Distinguishable: To assist color-blind users and those with other visual impairments, color is never used as the sole means of conveying information or prompting the user. Audio lasting more than 3 seconds can be paused, or the volume can be controlled independently of the system volume. Regular text has a contrast ratio of at least 4.5:1, and large text has a contrast ratio of at least 3:1. In addition, text can be resized up to 200 percent without causing issues with the website.
If your lawyer can’t negotiate a successful outcome directly with the other party, you’ll probably need to file a claim with your state’s fair employment agency, the EEOC, or the Department of Justice. A lawyer will make sure that you meet these agencies’ strict filing deadlines and help you present the most persuasive case possible. And if you need to file a lawsuit in court, hiring a lawyer will give you the best chances of success.

Prohibited discrimination may include, among other things, firing or refusing to hire someone based on a real or perceived disability, segregation, and harassment based on a disability. Covered entities are also required to provide reasonable accommodations to job applicants and employees with disabilities.[16] A reasonable accommodation is a change in the way things are typically done that the person needs because of a disability, and can include, among other things, special equipment that allows the person to perform the job, scheduling changes, and changes to the way work assignments are chosen or communicated.[17] An employer is not required to provide an accommodation that would involve undue hardship (significant difficulty or expense), and the individual who receives the accommodation must still perform the essential functions of the job and meet the normal performance requirements. An employee or applicant who currently engages in the illegal use of drugs is not considered qualified when a covered entity takes adverse action based on such use.[18]
Enough Time: Users have sufficient time to read and use the website’s content. If part of the website has a time limit, users are able to turn off the time limit, or they can adjust or extend it to at least ten times the default limit (unless the time limit is essential to the website’s functionality, such as auction websites like eBay). Content that moves, blinks, or automatically updates can be paused or stopped unless it’s essential to the website’s functionality.

If you are applying for a job, an employer cannot ask you if you are disabled or ask about the nature or severity of your disability. An employer can ask if you can perform the duties of the job with or without reasonable accommodation. An employer can also ask you to describe or to demonstrate how, with or without reasonable accommodation, you will perform the duties of the job.

In 2001, for men of all working ages and women under 40, Current Population Survey data showed a sharp drop in the employment of disabled workers, leading at least two economists to attribute the cause to the Act.[52] By contrast, a study in 2003 found that while the Act may have led to short term reactions by employers, in the long term, there were either positive or neutral consequences for wages and employment.[53] In 2005 the rate of employment among disabled people increased to 45% of the population of disabled people.[54]


In January 1992, EEOC published a Technical Assistance Manual, providing practical application of legal requirements to specific employment activities, with a directory of resources to aid compliance. EEOC publishes other educational materials, provides training on the law for people with disabilities and for employers, and participates in meetings and training programs of other organizations. EEOC staff also will respond to individual requests for information and assistance. The Commission's technical assistance program is separate and distinct from its enforcement responsibilities. Employers who seek information or assistance from the Commission will not be subject to any enforcement action because of such inquiries.
The web design company you choose must be able to interpret your company’s mission and identity and turn it into an appealing website that connects with potential customers. They must help you reach your target audience and meet your business goals. A web design agency should have on staff both talented web designers, with fresh ideas and extensive technical and creative skills, and a marketing team that knows how to drive traffic to your site, encourage visitor engagement, and convert visitors into customers. Web designers should be able to build in search optimization and integrate your site with a content management system and e-commerce tools. Look, too, for a website design company that understands responsive design and can optimize your website for mobile devices and desktop browsers. The right web design company understand current design and website trends, has experience building sites in a variety of industries (not just yours), and has an expansive portfolio of live websites. Finally, don’t simply hire the cheapest bidder — in web design, as in all things, you get what you pay for.
Your website is often the first thing your customers see when they’re searching for a business or service on the web. As the face of your organization, your website needs to be attractive and functional, offering the latest features that users now expect. To plan and design a site that both reflects your company’s mission and values and appeals to customers takes a professional web designer. While free online services can help people set up websites, web designers can provide a unique solution made specifically to meet customers’ personal or business needs.

Monica is the creative force and founder of MayeCreate. She has a Bachelor of Science in Agriculture with an emphasis in Economics, Education and Plant Science from the University of Missouri. Monica possesses a rare combination of design savvy and technological know-how. Her clients know this quite well. Her passion for making friends and helping businesses grow gives her the skills she needs to make sure that each client, or friend, gets the attention and service he or she deserves.
I should mention one caveat to all of this. Businesses that are required to comply but don't have the ability to bring their websites into compliance can provide an accessible alternative to provide the same information, goods, and services that they provide online, like a staffed phone line. The trick, however, is that this option has to provide at least equal access, including in terms of hours of operation. And, as we know, the internet is around 24/7, so good luck with that. 
In January 1992, EEOC published a Technical Assistance Manual, providing practical application of legal requirements to specific employment activities, with a directory of resources to aid compliance. EEOC publishes other educational materials, provides training on the law for people with disabilities and for employers, and participates in meetings and training programs of other organizations. EEOC staff also will respond to individual requests for information and assistance. The Commission's technical assistance program is separate and distinct from its enforcement responsibilities. Employers who seek information or assistance from the Commission will not be subject to any enforcement action because of such inquiries.

The prudent next step is running an audit on your site. The tools will crawl your site and identify all the areas that do not meet web accessibility standards for ADA compliance. The results will give you a very clear sense of the work involved so you can budget properly and weigh the benefits. Who knows, you may find out that your site is already fairly compliant, especially if you are on a fairly progressive platform and have used proper coding practices during your site build.


The World Wide Web Consortium (W3C) established the main international standards and accessibility for the World Wide Web. The WCAG is created by the W3C to provide a standard for web content accessibility that can be shared around the world. The WCAG is meant to accompany organizations as a sort of blueprint on how to make their websites ADA compliant.
Most web designers offer a wide variety of services to make your website aesthetically pleasing and easy to use. Modern web design must be mobile-friendly and scalable, capable of expanding to include a blog, social media sites, and even video streaming; web designers are experts at integrating various web technologies. They can build the site, add functionality, test it, launch it on a live server, and track and maintain its performance.

The ADA itself holds different organizations to more/less stringent standards based on a host of factors, government funding being a major one. Government agencies themselves are usually held to the most severe standards. That said, while ADA has adopted WCAG as the defacto standard, from what I’ve seen it appears they’re going with AA compliance as the most reliable one. That said, we’ve done work with some organizations who’ve chosen to comply with AAA in an effort to be as buttoned up as possible from an accessibility and experiential perspective. We’ve also worked with some who have tighter budgers and aim for level A compliance and have a more “react and repair” mindset when they discover anything in their site that is giving someone hardship from an accessibilirt standpoint.
Sometimes taking leave is a reasonable accommodation. The Family Medical Leave Act (“FMLA”) gives many employees up to twelve weeks of unpaid leave. This leave may be taken incrementally instead of large blocks of time, such as taking additional breaks during the day, taking half days off, coming to work later than normal, or leaving earlier. Taken a few hours at a time, twelve weeks can stretch out for a long time. An employer who denies FMLA leave may have violated both the FMLA and the ADA.

This past September marked the first time a judge ruled that the ADA applies even to businesses without a physical location. Scribd, an e-book subscription service is considered to provide "a place of public accommodation." Their services are not accessible to blind persons because they cannot be read with a screen reader. The judge reasoned, "Now that the Internet plays such a critical role in the personal and professional lives of Americans, excluding disabled persons from access to covered entities that use it as their principal means of reaching the public would defeat the purpose of this important civil rights legislation."
It isn’t a problem by default, a lot of it comes down to how it is built. I’d suggest either considering a highly accessible contingency option, or build those components in such a way that there is a level of accessibility baked into it. If you need help with that testing or review email us at questions at yokoco.com and we’ll be able to let you know the cost for us to lend a hand.

The final title contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws, state immunity, its impact on insurance providers and benefits, prohibition against retaliation and coercion, illegal use of drugs, and attorney’s fees.  This title also provides a list of certain conditions that are not to be considered as disabilities.


The truth is, when you’re assembling like a furniture, you’re not a professional furniture builder, and therefore the quality and the output is not going to be as good. And that metaphor applies to website design. Most people are not professional digital marketers or designers or understand user personas, or how to get traffic, or any of those things. And so, not only are you using all of your time to build the website but then you’re not getting as high-quality an output as you would as if you just hired someone who did that full time.

Signed in 1990 at a time that most people hadn’t even used the Internet, the Americans with Disabilities Act does not explicitly regulate how websites need to follow nondiscrimination requirements. We now know that using the Internet is one of the most important ways for people with disabilities to fulfill their needs and desires. For many people with disabilities, especially impairments to sight and motion, visiting a store or other physical location can be a challenging experience. Online shopping, for example, allows people with disabilities to make the purchases they need easily and securely within the comfort of their own homes.
The Department of Justice’s revised regulations for Titles II and III of the Americans with Disabilities Act of 1990 (ADA) were published in the Federal Register on September 15, 2010. These regulations adopted revised, enforceable accessibility standards called the 2010 ADA Standards for Accessible Design, "2010 Standards." On March 15, 2012, compliance with the 2010 Standards was required for new construction and alterations under Titles II and III. March 15, 2012, is also the compliance date for using the 2010 Standards for program accessibility and barrier removal.
Mention ADA compliance to many web developers and you may encounter a blank stare. First, find an agency working with the web platform or framework you use and ask about how their development workflow addresses accessibility. Most platforms have a partner directory. From there, you can start vetting agencies for their actual experience with web accessibility.
It isn’t a problem by default, a lot of it comes down to how it is built. I’d suggest either considering a highly accessible contingency option, or build those components in such a way that there is a level of accessibility baked into it. If you need help with that testing or review email us at questions at yokoco.com and we’ll be able to let you know the cost for us to lend a hand.
Legal precedent is changing, and ADA compliance related lawsuits are becoming more successful, and the courts are seeing more of them as a result. Title III of the Americans with Disabilities Act pertains to private sector businesses. Lately, those protections are more frequently expanding into digital territory as web and mobile applications become more necessary in our day-to-day lives.
Access Now v. Southwest Airlines was a case where the District Court decided that the website of Southwest Airlines was not in violation of the Americans with Disabilities Act, because the ADA is concerned with things with a physical existence and thus cannot be applied to cyberspace. Judge Patricia A. Seitz found that the "virtual ticket counter" of the website was a virtual construct, and hence not a "public place of accommodation." As such, "To expand the ADA to cover 'virtual' spaces would be to create new rights without well-defined standards."[76]
This past September marked the first time a judge ruled that the ADA applies even to businesses without a physical location. Scribd, an e-book subscription service is considered to provide "a place of public accommodation." Their services are not accessible to blind persons because they cannot be read with a screen reader. The judge reasoned, "Now that the Internet plays such a critical role in the personal and professional lives of Americans, excluding disabled persons from access to covered entities that use it as their principal means of reaching the public would defeat the purpose of this important civil rights legislation."
Being one-third of the way into 2019, we opted to follow up on the 2018 discussion we had regarding ADA Website Compliance. Per last year, making sure your website is ADA compliant is significant in offering an equal opportunity for everyone to experience the products and/or services your business offers. An ADA compliant website also help prevent lawsuits and potential government action.
Most web designers offer a wide variety of services to make your website aesthetically pleasing and easy to use. Modern web design must be mobile-friendly and scalable, capable of expanding to include a blog, social media sites, and even video streaming; web designers are experts at integrating various web technologies. They can build the site, add functionality, test it, launch it on a live server, and track and maintain its performance.

Aloha Tatiana! I wish your questions had straightforward easy answers – and if you are government funded it kind of is. (See here: https://www.ada.gov/websites2_prnt.pdf) if you are not government funded, this is something that is currently being debated in the legal system. That being said, the WCAG 2.0 guidelines are a good set of guidelines to help protect yourself if you feel you should. (You can see more on WCAG here: https://www.yokoco.com/find-out-how-to-make-your-website-compliant/)


As a client, you might think web design comprises things like a homepage and a few interior page layouts, but web design is so much more. What about call-to-actions, buttons, and images? What about design flow? What about your navigation, headers, footers, and any side elements for up-selling products? Basically, design includes all the elements of your site, and they all need to flow with your color scheme and business idea.
However, in states that have enacted laws that allow private individuals to win monetary awards from non-compliant businesses (as of 2008, these include California, Florida, Hawaii, and Illinois), "professional plaintiffs" are typically found. At least one of these plaintiffs in California has been barred by courts from filing lawsuits unless he receives prior court permission.[55] Through the end of fiscal year 1998, 86% of the 106,988 ADA charges filed with and resolved by the Equal Employment Opportunity Commission, were either dropped or investigated and dismissed by EEOC but not without imposing opportunity costs and legal fees on employers.[50]
The idea of federal legislation enhancing and extending civil rights legislation to millions of Americans with disabilities gained bipartisan support in late 1988 and early 1989. In early 1989 both Congress and the newly-inaugurated Bush White House worked separately, then jointly, to write legislation capable of expanding civil rights without imposing undue harm or costs on those already in compliance with existing rules and laws.[27]
Thanks for writing. While I’m not a lawyer I believe if your physical practice is ADA exempt your web presence, as an extension of that physical business would maintain the same exemption status. If you’d like to be absolutely certain I’d confer with an ADA lawyer (email us, questions at yokoco dot com if you need a referral) but I don’t believe you have reason to worry.
HTML tags – specific instructions understood by a web browser or screen reader. One type of HTML tag, called an “alt” tag (short for “alternative text”), is used to provide brief text descriptions of images that screen readers can understand and speak. Another type of HTML tag, called a “longdesc” tag (short for “long description”), is used to provide long text descriptions that can be spoken by screen readers.

Many government services and activities are also provided on websites because the public is able to participate in them at any time of day and without the assistance of government personnel. Many government websites offer a low cost, quick, and convenient way of filing tax returns, paying bills, renewing licenses, signing up for programs, applying for permits or funding, submitting job applications, and performing a wide variety of other activities.
If you think you have been discriminated against in employment on the basis of disability after July 26, 1992, you should contact the U.S. Equal Employment Opportunity Commission. A charge of discrimination generally must be filed within 180 days of the alleged discrimination. You may have up to 300 days to file a charge if there is a State or local law that provides relief for discrimination on the basis of disability. However, to protect your rights, it is best to contact EEOC promptly if discrimination is suspected.
While the U.S. Department of Labor's (DOL) Office of Disability Employment Policy (ODEP) does not enforce the ADA, it does offer publications and other technical assistance on the basic requirements of the law, including covered employers’ obligation to provide reasonable accommodations to qualified job applicants and employees with disabilities. For a quick overview of the ADA read “The Americans with Disabilities Act: A Brief Overview.”
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