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  • 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

    Understanding the Limitations for Unruh Act

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

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

    Expansion to Online Businesses

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

    Common Scenarios for Unruh Act Claims

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

    Robles v. Domino’s Pizza

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

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

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

    Statute of Limitations for Unruh Act Claims

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

    Timeframes for Filing Claims

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

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

    Consequences of Missing the Deadline

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

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

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

    Protecting Your Online Business

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

    216digital’s Accessibility Services

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

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

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

    Wrapping Up

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

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

    Greg McNeil

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

    Digital Accessibility: Efficiency & ROI Tips

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

    Why Efficiency Matters in Digital Accessibility

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

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

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

    How to Accomplish More with Less in Digital Accessibility

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

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

    Accelerate Accessibility with an Expert Partner

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

    Here’s how an expert partner can help:

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

    The ROI of Digital Accessibility

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

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

    Boost Your RIO with 216digital

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

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

    Greg McNeil

    August 23, 2024
    The Benefits of Web Accessibility
    Benefits of Web Accessibility, digital accessibility, ROI, Web Accessibility, Website Accessibility
  • Top 9 Web Accessibility Issues and Fixes

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

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

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

    1. Missing Alt Text for Images

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

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

    How to Fix:

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

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

    2. Web Accessible Forms

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

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

    How to Fix:

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

    3. Poor Color Contrast

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

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

    How to Fix Color Contrast:

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

    4. Missing Keyboard Navigation

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

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

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

    How to Fix:

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

    5. Video and Audio Captions

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

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

    How to Fix:

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

    6. Missing Skip Links

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

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

    How to Fix Skip Links:

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

    7. Unclear Headings and Structure

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

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

    How to Fix:

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

    8. Inconsistent Link Text

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

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

    How to Fix:

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

    9. No Focus Indicators

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

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

    How to Fix Focus Indicators:

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

    How to Test for Web Accessibility Issues

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

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

    Building a Path to Web Accessibility

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

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

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

    Greg McNeil

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

    Why Small Businesses Face More ADA Web Lawsuits

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

    Understanding Web Accessibility and ADA Lawsuits

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

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

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

    Why Are Small Businesses Targeted by Plaintiffs’ Lawyers?

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

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

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

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

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

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

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

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

    Protect Your Small Business With 216digital

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

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

    Greg McNeil

    August 21, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Small Business, Web Accessibility, Website Accessibility
  • 2024 Mid-Year Report ADA Lawsuits Trends

    2024 Mid-Year Report ADA Lawsuits Trends

    As we reach the midpoint of 2024, it’s crucial for business owners, project managers, and web development teams to stay informed about trends and challenges related to ADA lawsuits, especially concerning web accessibility. In recent years, the landscape of digital accessibility has evolved significantly, impacting businesses of all sizes across various industries. This article aims to provide a comprehensive mid-year report on ADA lawsuits, upcoming trends, and proactive measures to protect your online business.

    Trends in 2024 for ADA Lawsuits

    As we move through 2024, the landscape of Americans with Disabilities Act (ADA) lawsuits is undergoing significant changes. Several emerging trends reflect shifts in legal practices, targets of litigation, and evolving standards in web accessibility. Here’s a comprehensive look at what you can expect in the upcoming months.

    Decrease in Overall ADA Lawsuit Numbers

    For the first time in years, there has been a slight decrease in the number of ADA lawsuits filed. In fact, we are anticipating to have 600 less federal court case than in 2023. This reduction is primarily due to increased judicial scrutiny. Judges now require plaintiffs and their legal teams to present more detailed and specific claims. Vague or generic allegations no longer suffice to move forward in court. This heightened scrutiny is filtering out cases deemed frivolous or opportunistic, leading to a decrease in the overall number of filings.

    Impact of Recent Defense Victories

    Recent defense victories in federal ADA claims have also contributed to this decline. These victories have set precedents that make it more challenging for plaintiffs to succeed with less substantiated claims. As a result, some law firms are shifting their focus to state courts, where they might perceive a higher chance of success. This shift is impacting the overall landscape of ADA lawsuits, with fewer cases reaching the federal level.

    Small Companies Are in the Crosshairs

    Interestingly, there has been a significant shift in the targets of ADA lawsuits. Over 66% of the lawsuits filed through June 2024 have been against companies with revenues under $25 million. In contrast, 34% have been against larger companies. This shift is a natural progression after years of lawsuits targeting major corporations. Many of the largest companies have already faced lawsuits and implemented comprehensive accessibility programs, leaving smaller businesses as the new focus for plaintiffs.

    The Rise of eCommerce and ADA Violations

    The rise in eCommerce, driven by changing consumer spending habits, has exposed more small and medium-sized businesses to potential ADA violations. As these businesses expand their online presence, they become more susceptible to lawsuits if their websites are not fully accessible. Smaller businesses may lack the resources or knowledge to ensure full compliance with ADA requirements, making them vulnerable targets for litigation.

    Overlays Could Make You a Target Now More Than Ever

    Despite significant investments in accessibility widgets, these tools often fail to reduce legal risks effectively. In fact, in 2024, plaintiffs have already filed 503 lawsuits against websites with active widgets, compared to 449 in 2023. This is a 20% increase in lawsuits against websites using widgets and screen overlays. These tools are marketed as quick fixes for accessibility issues but frequently fall short of their promises.

    Common Problems with Widgets

    It has been proven that accessibility widgets can create additional barriers for users with disabilities. Common problems include incompatibility with screen readers, failure to address all accessibility concerns, and even introducing new issues. These limitations highlight that relying solely on widgets is not an adequate solution for legal protection or genuine accessibility improvements. Businesses must seek comprehensive solutions to ensure their websites are fully accessible.

    Evolving Legal Standards

    The legal landscape surrounding web accessibility is continuously evolving. On April 8, the U.S. Attorney General signed a new rule under ADA Title II, setting clear web accessibility standards for state and local governments. This means their services, programs, and activities must now be accessible to people with disabilities. Depending on the size of their websites, these entities have two to three years to implement these accessibility standards.

    Potential Changes to ADA Title III

    While the current update focuses on public sector entities under ADA Title II, it could serve as a model for changes to Title III, which covers public accommodations and commercial facilities. This potential shift might lead to stricter and more uniform accessibility standards in the private sector, affecting businesses and nonprofits that interact with the public.

    Increased DOJ Enforcement

    The Department of Justice (DOJ) is expected to increase enforcement efforts, ensuring that businesses comply with these evolving standards. This means that businesses must stay informed about these changes and proactively work towards compliance to avoid potential lawsuits and penalties. Staying ahead of these legal standards will be crucial for businesses to minimize legal risks and enhance accessibility for all users.

    The Importance of Staying Informed

    Staying informed about the latest trends and legal changes in ADA compliance is crucial for businesses of all sizes. This not only helps in avoiding potential lawsuits but also ensures that businesses are accessible to all customers, enhancing their reputation and customer satisfaction. Companies should consider consulting with legal experts and accessibility professionals to stay ahead of the curve and implement best practices in web accessibility.

    How to Protect Your Online Business

    Navigating the complexities of ADA compliance can seem daunting, especially for those with limited knowledge of web accessibility standards. However, there are practical steps you can take to mitigate the risk of lawsuits and foster a more inclusive digital environment:

    1. Conduct an Accessibility Audit

    Start by conducting a comprehensive accessibility audit of your website. This involves assessing your site’s adherence to WCAG standards and identifying areas that may pose accessibility barriers. Consider engaging accessibility experts or using automated tools to assist in this process.

    2. Implement Accessibility Improvements

    Based on the findings of your audit, prioritize and implement necessary accessibility improvements. This may include optimizing navigation for keyboard users, providing alternative text for images, ensuring color contrast ratios comply with standards, and making multimedia content accessible.

    3. Train Your Team

    Educate your web development team, content creators, and digital marketers about web accessibility best practices. Training sessions can help increase awareness of accessibility guidelines and empower your team to proactively address accessibility issues in their respective roles.

    4. Monitor and Maintain Accessibility

    Accessibility is an ongoing commitment. Regularly monitor your website for accessibility compliance and address any new issues that arise. Incorporate accessibility checks into your regular maintenance routines to ensure ongoing compliance.

    5. Seek Legal Guidance if Needed

    If you receive a demand letter or face a lawsuit related to ADA non-compliance, seek legal guidance promptly. ADA litigation can be complex, and legal professionals specializing in accessibility law can provide valuable counsel and representation.

    Conclusion

    As we move forward in 2024, the landscape of web accessibility and ADA compliance continues to evolve. By prioritizing accessibility in your digital strategy and staying informed about legal requirements, you not only mitigate legal risks but also enhance the overall user experience for all visitors to your website. Remember, accessibility is not just a legal obligation but also a moral imperative to ensure inclusivity and equal access to information in the digital age.

    For more information on ADA compliance and web accessibility best practices, schedule a complimentary ADA strategy briefing with 216digital. Together, we can create a more inclusive online environment that benefits businesses and individuals alike.

    Greg McNeil

    August 19, 2024
    Legal Compliance
    ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • User Testing: A Crucial Step Towards Web Accessibility

    User Testing: A Crucial Step Towards Web Accessibility

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

    What is Website User Testing?

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

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

    How is User Testing Beneficial for Web Accessibility?

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

    Identifying Accessibility Barriers

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

    Improving User Experience for All

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

    Ensuring Legal Compliance

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

    Accommodating a Range of Assistive Technologies

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

    Screen Readers

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

    Voice Recognition Software

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

    Alternative Input Devices

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

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

    What is the User Testing Process?

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

    Planning

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

    Recruiting Testers

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

    Conducting the Tests

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

    Analyzing the Results

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

    Making Improvements

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

    Ongoing Testing

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

    Best Practices for Web Accessibility Testing

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

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

    Conclusion

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

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

    Greg McNeil

    August 19, 2024
    Testing & Remediation
    Accessibility testing, digital accessibility, user testing, Web Accessibility, Website Accessibility
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