Website Accessibility Archives - Page 9 of 16/Tag

Are ADA Lawsuits Truly Addressing Web Accessibility Concerns or Financial Motives?

The Americans with Disabilities Act (ADA) was enacted in 1990 to prohibit discrimination and ensure equal opportunities for people with disabilities, promoting accessibility in physical spaces, employment, transportation, and communication. Its core intent was, and still is, to remove barriers, offering individuals with disabilities equitable access to spaces, services, and information. Yet, as technology evolved, so did the legal landscape.

Today, ADA lawsuits increasingly target digital spaces, focusing on web accessibility. However, many argue that many of these cases may be financially motivated rather than genuinely aimed at improving user accessibility.

This article will explore whether ADA lawsuits in the digital realm truly address accessibility concerns or have become vehicles for profit, disproportionately affecting small businesses and often failing to create meaningful accessibility changes.

ADA’s Original Purpose: Accessibility for All

Digital spaces were in their infancy when the ADA was introduced, and web accessibility wasn’t yet a primary focus. Over time, however, the need for digital accessibility became apparent as websites and apps became essential tools for daily life. The ADA’s promise of equal access naturally extended into these new spaces, with courts ruling that websites should be accessible to individuals with disabilities. In principle, these lawsuits aimed to push businesses toward compliance, making the digital world as accessible as the physical one.

However, the sharp increase in web accessibility lawsuits has sparked debates. While some argue that these lawsuits hold businesses accountable, others claim they’ve strayed from the ADA’s purpose and are instead exploited for financial gain.

The Surge in Web Accessibility Lawsuits: Financial Motives or Accessibility Goals?

Data shows a dramatic increase in ADA-related digital accessibility lawsuits. According to a report from UsableNet, over 4,000 digital accessibility lawsuits were filed in 2023 alone, with the majority in industries like retail, food service, and e-commerce. Many of these lawsuits are part of what some legal experts call “drive-by” or “surf-by” suits, where plaintiffs—or law firms—quickly identify accessibility issues, sometimes without ever attempting to use the site.

A well-known case involves Domino’s Pizza, which was sued by a visually impaired man who claimed the company’s website and mobile app were incompatible with his screen reader, making ordering food online impossible. In this instance, the lawsuit gained national attention, ultimately resulting in the Ninth Circuit Court ruling in favor of the plaintiff. While this case had an accessibility-focused outcome, it highlighted the complexities of web accessibility requirements under the ADA. Smaller businesses, however, often lack the resources to navigate lengthy litigation, and settlements can be a quicker option.

High-Profile Examples and “Drive-By” Suits

Certain plaintiffs and legal firms have been linked to hundreds, if not thousands, of ADA lawsuits. These “drive-by” or “surf-by” suits are often filed in large batches across multiple jurisdictions, targeting businesses with minor web accessibility issues. In these cases, it’s common for plaintiffs and attorneys to demand settlements without requiring that accessibility issues be addressed. This approach raises questions about the true intention behind these cases: Are they serving individuals with disabilities or simply a means to extract settlements?

High-profile cases aside, small businesses bear the brunt of such lawsuits. For example, a local bakery or a small online retailer with limited technical knowledge and budget may unknowingly operate a website that needs to be fully ADA-compliant. When targeted by a lawsuit, they often find the cost of defending themselves too high, pushing them toward a settlement which rarely requires accessibility improvements.

The Disproportionate Impact on Small Businesses

Due to limited resources and awareness, small businesses are especially vulnerable to ADA lawsuits. Unlike large corporations, small business owners often lack dedicated legal or compliance departments, making it difficult for them to implement and maintain accessible websites. The financial strain can be significant; they face legal fees, potential settlements, and the cost of redesigning their websites for compliance.

For many small businesses, even the threat of an ADA lawsuit is enough to cause financial stress. Paying legal fees and settlements can exhaust their budgets, sometimes leading to layoffs or even closures. While larger businesses may view these costs as part of risk management, small businesses face disproportionate consequences despite representing a smaller fraction of the digital marketplace.

Are ADA Lawsuits Leading to Real Accessibility Improvements?

With the increase in ADA lawsuits, one might assume that digital accessibility has improved dramatically. However, evidence suggests otherwise. Many cases settle out of court without requiring the business to make its website accessible. In these instances, settlements may address plaintiffs’ demands but leave broader accessibility issues unresolved.

While larger companies might use settlements to improve accessibility, smaller businesses often struggle to implement changes even after legal action. Without clear guidelines from the ADA on web accessibility standards, businesses are left in a legal gray area, leading to inconsistent and often inadequate improvements. For meaningful change, legal actions would need to enforce accessibility upgrades as part of their resolutions. Unfortunately, in many cases, financial gain appears to take precedence over accessibility outcomes.

How to Protect Yourself from Frivolous ADA Lawsuits

Despite the challenges, businesses can proactively mitigate the risk of ADA lawsuits and ensure their websites are accessible. Here are several strategies:

Conduct Regular Accessibility Audits

Regularly assessing your website for accessibility compliance is essential. Automated tools and manual testing can help you catch and fix issues that may otherwise go unnoticed. While automated tools can identify many technical problems, manual testing is often necessary to ensure a website is accessible.

Follow WCAG Guidelines

The Web Content Accessibility Guidelines (WCAG) 2.1 are the global standard for web accessibility. While not legally binding under the ADA, adhering to these guidelines demonstrates a commitment to accessibility and can help businesses defend themselves against lawsuits.

Partner with Accessibility Experts

Hiring an external firm with expertise in web accessibility can provide invaluable insights and help you develop a compliance strategy. Accessibility experts like 216digital understand the nuances of ADA and WCAG compliance, making them well-equipped to help businesses avoid common pitfalls.

Stay Informed on Legal Trends

ADA compliance in the digital space is rapidly evolving, and staying informed on relevant lawsuits and rulings can help businesses understand potential risks. Engaging with industry groups or associations that focus on digital accessibility can also provide guidance and resources.

Maintain Documentation and Accessibility Policies

Documenting your efforts to comply with accessibility standards can help demonstrate a proactive approach. Maintaining a web accessibility policy and records of improvements can strengthen your defense if faced with a lawsuit.

Moving Toward Meaningful Change in Web Accessibility

For ADA lawsuits to truly serve their intended purpose, they need to result in real accessibility improvements rather than financial settlements alone. While some cases serve as important reminders for businesses to make their websites accessible, the prevalence of drive-by suits highlights the need for more explicit standards and legal reform. Small businesses, in particular, require more guidance and support to achieve compliance without facing financial ruin.

A Call for a Balanced Approach

In conclusion, ADA lawsuits can be a powerful tool for advancing web accessibility, but only if they prioritize access over profit. For meaningful progress, lawsuits should focus on enforcing change rather than leveraging settlements. By adopting proactive accessibility strategies, businesses can protect themselves from frivolous lawsuits and contribute to a more inclusive digital landscape for all users.

By taking steps to prioritize accessibility, companies can reduce their exposure to ADA lawsuits and ensure that their websites are accessible to all users, fulfilling the original purpose of the ADA. For any organization, compliance is a legal obligation and an opportunity to create an inclusive and user-friendly digital experience.

Ready to get started? Schedule a complimentary ADA strategy briefing with 216digital today. Let’s work together to protect your online business!

Greg McNeil

November 4, 2024

Legal Compliance

Accessibility, ADA Compliance, ADA Website Compliance, Web Accessibility, Website Accessibility
ADA Compliance: What You Can and Can’t Control

Let’s be honest—navigating ADA compliance can feel like a lot, especially when you’re managing a busy website. But the good news? There are plenty of things you can control that will make your site more accessible to everyone. By taking a few simple steps, you’ll create a better experience for users, expand your audience, and avoid potential legal issues.

In this guide, we’ll break down what ADA compliance is, explore some actionable steps you can take, and cover ways to handle the parts that might be out of your control. So, let’s roll up our sleeves and dive in!

What is ADA Compliance?

ADA compliance refers to following the guidelines set by the Americans with Disabilities Act (ADA), which was established to protect the rights of individuals with disabilities. While the ADA initially focused on physical spaces, it now extends to digital spaces like websites.

In simple terms, ADA compliance ensures that your website is usable for everyone—including people with visual, auditory, physical, or cognitive disabilities. The ADA works hand-in-hand with the Web Content Accessibility Guidelines (WCAG), which outline best practices for creating accessible digital content. Meeting these guidelines is not just about following the law; it’s about making your website open and welcoming to all users.

Website Design and Development

Making your website accessible starts with thoughtful design and smart development choices. Here’s how you can set the stage:

Use Semantic HTML

Think of HTML as your website’s blueprint. When it’s organized logically, it makes it easier for assistive technologies (like screen readers) to guide users through your site. Use clear headings, lists, and tags like <h1> for main headings and <h2> for subheadings. This way, your content isn’t just well-organized—it’s also easy for everyone to navigate.

Enable Keyboard Navigation

Not everyone uses a mouse to get around online, so make sure users can tab through your site smoothly. All interactive elements—buttons, forms, menus—should be accessible via keyboard alone. To test this, try navigating your site using only your keyboard. If you hit a dead end, that’s a sign something needs fixing.

Ensure Sufficient Color Contrast

Nobody wants to squint to read your content, especially users with visual impairments. Use strong color contrast between text and background, so everything is easy to read. The minimum recommended contrast ratio is 4.5:1 for regular text and 3:1 for larger text. Not sure if your colors are cutting it? Tools like WebAIM’s Contrast Checker can help you out.

Provide Descriptive Alt Text for Images

Images are great for grabbing attention, but if they’re not described properly, they can be a barrier for screen reader users. Make sure every image has alt text that explains what’s in the picture and why it’s there. Be descriptive—something like “Red winter coat with a 30% off discount tag” tells a much more straightforward story than just a “sale image.”

Ongoing Monitoring and Testing

Getting your website accessible isn’t a “set it and forget it” deal. It’s more of an ongoing process that keeps your site up to standard:

Conduct Regular Accessibility Audits

Use tools like WAVE or Lighthouse to scan your site regularly for potential accessibility issues. These tools are like your website’s personal trainers—they’ll point out areas that need improvement, like missing alt text or insufficient color contrast.

Engage in User Testing

Automated tools are great, but there’s no substitute for feedback from real users—especially those with disabilities. Invite them to test your site and pay close attention to what they say. Their insights can reveal accessibility gaps that you might not have noticed.

Content Management and Regular Updates

Content is a big part of ADA compliance. Here’s how to keep it accessible and user-friendly:

Provide Content in Accessible Formats

PDFs and Word files are common on websites, but they’re not always easy for assistive technologies to read. Try converting documents to HTML or using accessible PDF tools to ensure everyone can engage with your content.

Keep Content Updated

Just like fashion, accessibility standards change over time. Make a habit of revisiting older content—blog posts, documents, even videos—to ensure they still meet current accessibility standards.

Avoiding Overlays

It can be tempting to install a quick-fix accessibility overlay, especially if you’re short on time. But here’s the thing: overlays often don’t solve the real issues. In fact, they can create more problems for users who rely on assistive technology. The better approach? Make direct changes to your website’s code, design, and structure for more meaningful accessibility improvements.

What You Can’t Control: Third-Party Content and Vendors

Even if you make your website as accessible as possible, certain elements are out of your direct control. But don’t worry—there are still ways to manage these challenges:

Third-Party Plugins and Widgets

Plugins and widgets can boost your site’s functionality, but they can also introduce accessibility barriers. Before installing any third-party tools, check their accessibility features and look for compliance documentation.

Content Management Systems (CMS)

Depending on the CMS you’re using—like WordPress, Shopify, or Squarespace—you might run into accessibility limitations. Whenever possible, choose accessible themes and templates, and use plugins that enhance rather than hinder site accessibility.

Outsourced Web Development and Content Creation

If you hire developers or content creators, make sure ADA compliance is part of your project requirements. Set clear expectations and conduct follow-up audits to ensure everything meets accessibility standards.

User-Generated Content

Comments, reviews, and user-generated content are valuable for your site but can pose accessibility challenges. Moderate content when possible and encourage users to follow basic accessibility guidelines, like adding alt text to images they post.

Strategies for Managing What You Can’t Control

While some aspects are beyond your control, there are ways to work around them:

Vetting and Selecting Accessible Vendors

When choosing third-party vendors or services, go with those that have a reputation for accessibility. Look for vendors that provide compliance documentation and are willing to help with accessibility support.

Adding Disclaimers and Providing Alternatives

If you have third-party content that might not be fully accessible, consider adding a disclaimer to inform users. Offer alternatives, like accessible document formats or a contact method for users who need assistance.

Foster Communication and Collaboration

ADA compliance works best when everyone’s on the same page. Encourage open dialogue about accessibility with your team, developers, and third-party partners. When everyone understands its importance, it’s easier to make your site truly inclusive.

Conclusion

Making your website accessible doesn’t have to be intimidating. By focusing on what you can control and actively managing third-party elements, you can create a site that’s welcoming to everyone. Plus, it’s not just about avoiding legal risks—it’s about building a better experience for all your users.

So, take it one step at a time. As you make improvements, you’ll reach a wider audience and create a more inclusive online space. And if you’re unsure about where your site stands, don’t hesitate to reach out to experts like 216digital for a free accessibility review. You’ve got this!

Greg McNeil

October 23, 2024

How-to Guides, Testing & Remediation

Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
5 Accessibility Mistakes to Dodge This Holiday Season
Many eCommerce businesses make most of their income during the holiday shopping season, so your website must perform to the best of its ability during the Black Friday and Cyber Monday promotions. Web Accessibility is probably the last thing on your mind when you’re already in a frenzy to ensure you’re maximizing every visit to your website. However, you may be leaving money on the table or making yourself vulnerable to expensive litigation if you don’t stay diligent with your digital inclusivity.

For many customers—especially those with disabilities—shopping online is their primary option. If your website isn’t accessible, you’re alienating a significant portion of your audience (up to 20%) and potentially violating the Americans with Disabilities Act (ADA).

To help you prepare for the holiday rush, let’s go over five common web accessibility mistakes businesses make during holiday promotions and how you can avoid them.

Insufficient Alt Text for Images

Holiday promotions often rely on eye-catching images, banners, and product displays. However, if those images lack appropriate alt text, customers using screen readers won’t be able to understand their content. Alt text (short for alternative text) provides a textual description of an image that’s accessible to screen reader users.

Why It Matters

Alt text is essential for individuals with visual impairments. If a visually impaired customer is browsing your site and encounters an image without a proper description, they’ll have no idea what’s being displayed. Imagine running a huge Black Friday sale, but your best deals are hidden from a portion of your audience simply because your images aren’t described.

How to Fix It

As you add promotional banners and products to the website, always make sure you’re adding alt text to the images. Here’s an example:
```
<img src=" winter-sale-banner.jpg" alt=" Banner for Winter Sale - Up to 50% off jackets and coats">
```
Do not use image file names or vague text such as “sale-img” or “Sale Image”. Make sure the alt text contains enough information that the user understands the purpose of the image and contains any words that appear on the image.

Poor Color Contrast

With holiday promotions comes festive design—bright colors, eye-catching buttons, and themed decorations. While these designs may look great, they often fail color contrast standards. Having adequate color contrast is not only good for color-blind users, but it also makes the website easier for everyone to navigate.

Why It Matters

According to WCAG, the minimum contrast ratio between text and background should be at least 4.5:1 for normal text and 3:1 for larger text. When the contrast is too low, customers with low vision or color blindness may struggle to read important information, such as product details or discount codes.

How to Fix It

Use tools like the WebAIM Contrast Checker to ensure your color choices meet the WCAG contrast ratio guidelines. For example, a light gray text on a white background will likely fail the contrast test, but switching to a darker gray or black can make a big difference.

Here’s an example of a common mistake and how to correct it:
```

<p style="color: #cccccc; background-color: #ffffff;">50% off all products!</p>

<p style="color: #000000; background-color: #ffffff;">50% off all products!</p>
```
Pay attention to your text color, button colors, and even the contrast of smaller elements like icons.

InaccessibleNavigation and Controls

Most store owners don’t consider that some users do not navigate their website with a mouse. Even some users without disabilities prefer to use other input methods to quickly navigate some sections of your website.

Why It Matters

Blind and motor-impaired users rely on the keyboard, gestures, or voice commands to navigate your website. If your navigation, contact forms, category filters, and product pages are not properly coded to support these input methods, these users will be denied equal access to the website and may not be able to make a purchase with you at all, losing you a valuable customer and potentially damaging your reputation.

How to Fix It

Regularly test the functional portions of your website with a keyboard. Attempt to start at the homepage, navigate to a category page, use the category filters, add/remove product quantities, and select product options without your mouse. If you encounter a problem with an element, it’s likely not coded using the correct element. You can force an element to receive keyboard focus using the tabindex attribute. The role="button" attribute will help users navigating with assistive technology better understand the purpose of the control:
```
<span class="swatch-button" tabindex="0" role="button">Beige</span>
```
Better yet, use the correct semantic HTML tag to accomplish this:
```
<button class="swatch-button">Beige</button>
```
Semantic HTML helps users relying on assistive technology understand the purpose of controls and also helps Google better understand the structure of your website:
```
<nav>
	<a href="/products">All products</a>
	<a href="/products/sale">Sale products</a>
	<a href="/contact">Contact Us</a>
</nav>
```
Missing Captions on Promotional Videos

Videos are an excellent way to showcase products, promote deals, or explain services during the holiday season. However, many businesses forget to include captions, making the content inaccessible to users who are deaf or hard of hearing.

Why It Matters

Videos contain a lot of important information in the form of spoken words and visual cues. Both blind and deaf users rely on accessible closed captions (not just subtitles) to understand the content of the video. Also, some users may be in noisy environments and are unable to hear the video.

How to Fix It

Most popular video platforms have auto-captioning features, but these tend to just subtitle the video rather than create truly accessible closed captions. There are many cheap and easy closed captioning services, such as Rev.com, that have quick turnarounds.

Here’s how you implement closed captions from an external service:
```
 <video controls>
  <source src="promo-video.mp4" type="video/mp4">
  <track kind="captions" src="captions_en.vtt" srclang="en" label="English">
  Your browser does not support the video tag.
</video>
```
Always test the captions to make sure they sync properly with the video and cover both spoken dialogue and important sound effects.

Over-reliance on Automated Accessibility Overlays

It might seem tempting to use automated accessibility overlays, especially during the hectic holiday season. These are often marketed as one-click solutions to make your website accessible. The Department of Justice has issued clear guidance that these solutions are inadequate in addressing web accessibility, and they may get you targeted with litigation.

Why It Matters

Automated accessibility overlays claim to fix all accessibility issues on a website, but they usually fail to address the root problems. Blind users are outspoken that they dislike these solutions as they tend to interfere with the assistive technologies they’re already comfortable with. We’ve also seen these solutions specifically called out in lawsuits as a reason for being targeted.

How to Fix It

The best way to ensure your site is accessible is by addressing the core issues in your code and design. Automated tools can help identify problems, but manual reviews and fixes are essential. Invest in manual audits and focus on meeting the WCAG guidelines through thoughtful design and coding practices.

Here’s an example of using a reliable method instead of relying on an
```

<img src= "holiday-product.jpg" alt= "Red winter coat with a 30% off discount tag">
```
Automated tools tend to use AI to label images and controls and often misrepresent content on the website, leading to a potentially overtly harmful experience.

Conclusion

As you gear up for holiday promotions, make sure accessibility is at the top of your checklist. By avoiding these common mistakes—insufficient alt text, poor color contrast, inaccessible navigation, missing captions, and over-reliance on automated tools—you’ll ensure that your website is welcoming and easy to use for everyone.

Not only does improving web accessibility help you reach a wider audience, but it also protects your business from legal risks and ensures compliance with WCAG and ADA standards. Taking the time to implement these changes now will pay off during the holiday rush and beyond.

If you’re unsure about the accessibility of your site, reach out to 216digital using the contact form below for a free evaluation.
Bobby

October 21, 2024

How-to Guides, Legal Compliance

holiday promotions, How-to, web development, Website Accessibility
Shifting the Mindset Around Website Accessibility
When you think of “website accessibility,” what immediately comes to mind? For many, it may sound like a checkbox to mark off. But what if we transformed that mindset from an obligation to a valuable opportunity? Let’s delve into how shifting our perspective on accessibility can lead to enhanced experiences for all and generate significant value for businesses.

The Current Mindset Around Website Accessibility

Many website owners and content creators now think of web accessibility as something they “have to do.” It’s often seen as a set of rules to follow—like ensuring websites meet legal requirements or comply with the Americans with Disabilities Act (ADA). While meeting these standards is important, viewing accessibility solely as a legal obligation misses the bigger picture.

Accessibility isn’t just about rules; it’s about making digital spaces welcoming for all. This includes people with disabilities who may use screen readers or other assistive technologies. When we think of it this way, we can start to see how accessibility can enhance the overall user experience, benefiting everyone—not just those with disabilities.

The Value of Accessibility for All Users

Imagine visiting a website that’s easy to navigate, with clear text and helpful features. Sounds great, right? That’s what accessibility brings—it makes online experiences better for everyone. When websites are designed with accessibility in mind, they become more user-friendly. This means people of all ages and abilities can find what they need quickly and easily.

Think about a busy parent holding a baby in one arm and trying to use your site with one hand. Designs that make it easier to navigate with a keyboard or have larger buttons help them, just like they help users with motor difficulties.

By embracing accessibility, you’re improving the experience for everyone. This leads to happier users, longer visits to your site, and more people doing what you hope they will—like making a purchase or signing up for a newsletter. When customers find your website easy to use, they’re more likely to come back and tell others about it.

So, accessibility isn’t just about helping people with disabilities; it’s about enhancing the experience for everyone who visits your site.

Accessibility as a Business Opportunity

Now, let’s talk business. Making your website accessible isn’t just the right thing to do; it’s also a smart move. When you make your site easy for everyone to use, you show that your brand cares about inclusivity. This can boost your reputation and attract more customers.

Market Potential

Consider the market potential. People with disabilities have significant spending power. In the United States alone, they have an estimated $490 billion to spend. Globally, when you include their friends and families, this amount rises to an astounding $8 trillion, according to the Return on Disability Group. By making your website accessible, you’re reaching a market that’s often overlooked.

Search Engine Optimization

Accessibility also helps with search engine optimization (SEO), meaning your site can rank higher in search results. Many accessibility best practices—like using alt text for images, clear link texts, and well-structured content—also make your site easier for search engines to understand. This can lead to more people visiting your site, which can turn into increased sales and sign-ups.

Mitigate Legal Risk

Lawsuits related to web accessibility are on the rise. In the U.S., the number of ADA Title III lawsuits filed in federal court increased by over 100% from 2018 to 2023, according to Useablenet. By proactively addressing accessibility, you not only avoid potential legal costs but also demonstrate corporate responsibility, appealing to a broader audience and opening doors to new partnerships.

Accessibility, Innovation, and Creativity for Problem Solving

When we focus on accessibility, we often think about making things easier for people with disabilities. But what if we turned that around? Working on accessibility can spark new ideas and creativity within your team. This can lead to solutions that help all users and make your brand stand out.

Some of today’s most popular technologies, like voice assistants and text messaging, were first developed to help people with disabilities but are now used by everyone. Designing with accessibility in mind encourages teams to think outside the box. For example, adding captions to videos not only helps those with hearing impairments but also makes your content more engaging and improves SEO.

In a competitive market, new ideas are crucial to staying ahead. Accessibility challenges your team to consider different perspectives and needs. This can lead to fresh ideas and solutions that set your business apart.

Connecting Accessibility with Corporate Social Responsibility

Today’s consumers care about more than just the products they buy—they also care about the impact companies have on society. By focusing on web accessibility, you can strengthen your company’s commitment to social responsibility. It shows that you value diversity and inclusion, which can connect with customers who want to support businesses that share their values.

A study by Cone Communications found that 87% of consumers would buy from a company that supports an issue they care about, and 76% would stop buying if they found out a brand acted against their beliefs. By making accessibility a priority, you’re showing a commitment to inclusion, which resonates with values-driven consumers.

Accessibility isn’t just the right thing to do; it’s an important part of modern business ethics. It sends a message that your company wants to make a positive difference.

From “Why” to “How”: Putting Website Accessibility into Action

Changing how we view accessibility—from a duty to an opportunity—requires a new approach. By prioritizing web accessibility, your business can create better digital experiences for everyone while boosting your reputation and expanding your reach.

So, how do you begin? Start small but think big:
- Share Real-Life Stories: Use videos or testimonials that show how people with disabilities interact with digital content. Real stories have a way of making abstract concepts tangible. Seeing the difference their work makes can inspire your team to think creatively about building more accessible features.
- Foster Cross-Department Collaboration: Accessibility should be a shared responsibility. Bring together designers, developers, marketers, and content creators to ensure accessibility is part of every stage of a project. This holistic approach helps create a seamless, inclusive experience for users.
- Integrate Accessibility Into Your Core Strategy: Make accessibility a crucial part of your business strategy and product development. Don’t treat it as an add-on or afterthought. Prioritize accessibility from the beginning of your planning process—whether it’s for a website redesign, a new product launch, or a marketing campaign.
- Keep Accessibility Up to Date: Accessibility isn’t a one-time effort. Schedule regular audits to review your website, apps, and other digital content. Stay informed about changing accessibility standards and emerging best practices to make sure you’re continually improving.
Ready to take the next step? Schedule an ADA briefing with 216digital today. Our experts will walk you through the essentials of web accessibility, help identify gaps, and show you how it can become a key driver of growth for your business. Let’s turn this obligation into a lasting opportunity!
Greg McNeil

October 17, 2024

The Benefits of Web Accessibility

Accessibility, ADA Compliance, SEO, UX, WCAG, Website Accessibility
Debunking Common WCAG Myths
When it comes to digital accessibility, misconceptions can lead businesses astray, leaving them vulnerable to compliance issues and missed opportunities. From believing that automated tools can handle everything to thinking that accessibility compromises design, these myths often create unnecessary hurdles. The truth? Achieving web accessibility is not only possible but it can also be seamlessly integrated into your existing processes.

Let’s debunk some of the most common myths about the Web Content Accessibility Guidelines (WCAG) so your business can take the right steps toward an accessible and inclusive online experience.

Myth 1: Conformance with WCAG = Compliance with Accessibility Laws

One of the most prevalent misconceptions is that adhering to WCAG automatically means compliance with all accessibility laws. While WCAG is widely recognized and often used as a benchmark for accessibility, it is important to note that WCAG conformance is not the same as legal compliance.

The Reality

Different countries have varying legal standards for accessibility, and while WCAG is used as a framework, laws such as the Americans with Disabilities Act (ADA) in the U.S. or the European Accessibility Act (EAA) in Europe may have their interpretations and requirements. For example, the ADA doesn’t explicitly mention WCAG, but U.S. courts frequently use WCAG as the gold standard for determining accessibility in lawsuits.

Therefore, WCAG conformance is essential to achieving legal compliance, but it’s not the only factor. Businesses must stay informed about relevant accessibility laws in their jurisdiction to ensure full compliance.

Myth 2: Automated Tools are All I Need to Conform with WCAG Guidelines

Many organizations believe that using automated tools is enough to ensure compliance with WCAG. Automated testing can catch many accessibility issues, but relying solely on these tools is a mistake.

The Reality

Automated tools are a valuable first step in identifying accessibility issues, such as missing alt text or incorrect HTML elements. However, they cannot fully capture the complexity of human interactions with a website. Accessibility involves factors such as the ability to navigate a site using a keyboard, how intuitive the content is, and whether assistive technologies like screen readers can interpret the content correctly. These are challenges that require manual testing by actual users with disabilities.

Automated testing, manual audits, and user testing with people who rely on assistive technologies are essential to achieving WCAG compliance.

Myth 3: WCAG is a ”One-and-Done”Checklist

Some businesses think that WCAG is a static checklist that, once completed, guarantees permanent accessibility.

The Reality

Digital accessibility is an ongoing process. Websites are living entities that change over time—content updates, new features, or design overhauls. Each change presents the possibility of new accessibility barriers. Furthermore, the WCAG evolves, with updates to reflect new technologies and user needs (e.g., the transition from WCAG 2.0 to WCAG 2.2 with WCAG 3.0 in development).

To maintain compliance, businesses must regularly audit their digital products and ensure that any updates meet the latest WCAG standards. Accessibility should be baked into your organization’s development workflow and continuously revisited.

Myth 4: Only Businesses Who Serve the Disability Community Need to Follow WCAG

A common misconception is that only organizations that cater specifically to people with disabilities need to worry about WCAG compliance.

The Reality

Every business with an online presence should ensure digital accessibility. Over 1 billion people worldwide have some form of disability, which means that nearly every industry has potential customers who need accessible digital experiences. Additionally, in many jurisdictions, accessibility laws apply to many businesses, not just those explicitly serving the disability community.

Web accessibility also benefits a broader audience. For instance, captions on videos can help non-native speakers and accessible forms can improve the experience for all users, regardless of ability.

Myth 5: WCAG Guidelines Will Decrease My Site’s Visual Appeal

There’s a lingering belief that making a website accessible according to WCAG guidelines will compromise its design and visual appeal.

The Reality

Accessibility and good design go hand in hand. WCAG guidelines promote clarity, simplicity, and ease of use—principles that enhance a website’s user experience. Accessible design doesn’t mean dull or unattractive; it means that the site is intuitive and easy to navigate for all users.

Elements like sufficient color contrast, straightforward typography, and intuitive navigation are central to accessibility and aesthetics. Many visually stunning websites are entirely WCAG compliant by incorporating a design that benefits all users without sacrificing creativity or brand identity.

Myth 6: Implementing WCAG Guidelines is Expensive, Time-Consuming, and Resource-Intensive

Some businesses fear that conforming to WCAG guidelines will be a costly, laborious process that demands a complete overhaul of their digital properties.

The Reality

While achieving compliance requires time and resources, it can mean something other than a complete redesign or massive financial outlay. Many accessibility fixes—like adding alt text to images or improving color contrast—are relatively straightforward and inexpensive. Additionally, non-compliance costs, such as legal fees, lost customers, and reputational damage, far outweigh the costs of becoming compliant.

Moreover, integrating accessibility into your development process early on can make future compliance more accessible and cost-effective. Accessibility becomes much more expensive when treated as an afterthought or an add-on rather than part of the core design and development strategy.

How to Make Accessibility Achievable for Every Business

Debunking these myths is essential to understanding that WCAG compliance and digital accessibility are achievable for businesses of all sizes. Here are a few practical ways to approach accessibility:
1. Start Small, Scale Up: If you’re overwhelmed by the scope of WCAG guidelines, start with the most critical aspects and gradually expand your efforts. Begin by addressing the most common accessibility barriers, such as text alternatives and keyboard navigation.
2. Leverage External Expertise: Consider partnering with a digital accessibility expert. External accessibility consultants like 216digital bring specialized knowledge of WCAG guidelines and accessibility testing methods. They can help identify issues, prioritize fixes, and provide ongoing monitoring to ensure your site remains accessible.
3. Use a Hybrid Testing Approach: Combine automated tools with manual and user testing by people with disabilities. Automated tools can handle repetitive checks, but manual testing is vital for uncovering issues that require human judgment and assistive technology testing.
4. Plan for Accessibility from the Start: Integrate accessibility into your design and development process early on. This proactive approach reduces the time and cost of retrofitting accessibility into a live product.
5. Commit to Continuous Improvement: Remember, digital accessibility isn’t a one-time project—it’s an ongoing commitment. Regular audits, training for your team, and staying informed about the latest WCAG updates will ensure you remain compliant over time.
Accessibility is Within Reach

Understanding these common misconceptions about WCAG and digital accessibility is just the beginning. The path to compliance and creating a truly accessible digital experience requires a tailored, proactive approach. At 216digital, we help businesses not only meet WCAG standards but also navigate the complexities of accessibility laws to protect themselves from costly litigation and better serve all users.

Ready to take the next step? Schedule an ADA briefing with our team to ensure your digital presence is compliant, inclusive, and future-proof. Together, we can make accessibility achievable for your business.
Greg McNeil

October 11, 2024

WCAG Compliance

ADA Compliance, WCAG, WCAG Compliance, Web Accessibility, Website Accessibility
Web Accessibility Tips for Restaurants in 2024
As a restaurant owner, creating an accessible and welcoming environment doesn’t just apply to your physical space—it’s equally important online. In 2024, web accessibility is no longer optional. With more diners relying on digital services like online menus and reservation systems, it’s crucial that everyone, regardless of ability, can easily navigate and interact with your website. This guide will walk you through some key ways to make your restaurant’s digital experience accessible for all, including compliance with the latest Web Content Accessibility Guidelines (WCAG).

What is Web Accessibility?

Web accessibility is the practice of creating digital content that can be easily used by individuals with disabilities. This means ensuring that people with visual, auditory, motor, or cognitive disabilities can easily access and interact with your content.

For restaurants, this means making sure that your digital menu and reservation systems are easy to use for everyone, whether they navigate with a mouse, keyboard, or screen reader. But making your website accessible isn’t just about being inclusive—it also helps you meet legal requirements like the Americans with Disabilities Act (ADA).

WCAG Guidelines for Restaurants

WCAG is the global standard for web accessibility. To ensure your restaurant’s website is accessible, you should aim for compliance with WCAG 2.1 at Level AA. Some of the key WCAG principles to keep in mind include:
- Perceivable: Users must be able to experience content, whether through text, images, or other formats like captions.
- Operable: Users should be able to navigate the site with a mouse, keyboard, or voice commands.
- Understandable: The site’s information and operations should be clear and easy to use.
- Robust: The site should work with current and future assistive technologies.
Let’s break down how these principles apply to specific elements of your restaurant’s website, such as menus and reservation systems.

How to Share Your Menu Accessibly

Your menu is the core of your restaurant’s website, and making it accessible can open up your business to more customers. Start by ensuring that your menu is coded properly so that all users can access it. Avoid using PDF formats, which can be difficult for screen readers to interpret.

Use Semantic HTML

Semantic HTML is the building blocks for an accessible website. By using proper HTML tags, you provide structure and meaning to your content, making it easier for users to understand the structure of your content. For a menu, you can use <div> to separate menu items and <span> or <p> for the item’s name, price, and description.

Here’s a sample code snippet for a restaurant menu using semantic HTML:
```
<div class="menu-item-text">
   <h3 class="menu-item-heading">
      <span class="menu-item-name">Bruschetta</span>
      <span class="menu-item-price">$12.90</span>
   </h3>
   <p class= "menu-item-desc">Crispy toasted bread topped with fresh tomatoes, garlic, basil, and a drizzle of balsamic glaze.
   </p>
</div>
```
Provide Text Alternatives for Images

If your menu includes images of dishes, be sure to include alternative text (alt attributes) to describe them. Screen readers use this alt text to inform users what is in the image.

For example:
```
<img src= "grilled-salmon.jpg" alt= "Grilled salmon with mashed potatoes and steamed vegetables"/>
```
Alt text should describe the content of the image in a way that makes sense contextually. In this case, it’s about what the dish looks like and what ingredients are included.

How to Describe Your Menu Items

When writing descriptions for menu items, keep in mind that clear, concise descriptions benefit everyone, especially people with cognitive disabilities. Use simple language and avoid jargon or overly complex phrases. If you have menu items that cater to specific dietary restrictions (e.g., gluten-free or vegan options), make sure these are clearly labeled.

You could add a label like this:
```
<p><strong>Gluten-Free:</strong> Yes</p>
<p><strong>Vegan:</strong> No</p>
```
By making your menu easy to read and accessible, you’re not only helping users with disabilities but also improving the overall user experience.

How to Improve Reservation Booking Accessibility

Online reservations are convenient for both customers and restaurants, but it’s important to make sure your booking system is accessible to all users. Whether you’re using a third-party booking platform or a custom-built system, accessibility should be a top priority.

Use Accessible Form Controls

Forms are a key part of most reservation systems, and making sure these are accessible is essential. First, ensure that every form element has an associated <label> tag. This allows screen readers to correctly identify form fields.

Here’s an example:
```
<label for="name">Name:</label>
<input type="text" id="name" name="name" required>
```
Also, be sure that all form controls can be navigated using only a keyboard. According to WCAG, all interactive elements should be operable through keyboard commands alone. This is important for people with mobility impairments who may not use a mouse.

ARIA Roles and Live Regions

Accessible Rich Internet Applications (ARIA) roles help make dynamic content more accessible. For example, you can use ARIA attributes to alert users of changes in the reservation system, such as confirming their booking.

Here’s an example of using ARIA for a live region that confirms a reservation:
```
<div aria-live="polite" id="confirmation-message">
  Your reservation has been confirmed.
</div>
```
The aria-live= “polite” attribute ensures that screen readers announce updates to the user without disrupting the current interaction.

Timeouts and Error Handling

When implementing a reservation system, make sure that users are given enough time to complete their forms. WCAG 2.1 guidelines recommend providing a way to extend time limits if necessary.

Additionally, clear and helpful error messages should be provided when users make mistakes while filling out forms. Use ARIA to ensure that these messages are communicated to users with assistive technology:
```
<div aria-live="assertive" class="error-message">
  Please enter a valid phone number.
</div>
```
By following these steps, you make it easier for all customers to book a table at your restaurant, ensuring they have a positive experience.

Keyboard Navigation

Make sure that all interactive elements, like buttons and links, can be accessed using a keyboard. This is crucial for people with mobility issues. A logical tab order should guide users through your site efficiently, moving from the main content areas to interactive elements like forms and buttons.

To test this, try navigating your site using only the “Tab” key and see if you can access all functions.

Accessible Calendar Widgets

If your reservation system includes a date picker, make sure it is keyboard-accessible. Some date pickers are difficult to navigate with a keyboard or screen reader, so consider providing users with an accessible alternative, like allowing manual date entry in addition to the calendar.

Here’s an example of a keyboard-friendly date input:
```
<input type="date" id="reservation-date" name="reservation-date">
```
Going Beyond Compliance: User Experience Matters

Meeting WCAG standards is important, but don’t stop there. Think about the overall user experience. For instance, ensuring text contrast is high enough for readability, using large touch targets for buttons, and testing your website on multiple devices can significantly improve accessibility.

An accessible website isn’t just for compliance—it’s a way to expand your customer base and create a better experience for everyone.

A Taste of Accessibility

Web accessibility is the secret ingredient to running a successful restaurant in 2024. By aligning your website with WCAG guidelines, you can ensure that everyone—from loyal customers to new diners—enjoys a smooth and inclusive experience, whether they’re browsing your menu or making a reservation. Beyond just compliance, an accessible site reflects your commitment to every guest, enhancing your reputation and widening your customer base.

At 216digital, we can help you navigate the world of web accessibility, from ADA compliance to optimizing your user experience. Schedule a free ADA briefing with us today and discover how your restaurant’s website can cater to every customer, no matter their abilities. Let’s make your digital presence as inviting as your dining room!
Greg McNeil

October 9, 2024

How-to Guides

ADA Website Compliance, How-to, Restaurants, WCAG, WCAG Compliance, web development, Website Accessibility
ADA Compliance vs Web Accessibility: What is the Difference
As more businesses move online, understanding web accessibility and ADA compliance becomes crucial. These terms are often used interchangeably but represent different aspects of making a website user-friendly for everyone, including individuals with disabilities. Knowing the distinction between web accessibility and ADA compliance can help protect your business from lawsuits while ensuring your site provides an inclusive experience.

In this article, we’ll examine the definitions of web accessibility and ADA compliance, explore their differences, discuss the legal risks associated with non-compliance, and explain how businesses can proactively address accessibility issues using services like 216digital’s Phase 1 remediation.

What is Web Accessibility?

Web accessibility involves designing and developing websites, tools, and technologies to ensure they are usable by people with a wide range of abilities and disabilities. This includes individuals who have visual, auditory, physical, speech, cognitive, or neurological disabilities. The goal of web accessibility is to ensure that everyone, regardless of their disability, can perceive, understand, navigate, and interact with the web.

Web Content Accessibility Guidelines (WCAG)

The primary standard for web accessibility is the Web Content Accessibility Guidelines (WCAG), created by the World Wide Web Consortium (W3C). The latest version, WCAG 2.1, provides a comprehensive set of guidelines aimed at making web content accessible. These guidelines are organized around four core principles, commonly known as POUR:
- Perceivable: Information and user interface components must be presented in ways that all users can perceive.
- Operable: User interface components and navigation must be operable for everyone, including those using assistive technologies like screen readers.
- Understandable: Information and the operation of the user interface must be understandable.
- Robust: Content must be strong enough to work with a wide range of technologies, including those used by people with disabilities.
While WCAG provides the framework for web accessibility, compliance with it is generally voluntary unless law or legal action requires otherwise.

What is ADA Compliance?

ADA compliance refers to meeting the requirements set forth by the Americans with Disabilities Act (ADA), which was enacted in 1990. The ADA mandates that businesses, public services, and other organizations provide equal access to individuals with disabilities. Although the ADA was passed before the internet became mainstream, courts have increasingly ruled that websites are considered public accommodation places, meaning they must be accessible to people with disabilities.

ADA compliance, specifically in the context of websites, refers to whether your site meets the legal requirements of the ADA as interpreted by courts and the Department of Justice (DOJ). No official legal mandate states that WCAG 2.1 must be followed to achieve ADA compliance, but it is widely accepted that adhering to WCAG is the best way to meet ADA requirements.

How Does It Differ From Web Accessibility?
- Web accessibility is the broader concept of ensuring that people of all abilities can use websites.
- ADA compliance is a legal requirement for businesses in the U.S. to provide equal access to individuals with disabilities, which includes making websites accessible.
Web accessibility is a best practice, while ADA compliance is a legal standard. Following web accessibility guidelines, like WCAG 2.1, helps businesses meet the requirements of ADA compliance, but the two terms are not identical.

Is It Possible to Achieve and Maintain Full WCAG 2.1 Compliance?

Yes, but it’s not always easy, especially for bigger, more complex websites. WCAG 2.1 covers a lot of areas—like how text shows up, how media is handled, how forms work, and more. As technology and user needs evolve, keeping up with compliance is an ongoing effort. Regular testing, monitoring, and updates are needed to ensure the site meets the latest accessibility standards.

If you’re worried about protecting yourself from ADA lawsuits, aiming for full WCAG 2.1 compliance is a smart move. It can help reduce your legal risks, but it is only legally required in some cases. Courts have ruled in favor of plaintiffs in ADA lawsuits when websites were not accessible, even if they didn’t meet every single WCAG criterion.

Does Your Website Need to Be Fully Web Accessible to Protect Your Business?

To protect your business from ADA compliance lawsuits, it’s crucial to address the most common accessibility barriers, even if full WCAG 2.1 compliance is not achieved. Many companies focus on making the most essential parts of their website accessible, such as navigation, forms, and checkout processes. This approach can reduce the risk of a lawsuit while allowing businesses to improve their site’s accessibility gradually.

It’s also worth noting that courts have yet to require businesses to meet every WCAG 2.1 guideline to comply with the ADA. However, companies that demonstrate they are actively working to make their sites more accessible—by following best practices and improving critical accessibility issues—are generally better positioned to defend against lawsuits.

The Risk of ADA Compliance Lawsuits

ADA compliance lawsuits have skyrocketed in recent years, especially against businesses with inaccessible websites. These lawsuits can be costly, both in terms of financial settlements and reputational damage. Predatory law firms have begun targeting businesses—tiny and mid-sized companies—that have websites with accessibility issues. These firms often file “copycat” lawsuits, sometimes targeting hundreds of companies with nearly identical complaints.

The financial risk is real. Businesses are often forced to settle the lawsuit or pay legal fees, which can run into tens or even hundreds of thousands of dollars. In addition, businesses may also have to invest in website remediation services to fix accessibility issues.

How Predatory Law Firms Target Websites

Predatory law firms often conduct automated scans of websites to identify accessibility violations, such as missing alt text, poor contrast ratios, or non-functional navigation for keyboard-only users. Once they identify these issues, they send demand letters or file lawsuits, typically hoping that the business will settle quickly to avoid costly litigation.

Unfortunately, even well-meaning businesses that are working on improving accessibility can be targeted. This is why it’s essential to address website accessibility proactively rather than waiting for a lawsuit to happen.

Is Full WCAG 2.1 Compliance Required to Mitigate Lawsuits?

While full WCAG 2.1 compliance is not explicitly required to avoid lawsuits, businesses should aim to make their websites as accessible as possible. The more barriers that are removed, the less likely it is that a website will be the target of a lawsuit.

In most cases, addressing key accessibility issues—such as ensuring all images have alt text, providing video captions, and making the site navigable by keyboard—will significantly reduce the risk of a lawsuit.

Protect Your Business with 216digital

To help businesses avoid the pitfalls of non-compliance, 216digital offers Phase 1 remediation services designed to address the most critical accessibility issues quickly. These services focus on mitigating the risk of ADA lawsuits by resolving common accessibility barriers that predatory law firms often target. By implementing these initial fixes, businesses can start protecting themselves while working toward broader web accessibility goals.

In addition to Phase 1 remediation, 216digital offers ongoing monitoring and testing services to ensure your site remains accessible over time. With a proactive approach, businesses can avoid costly lawsuits and provide a better user experience for all visitors.

Ready to Make Your Website ADA Compliant?

As the digital landscape continues to evolve, ensuring your website is both accessible and ADA-compliant is more important than ever. While full WCAG 2.1 compliance may not always be required, addressing key accessibility issues can significantly reduce your risk of lawsuits and enhance the user experience for all visitors.

Take the next step toward protecting your business and making your website more inclusive. Schedule a personalized ADA compliance briefing with 216digital today. Our team can guide you through Phase 1 remediation and ongoing strategies to keep your site accessible and compliant.
Greg McNeil

October 3, 2024

Legal Compliance, WCAG Compliance

Accessibility, ADA Compliance, ADA Website Compliance, WCAG, WCAG Compliance, Website Accessibility
Accessibility Remediation: Definitions & Guidelines

When you’re getting started with digital accessibility, it’s easy to feel overwhelmed by all the technical jargon to wrap your head around. However, getting familiar with these key concepts is the first step toward making your website more accessible for everyone to use. In this guide, we’ll break down some of the most important terms you’ll come across in accessibility remediation. Whether it’s ensuring your site works well with keyboard navigation or understanding how assistive technologies come into play, we’ve got you covered. This quick rundown will help you get comfortable with the basics and take meaningful steps toward a more accessible site.

Key Terminology in Accessibility Remediation

When it comes to making your website accessible, there are a few key terms you’ll want to get familiar with. Here’s a quick breakdown of the essential terms you’ll encounter as you work to ensure your site is welcoming and usable for everyone.

Usability

Usability is all about how easy it is for people to navigate and interact with your website. The goal is to make sure that no one—regardless of their abilities—struggles to find what they’re looking for or complete tasks. It’s not just about making things functional, but about making them simple, intuitive, and frustration-free for all users.

Remediation

Remediation is just a fancy way of saying “fixing accessibility issues.” These are problems uncovered during an audit or assessment. This could mean tweaking your code, updating content, or adding features to make your site easier for people with disabilities. The idea is to go beyond patching things up and ensure your site works smoothly in the long run.

Compliance

Compliance refers to meeting specific legal guidelines and standards, like the Americans with Disabilities Act (ADA) or the Web Content Accessibility Guidelines (WCAG). Following these rules isn’t just about staying out of legal trouble—it’s about making sure your site is usable by people with disabilities. By staying compliant, you protect your business and ensure an inclusive online space.

Auditing

An accessibility audit is a deep dive into your website to identify any barriers that might prevent people with disabilities from using it fully. These barriers can range from missing image descriptions to confusing layouts. Auditing is the first step in figuring out what needs to be fixed, giving you a clear roadmap to improving your site’s accessibility.

User Testing

User testing is a hands-on way to see how real people—especially those with disabilities—interact with your website. While automated tools can catch some issues, real users can point out things machines might miss, like tricky navigation or features that don’t work well with assistive technologies. It’s like getting an inside scoop on how to make your site better for everyone.

Assistive Technologies

Assistive technologies are tools that help people with disabilities use the web. These include screen readers, voice control software, and alternative keyboards. Knowing how your site interacts with these tools is key to ensuring that all users can access your content.

Screen Reader

A screen reader is software that converts the text on a website into spoken words, allowing visually impaired users to “hear” the content. It’s a vital tool for those who can’t see the screen, helping them access everything from written text to image descriptions.

Keyboard Navigation

Not everyone uses a mouse to browse a website—many people rely on their keyboard to move through a site. That’s why it’s crucial to make sure that all site functions can be accessed using keyboard shortcuts. This includes things like filling out forms, clicking buttons, and navigating menus without needing a mouse.

Alternative Content

Alternative content refers to substitutes for visual or interactive elements that some users can’t access. For example, adding descriptive text (alt text) for images helps visually impaired users understand what’s in the picture. It’s not just about including something—it’s about making sure the alternative content adds value for those who need it.

Accessibility Overlay

An accessibility overlay is a quick-fix tool that can be added to your site to address specific accessibility problems. While it might provide some immediate help, it often doesn’t get to the root of the issues. True accessibility needs to be built into your site’s design and code rather than relying on these temporary fixes.

Accessibility Monitoring

Digital accessibility isn’t something you do once and forget about—it’s an ongoing effort. Monitoring means regularly checking your site to ensure it continues to meet accessibility standards as you make updates or add new content. This way, you can catch any new issues early and make sure your site stays user-friendly for everyone over time.

Compliance Standards and Laws

When it comes to making sure your website is both accessible and legally compliant, there are a few essential standards and laws you need to be aware of. Understanding these helps you avoid potential legal issues and ensures your site is inclusive.

W3C (World Wide Web Consortium)

The W3C is the leading organization that sets the rules and standards for how the web functions. They’re responsible for creating protocols that guide the future of the web, and one of their most important contributions is the Web Content Accessibility Guidelines (WCAG). These guidelines are the go-to standards for digital accessibility, ensuring that online content is usable for people of all abilities.

Web Content Accessibility Guidelines (WCAG)

WCAG is a comprehensive set of recommendations to make web content more accessible to everyone, especially people with disabilities. These guidelines are built around four main principles—Perceivable, Operable, Understandable, and Robust (often called POUR).

In short, these principles ensure that all users can perceive and interact with content, understand how to use the site and that the content works reliably across different technologies and platforms. Following WCAG isn’t just good practice—it’s often a legal requirement.

Americans with Disabilities Act (ADA)

The ADA is a prominent civil rights law in the U.S. that protects people with disabilities from discrimination in various areas of life, including employment, public services, and, now, digital spaces. While the ADA doesn’t specifically mention websites, courts have increasingly ruled that digital accessibility falls under its umbrella. This means your website must be accessible, or you could be at risk of legal action for not complying with the ADA.

Section 508

Section 508 is a law that specifically applies to federal agencies and any organization working with them. It requires that all electronic and information technology, including websites, be accessible to people with disabilities. The good news is that Section 508 closely aligns with the WCAG standards, so if you’re following WCAG, you’re likely on the right track for Section 508 compliance, too.

IDEA (Individuals with Disabilities Education Act)

IDEA ensures that students with disabilities receive a free and appropriate education, and in today’s world, that includes access to digital learning materials. Whether it’s a website, software, or other digital resource used in schools, it must be accessible to all students, including those with disabilities. If you’re involved in the education sector, this law is critical for ensuring digital accessibility in the classroom.

Accommodation Approaches

Making digital content accessible takes a variety of approaches. Here are some essential methods to ensure your website can be used by everyone, regardless of their abilities.

Alt Text

Alt text, or alternative text, is a short description you add to images on your website. This ensures that people using screen readers can understand what the image is showing, even if they can’t see it. Alt text is essential for making visual content accessible to everyone.

Captions and Closed Captioning

Captions provide a text alternative for the spoken content in videos, which is helpful for people who are deaf or hard of hearing. Closed captions take it a step further, including descriptions of non-verbal sounds like music or laughter, so users get the full experience of the video.

Video Description

Video descriptions offer a spoken narration of the visual elements in a video. This allows visually impaired users to understand what’s happening on screen, beyond just the dialogue, by hearing descriptions of actions, settings, or critical visual cues.

Color Contrast

Good color contrast between text and its background makes it easier to read, especially for people with visual impairments or color blindness. By ensuring your site has good contrast, you improve readability and make sure that everyone can engage with your content.

Headings and Landmarks

Using proper headings and landmarks on your website helps users navigate more easily, especially those relying on screen readers. These tools allow users to quickly jump between sections or locate specific content without having to scroll through the entire page.

Text-to-Speech

Text-to-speech technology can convert written text into spoken words, offering another way for users to access content. This is especially helpful for users with learning disabilities, visual impairments, or even those who prefer listening over reading.

Inclusive Design

Inclusive design means thinking about a wide range of user needs from the very beginning of the design process. By considering accessibility from the start, you can build a website that works for as many people as possible, without needing to retrofit fixes later.

Text Resize and Screen Magnification

Some users need to increase text size or zoom in on parts of your website to see them clearly. By allowing for easy text resizing and screen magnification, you’re giving users with visual impairments more control over how they view your content.

Why Accessibility Remediation is Critical

Accessibility remediation isn’t just about checking boxes for legal compliance—it’s about creating an inclusive, user-friendly digital space that welcomes everyone. Let’s dive into why making your website accessible is so important:

1. Inclusivity

At its core, digital accessibility is about inclusivity. Making sure your website is accessible means that people of all abilities can engage with your content, products, or services. This enhances the user experience for everyone, whether they have a disability or not. When your site is easy to use and navigate, you’re creating a welcoming space where everyone can participate equally in the digital world.

2. Legal Protection

Compliance with accessibility standards like WCAG and laws like the ADA isn’t optional—it’s a legal requirement. Failing to meet these standards can result in lawsuits, hefty fines, and serious damage to your brand’s reputation.

3. Improved SEO

Here’s a bonus: many of the same practices that make your site accessible also happen to be great for SEO. For example, providing descriptive alt text for images not only helps visually impaired users but also helps search engines better understand your content. Structured content, clear headings, and easy navigation improve both accessibility and your search rankings. In short, making your site accessible can help you get noticed by more users—including search engines.

4. Market Reach

By ensuring your site is accessible, you’re opening your business up to a much larger audience. About 16% of the global population lives with some form of disability, and when your site is accessible, you’re making sure they can engage with your brand. This isn’t just a moral win—it’s good for business. More accessibility means more customers, which can directly lead to a boost in your customer base and your bottom line.

Take the First Step Toward Accessibility

Now that you’re more familiar with the key terms and concepts behind accessibility remediation, you’re in a great position to start making meaningful changes to your website. From ensuring proper keyboard navigation to creating alt text for images, every step you take improves the experience for users of all abilities—and keeps you on the right side of compliance.

But you don’t have to tackle this alone. At 216digital, we specialize in helping businesses create accessible websites that meet legal standards and enhance user engagement and reach. If you’re ready to make your site more inclusive and avoid potential legal risks, we’re here to guide you through the process.

Schedule a complimentary ADA strategy briefing with our team today. Together, we’ll map out a plan tailored to your business, helping you integrate WCAG 2.1 compliance into your development roadmap. Let’s start creating a digital space that welcomes everyone and sets your business up for long-term success.

Greg McNeil

September 26, 2024

Legal Compliance, Testing & Remediation, WCAG Compliance, Web Accessibility Training

accessibility Definitions & Guidelines, Accessibility Remediation, ADA Compliance, Web Accessibility Remediation, Website Accessibility
Senators Push for Section 508 Update
In recent news, U.S. senators have advocated for an update to Section 508, a vital law ensuring federal websites and digital resources are accessible to all individuals, particularly those with disabilities. But why does this matter to you as a website owner, developer, or content creator? Let’s break down what Section 508 is, why web ADA compliance matters, and how an update could reshape the digital accessibility landscape.

What is Section 508?

Section 508, part of the Rehabilitation Act of 1973, is a law focused on barriers for people with disabilities. In 1998, when the internet became crucial in everyday life, Section 508 was updated to require federal government entities to make their digital services accessible to people with disabilities. Section 508 guides everything from websites and apps to PDFs and videos.

At its core, Section 508 ensures that government websites and digital content are navigable and usable for individuals with disabilities. Some examples of accessibility improvements are implementing features like screen readers for visually impaired users, captioning for those with hearing impairments, or ensuring that people with motor disabilities can navigate websites using only a keyboard.

Check out our article “A Closer Look at Section 508” for more info on Section 508.

What is Web ADA Compliance?

While Section 508 applies specifically to federal agencies, it overlaps with the Americans with Disabilities Act (ADA), particularly when it comes to website accessibility. The ADA, enacted in 1990, requires public accommodations (including businesses and organizations) to be accessible to people with disabilities. Although the ADA doesn’t mention websites, courts have increasingly interpreted its provisions to apply to the digital world.

Now, let’s introduce web ADA compliance. Website owners, especially businesses, are increasingly expected to ensure their digital spaces are as accessible as their physical ones. Some examples of accessibility improvements include ensuring websites meet specific standards, such as providing text descriptions for images (alt text), creating keyboard-friendly navigation, and ensuring that users can zoom in on text without losing content functionality.

If your website isn’t compliant, you may be at risk of legal action, not to mention alienating potential customers or clients who are unable to access your site.

Why the Push for an Update to Section 508?

The internet and technology have evolved significantly since 1998, and while Section 508 has received updates over the years, many argue that it still falls short when ensuring comprehensive digital accessibility. A U.S. Government Accountability Office report found that 48% of federal websites still fail to meet basic accessibility standards.

This failure highlights the growing need for more robust, precise guidelines reflecting the rapidly changing digital landscape. U.S. Senators Bob Casey (D-PA), Chairman of the U.S. Senate Special Committee on Aging, Ron Wyden (D-OR), Chairman of the U.S. Senate Finance Committee, John Fetterman (D-PA), and Tammy Duckworth (D-IL) are advocating for an update to Section 508. They are pushing for modernized standards that consider the latest web technologies and accessibility tools in the Section 508 Refresh Act.

For example, the original guidelines didn’t account for mobile devices or advanced multimedia content, now everyday parts of online experiences. By updating Section 508, the government hopes to set a more potent example for digital accessibility that private sector websites can follow.

Section 508 Refresh Act Proposed Updates

The Section 508 Refresh Act will bring much-needed updates to the law. Here’s what the bill will do:
- Involve People with Disabilities: Federal departments and agencies will now have to include people with disabilities—both as users of government services and information, and as government employees—in the process of acquiring and testing federal technology for accessibility.
- Improve the Complaint Process: The act will reform how complaints under Section 508 are handled and set up a new process for deciding which federal technology gets purchased, with strict accountability to ensure the technology is accessible.
- Require Regular Testing: Federal departments and agencies will need to regularly test their technology to make sure it’s accessible to both federal workers and all Americans who use federal programs and information.
- Appoint Compliance Officers: Each federal department and agency will be required to have qualified, dedicated Section 508 compliance officers to ensure the technology they buy and use is accessible.
How Does Section 508 Affect Your Website?

Although Section 508 primarily applies to federal agencies, its standards can serve as a guideline for businesses and organizations striving to meet web ADA compliance. Here’s how the push for a Section 508 update could affect website owners like you:

Rising Accessibility Expectations

The conversation around digital accessibility is growing, and consumers are becoming more educated about their rights. A more substantial Section 508 could raise the bar for accessibility standards, creating a ripple effect in the private sector. While your business may not be legally bound by Section 508, failing to meet modern accessibility standards can cause a loss of revenue and costly legal engagements.

Avoiding Legal Risks

Over the past few years, ADA-related website lawsuits have increased. Big and small businesses have received expensive lawsuits for not providing accessible websites. An update to Section 508 could bring more attention to web ADA compliance, meaning your business might face heightened scrutiny. To protect yourself, it’s a good idea to stay ahead of any legal requirements by ensuring your website is accessible to all. 216digital offers complimentary ADA risk assessments.

Improving Usability for All Users

Let’s face it: accessibility isn’t just about meeting legal standards. It’s about making your website better for everyone. When your website is accessible, it’s easier to navigate, more user-friendly, and more likely to attract a wider audience. An update to Section 508 could bring more explicit guidelines and tools that can help website owners like you make necessary improvements to usability.

What Does Digital Accessibility Look Like?

Now that you understand why the push for a Section 508 update is essential let’s dive into what digital accessibility looks like. Ensuring your website is accessible means implementing changes that benefit users with disabilities, including those who are blind, deaf, or have mobility impairments. However, these changes often improve the experience for all users.

Here are a few key accessibility features to consider for your website:

Alt Text for Images

People using screen readers rely on descriptive text for images to understand the content on the page. Someone visually impaired would only know what the image is about with alt text. Adding alt text for images isn’t just a best practice for accessibility—it’s also good for SEO, helping your images rank better in search engines.

Keyboard Navigation

Not all users can use a mouse. Many people with mobility impairments rely on keyboard navigation to move through websites. Testing for keyboard navigability (with features like tabbing and clear focus indicators) is critical for accessibility.

Captioning for Videos

People who are deaf or hard of hearing rely on captions to understand video content. Providing captions for all videos on your site is a must for web ADA compliance. Fortunately, many video platforms, like YouTube, offer automated captioning services that you can edit to improve accuracy.

Text Resizing

For users with low vision, being able to zoom in on text is essential. Test your site by zooming pages to 200% and ensure your content adjusts accordingly without breaking the layout. Text resizing is especially important for mobile users who often zoom in to read content on small screens.

Readable Fonts and Colors

Some users need help with reading specific fonts or color combinations. Use simple, easy-to-read fonts and ensure adequate contrast between text and background colors. Contrast improvements will help users with vision impairments and make your website more accessible to read for everyone.

What Can You Do as a Website Owner?

With all this in mind, what steps can you take to ensure your website meets digital accessibility standards and remains web ADA compliant?

Run an Accessibility Audit

Several online tools, such as 216digital’s Accessibility Radar, can help you identify accessibility issues on your website. By running an audit, you’ll see where your site falls short and what areas need improvement.

Learn About WCAG

The Web Content Accessibility Guidelines (WCAG) is the gold standard for digital accessibility. Familiarizing yourself with WCAG 2.2, the latest version, can be a guideline for site improvements. These guidelines cover everything from text alternatives for non-text content to ensuring your site is compatible with assistive technologies.

Work with an Accessibility Expert

If you’re unsure how to start or need help making significant changes, consider hiring an accessibility experts like 216digital. They can help ensure your website meets Section 508 and web ADA compliance standards, reducing your risk of legal issues and improving your overall user experience.

Regularly Update Your Site

Web accessibility requires ongoing maintenance. As your site grows and changes, continually check for accessibility issues. Whether adding new content, launching a redesign, or building new features, accessibility should always be a priority.

Stay Ahead of the Game

With senators pushing for an update to Section 508, there’s never been a better time to focus on digital accessibility. Not only will improving your website’s accessibility help you avoid legal risks, but it will also create a better experience for all users. Staying on top of accessibility trends and best practices is essential for any website owner, developer, or content creator. So take the time now to ensure your site is accessible—it’s not just the right thing to do; it’s good business.

Schedule a complimentary ADA Strategy Briefing to talk with one of our accessibility experts and take the next step with confidence into web accessibility.
Greg McNeil

August 28, 2024

Legal Compliance

digital accessibility, Section 508, Web Accessibility, web compliance, Website Accessibility
Understanding the Limitations for Unruh Act
The Unruh Civil Rights Act (Unruh Act) is a critical piece of California legislation that ensures everyone is entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Initially passed in 1959, it is a cornerstone of California’s commitment to prohibiting discrimination based on sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation.

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

Expansion to Online Businesses

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

Common Scenarios for Unruh Act Claims

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

Robles v. Domino’s Pizza

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

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

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

Statute of Limitations for Unruh Act Claims

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

Timeframes for Filing Claims

In California, the timeframe for filing a claim under the Unruh Act depends on how the claim is handled.
- Through the California Civil Rights Department (CRD): If a plaintiff wants to file a claim through the CRD, they must do so within one year from the date of the alleged discrimination.
- Privately: If the claim is filed privately, not through the CRD, the timeframe extends to two years from the date of the discriminatory act.
Consequences of Missing the Deadline

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

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

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

Protecting Your Online Business

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

216digital’s Accessibility Services

At 216digital, we specialize in web accessibility and compliance services designed to protect businesses from the legal risks associated with the Unruh Act and other similar regulations. Our comprehensive approach includes:
- Accessibility Audits: We conduct thorough accessibility audits of your website or app to identify potential issues that could lead to Unruh Act claims. Our audits cover both automated and manual testing methods to ensure that all aspects of accessibility are addressed.
- Remediation Services: Once issues are identified, we provide expert remediation services to bring your digital properties into compliance. This includes making necessary code changes, optimizing for assistive technologies, and ensuring all content is accessible.
- Ongoing Monitoring: Compliance is not a one-time task with 216digital’s a11y.Radar service provides ongoing monitoring of your website or app to detect any new accessibility issues that may arise over time. This proactive approach helps prevent potential violations before they lead to costly lawsuits.
- Consulting and Training: We offer consulting services to help your team understand the requirements of the Unruh Act and other accessibility laws. Additionally, we provide training to ensure your team maintains compliance as you update and expand your digital presence.
By partnering with 216digital, you can protect your business from the risks of Unruh Act claims and demonstrate your commitment to inclusivity and accessibility, which can enhance your brand reputation and customer loyalty.

Wrapping Up

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

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

August 26, 2024

Legal Compliance

digital accessibility, Unruh Act, Unruh Civil Rights Act, Web Accessibility, Website Accessibility

ADA’s Original Purpose: Accessibility for All

The Surge in Web Accessibility Lawsuits: Financial Motives or Accessibility Goals?

High-Profile Examples and “Drive-By” Suits

The Disproportionate Impact on Small Businesses

Are ADA Lawsuits Leading to Real Accessibility Improvements?

How to Protect Yourself from Frivolous ADA Lawsuits

Conduct Regular Accessibility Audits

Follow WCAG Guidelines

Partner with Accessibility Experts

Stay Informed on Legal Trends

Maintain Documentation and Accessibility Policies

Moving Toward Meaningful Change in Web Accessibility

A Call for a Balanced Approach

What is ADA Compliance?

Website Design and Development

Use Semantic HTML

Enable Keyboard Navigation

Ensure Sufficient Color Contrast

Provide Descriptive Alt Text for Images

Ongoing Monitoring and Testing

Conduct Regular Accessibility Audits

Engage in User Testing

Content Management and Regular Updates

Provide Content in Accessible Formats

Keep Content Updated

Avoiding Overlays

What You Can’t Control: Third-Party Content and Vendors

Third-Party Plugins and Widgets

Content Management Systems (CMS)

Outsourced Web Development and Content Creation

User-Generated Content

Strategies for Managing What You Can’t Control

Vetting and Selecting Accessible Vendors

Adding Disclaimers and Providing Alternatives

Foster Communication and Collaboration

Conclusion

Insufficient Alt Text for Images

Why It Matters

How to Fix It

Poor Color Contrast

Why It Matters

How to Fix It

InaccessibleNavigation and Controls

Why It Matters

How to Fix It

Missing Captions on Promotional Videos

Why It Matters

How to Fix It

Over-reliance on Automated Accessibility Overlays

Why It Matters

How to Fix It

Conclusion

The Current Mindset Around Website Accessibility

The Value of Accessibility for All Users

Accessibility as a Business Opportunity

Market Potential

Search Engine Optimization

Mitigate Legal Risk

Accessibility, Innovation, and Creativity for Problem Solving

Connecting Accessibility with Corporate Social Responsibility

From “Why” to “How”: Putting Website Accessibility into Action

Myth 1: Conformance with WCAG = Compliance with Accessibility Laws

The Reality

Myth 2: Automated Tools are All I Need to Conform with WCAG Guidelines

The Reality

Myth 3: WCAG is a ”One-and-Done”Checklist

The Reality

Myth 4: Only Businesses Who Serve the Disability Community Need to Follow WCAG

The Reality

Myth 5: WCAG Guidelines Will Decrease My Site’s Visual Appeal

The Reality

Myth 6: Implementing WCAG Guidelines is Expensive, Time-Consuming, and Resource-Intensive

The Reality

How to Make Accessibility Achievable for Every Business

Accessibility is Within Reach

What is Web Accessibility?

WCAG Guidelines for Restaurants

How to Share Your Menu Accessibly

Use Semantic HTML

Provide Text Alternatives for Images