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.
As I mentioned above, under each WCAG 2.1 principle is a list of guidelines, and under each guideline are compliance standards, with techniques and failure examples at each level. Some guidelines include only Level A items; others include items for multiple levels of conformance, building from A to AAA. At each stage, you can easily see what more you would need to do to reach Level AA or AAA. In this way, many websites include elements at multiple levels of accessibility.
A. No. The ADA does not require that an employer hire an applicant with a disability over other applicants because the person has a disability. The ADA only prohibits discrimination on the basis of disability. It makes it unlawful to refuse to hire a qualified applicant with a disability because he is disabled or because a reasonable accommodation is required to make it possible for this person to perform essential job functions.
There have been some notable cases regarding the ADA. For example, two major hotel room marketers (Expedia.com and Hotels.com) with their business presence on the Internet were sued because its customers with disabilities could not reserve hotel rooms, through their websites without substantial extra efforts that persons without disabilities were not required to perform. These represent a major potential expansion of the ADA in that this, and other similar suits (known as "bricks vs. clicks"), seeks to expand the ADA's authority to cyberspace, where entities may not have actual physical facilities that are required to comply.
Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include:
This is particularly important when working for a government agency or government contractor, as these organizations must follow web accessibility guidelines under Section 508 of the Workforce Rehabilitation Act of 1973. Although ADA and Section 508 compliance are different, the published checklist for Section 508 compliance offers insight into ways to make websites accessible for people with disabilities, and thereby work toward ADA compliance.
State and local governments will often post documents on their websites using Portable Document Format (PDF). But PDF documents, or those in other image based formats, are often not accessible to blind people who use screen readers and people with low vision who use text enlargement programs or different color and font settings to read computer displays.
Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all state and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of state or local governments. It clarifies the requirements of section 504 of the Rehabilitation Act of 1973, as amended, for public transportation systems that receive federal financial assistance, and extends coverage to all public entities that provide public transportation, whether or not they receive federal financial assistance. It establishes detailed standards for the operation of public transit systems, including commuter and intercity rail (e.g., AMTRAK).
For most businesses, the need for ADA web compliance means they will need to make at least some adjustments to all of their online marketing strategies. For instance, if your company provides tax preparation services, all of the tax forms you provide for customers to download would need to meet accessibility standards. Any online tax preparation services that you offer would also need to be configured so they meet ADA standards, as would your mobile app.
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.
Since March 15, 2012, ADA compliance with the 2010 Standards will be required for new construction and alterations. In the period between September 15, 2010 and March 15, 2012, covered entities may choose between the 1991 Standards ADA Compliance (without the elevator exemption for Title II facilities), the Uniform Federal Accessibility Standards (Title II facilities only), and the 2010 Standards ADA Compliance.
Federal law isn't the only consideration for businesses. Additionally, each state interprets the law differently. Consider the case against Netflix in 2012. Lawsuits were brought in federal court in Massachusetts and California. Netflix was accused of violating the ADA by not offering "closed captioning" options for its Internet streamed movies. Illustrating the complexity of this issue, the courts reached completely opposite decisions. Massachusetts held that Netflix must comply with the ADA, while the California court found that Netflix did not fall under the ADA's definition of "public accommodation."
“The idea of equal access, equal opportunity has sort of evolved in its application from brick and mortar to eCommerce. At first, many companies were worried about the desktop experience. Now, the concern extends to both smart phones and devices. Wherever a consumer accesses your content – whether it be directly through the web or an app – you need to be concerned about accessibility.”
The ADA provides explicit coverage for service animals. Guidelines have been developed not only to protect persons with disabilities but also to indemnify businesses from damages related to granting access to service animals on their premises. Businesses are allowed to ask if the animal is a service animal and ask what tasks it is trained to perform, but they are not allowed to ask the service animal to perform the task nor ask for a special ID of the animal. They cannot ask what the person's disabilities are. A person with a disability cannot be removed from the premises unless either of two things happen: the animal is out of control and its owner cannot get it under control (e.g. a dog barking uncontrollably in a restaurant), or the animal is a direct threat to people's health and safety. Allergies and fear of animals would not be considered a threat to people's health and safety, so it would not be a valid reason to deny access to people with service animals. Businesses that prepare or serve food must allow service animals and their owners on the premises even if state or local health laws otherwise prohibit animals on the premises. In this case, businesses that prepare or serve food are not required to provide care or food for service animals, nor do they have to provide a designated area for the service animal to relieve itself. Lastly, people that require service dogs cannot be charged an extra fee for their service dog or be treated unfairly, for example, being isolated from people at a restaurant. People with disabilities cannot be treated as "less than" other customers. However, if a business normally charges for damages caused by the person to property, the customer with a disability will be charged for his/her service animal's damages to the property.
Hey Casey, this is one of the areas where things get a little weird because the W3 doesn’t actually have any say over the ADA guidelines, it is more than the ADA guidelines adopted the WCAG 2.0 guidelines as just that, a guideline to help. As far as I know, the tool you’ve linked to hasn’t been used in any judgements I’m aware of. Usually when it comes down to making a decision on if something is/isn’t compliant they have people use the actual PAWS tools and show what elements do/don’t work as intended or are otherwise inaccessible. Hope this helps!
The Department has assembled an official online version of the 2010 Standards to bring together the information in one easy-to-access location. It provides the scoping and technical requirements for new construction and alterations resulting from the adoption of revised 2010 Standards in the final rules for Title II (28 CFR part 35) and Title III (28 CFR part 36).
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."
Until the ADA is updated to address the special case of website accessibility, or the Department of Justice releases its website accessibility regulations, complying with WCAG 2.0 Level AA is the best way to ensure that people with disabilities have equal access to your website. The overview below is a great starting point about meeting the WCAG 2.0 Level AA recommendations.
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.
The Federal Communications Commission (FCC) enforces regulations covering telecommunication services. Title IV of the ADA covers telephone and television access for people with hearing and speech disabilities. It requires telephone and Internet companies to provide a nationwide system of telecommunications relay services that allow people with hearing and speech disabilities to communicate over the telephone.
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."
The average cost for hiring a web designer varies greatly depending on the scope of the work, which may range from building a site from scratch to rebranding an existing one, as well as the amount of content and graphics the designer will create. In general, the more complex the project, the more time the design agency will have to spend. Because web designers often work on an hourly basis, the longer the project, the higher the costs; you can count on the web designer spending at minimum 10 hours to create a very basic website with just a handful of pages with few elements. Prices also depend on the designer’s skill set, the process, and the company’s rates. In general, the national average cost for a basic website package starts at $500, but a customized website can cost as much as $2,000 or more. Here are typical average hourly rates, broken out by the complexity of the work:
What’s the scope of the work? Will the website be basic with just a few pages about your company, its services, and contact information? Or will it also have an e-commerce section for online shopping, a blog, or content for visitors to download? Before you hire a web designer, make sure you have a thorough, specific list of the components you must have the designer include in the web design.
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.
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.
What do you want your website to look like? Consider websites that are similar to the one you’d like to build, ideally in the same industry or serving similar types of customers. Build a set of examples of types of pages, design aspects, and website features that you can hand off to the web designer — the person you hire should have experience creating websites with the features you want. If they don’t have the right skill set, they’re not the right pro for you.
The Department of Justice (DOJ) has specifically stated in rulings that websites should be designed so they are accessible to individuals who have vision, hearing, and physical disabilities. There’s a growing body of case law where the DOJ required companies to provide an ADA compliant website and levied hefty penalties when sites failed to measure up.