision users most commonly utilize this tool, and it can be challenging to replicate through automated testing. 

    During manual testing, however, professionals can use screen readers to navigate the website to ensure that all visual information is read aloud accurately, allowing low-vision users to interact effectively with all elements. This includes images, links, form fields, buttons, and more. 

    For example, if you have an image on your site, that’s essential for understanding the content. Automated tools might recognize the existence of the image and its associated text description. Still, they won’t be able to judge if the alt text accurately represents the image’s content. 

    Content Review

    The content of your website is its bread and butter. Without your content functioning as intended, you could leave your users scratching their heads. 

    While it’s not difficult for an automated scanner to detect if pages have missing content, such as alt text or page header, it can’t notice if they are used in the correct context or if it makes sense for the user. Utilizing a manual audit will ensure that content is readable and makes sense not just for the user but for search engines, which can directly lead to more business opportunities for a company.

    A content review includes ensuring text is clear and readable, images have alternative text descriptions (also known as ‘alt text’), and information is presented logically and in understandable order.

    When a Manual Audit is Needed

    A manual audit must be conducted on a website instead of just an automated scan. Automated audits can’t account for the nuances of human consciousness, and it’s essential that all users have the same experience regardless of their disability. For people with disabilities, navigating online is a personalized and delicate process, as should the auditing process.

    Facing an ADA Web Accessibility Lawsuit

    Under more severe circumstances, if you’re facing a lawsuit, you must fix any issues cited in the complaint. The biggest problem with these complaints is that they’re vague, and this is usually done on purpose for two reasons:

    • Easier to justify the lawsuit
    • Allows enough wiggle room to allow plaintiffs to file a copycat lawsuit or sue again for a different issue, claiming that the problems were never fixed.

    So getting a manual audit and taking your website through some digital remediation is significantly less than the cost of a lawsuit because not only do you have to pay for the suit, but you’ll also be paying legal fees and your chances of actually getting out of a lawsuit are slim to none as 95% of them are settled outside court. 

    What Components Make A Good Manual Audit?

    All audits are not created equal, but a good audit report will be very detailed and thorough. It starts with the scope of the audit in conjunction with the detail and clarity in which it is conveyed to you and your web developer. 

    Your audit serves as a blueprint that needs to be followed step-by-step to fix the problems on your website and make it accessible. So having a report that is too broad can cause you to miss important details or, if they’re too vague, you could still be missing vital information. 

    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: The report will specify what WCAG criteria were violated, their location on your website, screenshots and code snippets for clarity, and how severe they are.
    2. Recommendations for remediation: The report will offer practical solutions to remediate issues, the urgency to fix them, and the link to exact WCAG guidelines
    3. Compliance level: It should indicate how compliant your website is with established accessibility standards, like the WCAG.
    4. User-focused insights: It should include feedback from users with disabilities, offering a real-world perspective on how accessible your website is.
    5. Ongoing Web Accessibility: Suggest tools or practices for maintaining accessibility in the future.

    We use an Excel Spreadsheet with multiple tabs detailing these issues comprehensively to ensure that you or a developer can clearly understand the problems and methodically go through the audit to implement the required changes.

    What You Should Look for in an Accessibility Partner

    When choosing an accessibility partner, you should first look for expertise and experience. Website accessibility is both a confusing and highly litigious process that requires experts to guide clients through and resolve these problems. 

    A good measurement of whether you have a qualified accessibility partner is by asking:

    • How many audits have they done?
    • What are the professional credentials?
    • How many years have they been in business? 
    • What is their process to find non-compliant issues?
    • Do they offer remediation services or guidance for identified issues?
    • Do they provide aftercare training or tools to maintain accessibility in the future?

    Every website is different, so having professionals that are thorough and will check every non-compliant finding is critical. 

    Bring Your Site to a New Level of Accessibility

    Enhancing your website’s accessibility is an ongoing process. While automation is an excellent starting point, manual testing, and remediation are indispensable for comprehensive web accessibility. By going beyond the capabilities of automated tools, you’ll create a site that meets legal requirements and a platform that truly resonates with your entire audience, opening doors to even greater user engagement and broader markets. So, make the move and bring your site to a new level of accessibility today with 216digital!

    At 216digital, we can help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms. To learn more about how the ADA experts at 216digital can help build an ADA WCAG 2.1 compliance strategy to achieve ongoing, real-world accessibility on your terms, schedule an ADA Strategy Briefing.

    Greg McNeil

    June 15, 2023
    Testing & Remediation
    Accessibility, ADA Compliance, ADA non-compliance, ADA Website Compliance, manual audit, Manual Testing, Website Accessibility
  • A Comprehensive Guide to ADA Web Compliance

    A Comprehensive Guide to ADA Web Compliance

    As a business owner, you are likely aware that the Americans with Disabilities Act (ADA) is a federal law mandating inclusion for people with disabilities in all areas of public life. Did you know, however, that these protections also extend to websites? The number of website accessibility lawsuits has steadily risen — from 2,314 in 2018 to 4,061 in 2022.

    But don’t worry. We’ve got you covered! In this guide, we’ll take a look at what you need to know as an online business owner about the ADA and its implications for your website, including:

    • What is the ADA?
    • Who Has to Be ADA Compliant?
    • How Does the ADA Assess Web Accessibility?
    • The Rise of ADA Web Compliance Lawsuits
    • Why You Need to Take ADA Web Compliance Lawsuits Seriously
    • Find Out If Your Website is ADA Compliant

    What is the ADA?

    The ADA, or the Americans with Disabilities Act, is a federal law that prohibits discrimination against people with disabilities in all areas of public life. The primary goal of this law is to ensure that people with disabilities have the same rights and opportunities as everyone else.

    The ADA draws on the precedent set by Section 504 of the Rehabilitation Act, which guarantees certain rights to people with disabilities. However, the Rehabilitation Act was very limiting, only applying to the government sector (later amended and updated by Section 508).

    What Does the ADA Cover?

    ADA is a very broad piece of legislation that is divided into five titles. The part of the ADA that affects the way that businesses serve customers and employees is called “Title III.”

    Title III of the ADA, which affects how businesses serve customers and employees, prohibits discrimination in “places of public accommodation.” These “public accommodations” refer to privately owned entities such as restaurants, schools, recreation facilities, and retail stores.

    The ADA necessitates two main things:

    1. Employers must provide necessary accommodations for employees with disabilities to perform their job duties, which may involve accessible restrooms and appropriate office equipment.
    2. Businesses must ensure that their services are accessible to customers with disabilities. This requires features such as wheelchair ramps for building entrances, American Sign Language (ASL) interpretations, and accommodations for service animals.

    Who Has To Be ADA Compliant?

    There’s a common misconception that ADA only applies to large corporations or physical brick-and-mortar stores. Any business with 15 or more employees or any that operates publicly must comply with the ADA. However, this rule does not apply to websites—businesses of all sizes may be served with ADA non-compliance litigation.

    That means that ADA affects:

    • Places of entertainment such as theaters and concert halls
    • Restaurants
    • Retail stores
    • Doctors’ offices 
    • State and local government offices, employment agencies, and labor unions
    • Schools and daycare facilities

    Is ADA Compliance Mandatory for Websites?

    While it was clear from the beginning that the ADA would affect brick-and-mortar stores, it was less obvious if it would cover websites and online applications. As the internet and websites started to play a bigger role in how consumers interact with businesses, the way the ADA is applied to web accessibility had to change.

    In 2010, the Department of Justice (DOJ) began rulemaking activity to assert that all business websites are “places of public accommodation” under Title III of the ADA. The final Notice of Proposed Rulemaking, however, has been postponed by the DOJ multiple times.

    It wasn’t until late 2021 and early 2022 that the DOJ entered into multiple settlement agreements concerning the accessibility of websites used for COVID-19 vaccines. These emphasized that the DOJ “…has consistently maintained that the ADA’s requirements apply to all goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”

    Today, US courts apply ADA accessibility requirements to all online domains, including websites and other web-based applications. Consequently, businesses should strive to comply with ADA rules.

    How Does the ADA Assess Web Accessibility?

    Due to the DOJ’s delay in releasing technical standards for web accessibility, confusion has emerged among businesses and website owners about what is required for ADA compliance. As a result, the DOJ often refers to the Web Content Accessibility Guidelines (WCAG), developed by the World Wide Web Consortium (W3C), as the standard for ADA web compliance. 

    WCAG 2.1 Level AA has become the benchmark for ADA web compliance, even referenced in many joint lawsuits with the DOJ. However, it is important to note that there is no legal standard— even achieving WCAG 2.1 AA conformance does not fully protect you from lawsuits. 

    WCAG 2.1 consists of 78 success criteria written as pass-or-fail statements that address common accessibility issues, such as miss or non-descriptive alternative text and keyboard navigation. 

    The Rise of ADA Web Compliance Lawsuits

    An ADA web accessibility lawsuit can be filed by anyone who feels they have been discriminated against due to a website’s inaccessibility.

    The ADA’s relevance to websites and online applications is more than just theoretical. Since 2017, ADA Title III related lawsuits have skyrocketed, with 2,314 lawsuits filed in 2018 and over 4,061 cases in 2022. Overall, web accessibility lawsuits have increased by 175% over the past five years. Furthermore, these figures don’t include the rising number of ADA legal complaints and ADA compliance demand letters sent to businesses with non-accessible websites.

    In 2022, 1,500 demand letters were sent per week. This represents a steep incline in legal actions pursued following the notice of non-accessible websites on the internet. 

    As an online business or website owner, it’s critical to ensure your website is accessible to everyone, regardless of their disability. Doing so not only helps avoid legal action but also broadens your audience.

    What Are the Most Common Accessibility Issues Cited In Legal Claims?

    Most ADA website compliance lawsuits center around a few recurring issues, including:

    1. Missing Image Descriptions or Alt Text: Images should have descriptive alt text that provides context or meaning for those who can’t see them.
    2. Empty Links and Buttons: All links and buttons should have descriptive labels or text to inform users about their purpose.
    3. Info and Content Structure: Information should be organized logically, and the content structure should be easily navigable by assistive technologies.

    Why You Need to Take ADA Web Compliance Lawsuits Seriously 

    Web accessibility cases against large companies like Domino’s, Netflix, and H&R Block made headlines. However, most lawsuits are against small to medium-sized businesses. In 2022, 72% of ADA non-compliance lawsuits involved companies with less than $50 million in annual revenue.

    These lawsuits can lead to stiff penalties. 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. Since the court would inevitably favor the plaintiff, small business owners often feel they have no choice but to settle out of court. But even the average ADA website lawsuit settlement still comes to $35,000. 

    The implications are clear: a non-accessible website is a significant liability for any company operating on the web today.

    Find Out If Your Website is ADA Compliant

    As a website owner, you must ensure your site is accessible to all, including those with disabilities. Understanding ADA Title III is a crucial step toward achieving this goal. Although the process may seem daunting, it’s a worthy investment that helps you avoid legal complications and improves your website’s usability and reach. So, why not start reviewing your website’s accessibility today?

    Find out if your website is ADA compliant today by scheduling a 15-minute complimentary website audit and consultation with our experts at 216digital. We can help determine if your website is at risk of a lawsuit and offer fast, effective ADA compliance solutions. This ensures your site is accessible to everyone, reducing your risk of litigation so you can continue focusing on what matters most: running your business.

    Greg McNeil

    June 15, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA non-compliance, ADA Website Compliance, Website Accessibility, Website Accessibility Tools
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