The need to make websites, mobile apps, and other online properties accessible to all is only going to increase as time moves on. Smart business owners will do well to get in front of this issue and make sure that their websites are ADA compliant now so that all their customers have the equal access to the resources they offer. Not just because they want to avoid a lawsuit or government action, but because it’s the right thing to do.
This particular lawsuit amounted to nothing more than a shakedown for cash, as the current laws would make it difficult to win the suit in court (more about this later) but it prompted me to dive deeper into the issue of ADA compliance. Through my research, I discovered there are some new laws on the horizon that could make ADA compliance mandatory, which means web designers and digital marketers need to know how to prepare.
The way a lot of people think about getting a new website is, they have a certain amount of money and they think, If I pay less money for a website, I'll have extra money left over, therefore I win. And so they'll go and get a Square Space or a Wix or a Go Daddy website, and they'll think because they've saved money they're coming out ahead of the deal.
Because of this, among the greatest drivers of website accessibility are usability improvements and the reputation boost that it brings—or, alternatively, the lost business that organizations want to avoid as a result of inaccessible websites. According to a survey by the National Business Disability Council at the Viscardi Center, 91 percent of customers say that they’d prefer to shop at a website that prioritizes accessibility.
In 1986, the National Council on Disability had recommended the enactment of an Americans with Disabilities Act (ADA) and drafted the first version of the bill which was introduced in the House and Senate in 1988. The final version of the bill was signed into law on July 26, 1990, by President George H. W. Bush. It was later amended in 2008 and signed by President George W. Bush with changes effective as of January 1, 2009.
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.
Blind people, those with low vision, and people with other disabilities that affect their ability to read a computer display often use different technologies so they can access the information displayed on a webpage. Two commonly used technologies are screen readers and refreshable Braille displays. As discussed above, a screen reader is a computer program that speaks the text that appears on the computer display, beginning in the top-left corner. A refreshable Braille display is an electronic device that translates text into Braille characters that can be read by touch. These assistive technologies read text. They cannot translate images into speech or Braille, even if words appear in the images. For example, these technologies cannot interpret a photograph of a stop sign, even if the word “stop” appears in the image.
On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 (ADAAA) into law. The amendment broadened the definition of "disability", thereby extending the ADA's protections to a greater number of people. The ADAAA also added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as the operation of several specified major bodily functions. The act overturned a 1999 US Supreme Court case that held that an employee was not disabled if the impairment could be corrected by mitigating measures; it specifically provides that such impairment must be determined without considering such ameliorative measures. It also overturned the court restriction that an impairment which substantially limits one major life activity must also limit others to be considered a disability. In 2008, the United States House Committee on Education and Labor stated that the amendment "makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability." Thus the ADAAA led to broader coverage of impaired employees.
Courts have taken essentially the following position on the issue of whether websites are places of public accommodation: Website accessibility fulfills the spirit of the ADA by lowering the barriers for people with disabilities to participate in business and commerce. As such, commercial websites need to comply with ADA regulations. Judges have reached this conclusion in several high-profile cases, such as the National Federation of the Blind’s lawsuit against the Scribd digital library. As a result of this case, Scribd agreed to redesign its website to work with screen reader software by the end of 2017.
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.
The ADA states that a "covered entity" shall not discriminate against "a qualified individual with a disability". This applies to job application procedures, hiring, advancement and discharge of employees, job training, and other terms, conditions, and privileges of employment. "Covered entities" include employers with 15 or more employees, as well as employment agencies, labor organizations, and joint labor-management committees. There are strict limitations on when a covered entity can ask job applicants or employees disability-related questions or require them to undergo medical examination, and all medical information must be kept confidential.
Another federal agency, the Architectural and Transportation Barriers Compliance Board (ATBCB), also known as the Access Board, issues guidelines to ensure that buildings, facilities and transit vehicles are accessible to people with disabilities. The Guidelines & Standards issued under the ADA and other laws establish design requirements for the construction and alteration of facilities. These standards apply to places of public accommodation, commercial facilities, and state and local government facilities.
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.
"I’m a couple years away from retirement and have a very limited budget and after talking to some other web developers through thumbtack I quickly realized I was not going to be able to afford a website built by anyone but myself. Then I got a response from Jean Johson of B’yond Media telling I was chosen to get my free website. Crazy, is all I can think of. Why me, and is this too good to be true. But after speaking with Jean for awhile in the phone I soon realized that I was really going to be getting an awesome e-commerce site for free. I’m over the moon and have already started gather information for them for my site. They were a God send. I can’t think of anyone I would rather do my website free or not than Byond Media and Jean Johson as my project manager. You must give them a try. I’m sure you will be as happy as I am."
WEB DESIGN: For over twenty years, I have developed client sites for large and small businesses and in every sector imaginable. I develop responsive websites with WordPress which is the industry standard for website development. I specialize in Responsive Web Design so your website displays automatically on any device. Responsive design makes the most sense when developing your new business website because the design adjusts itself to the size of a user's screen. Your website visitors will be able to view all of your content on a desktop computer,...
This is the exact opposite of mistake #1. Let me start by revealing a dirty little secret when it comes to website design. Most people think, Oh, I’m going to hire a professional website firm because I want a “real website” As opposed to a Word Press website or something else. And what most people don't realize is that all websites are made from the same stuff.
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.
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:
This is an article that most other website developers probably don’t want you to read. The reason is that most other web designers basically like to think of themselves as all-powerful wizards with magical powers. And they use complex technical jargon and terminology to intimidate and mystify their clients into thinking that what they do is more complex than it is.
Just as you wouldn’t trust an overweight personal trainer or a skinny chef, you should probably never trust a designer with an ugly looking website or an SEO specialist who doesn’t rank well on Google or an “internet marketer” who uses direct outreach to generate leads. And by that I mean, if someone is selling you the idea of getting traffic through Google or Pay Per Click or Social Media, but they’re using cold outreach, like, they’re direct emailing you or they’re using word of mouth to get in contact with you, they’re really not practicing what they preach.
This guy is right on! You should learn new skills that are critical to your success instead of focusing on your business. Just making a website is easy, making one that is easy for your users to navigate, captures your users' interactions, feed that back to a CRM so you can act on it and setting up automation to handle each one properly so you don't lose the customer is not. (And do not forget, the design of your site is critical to the effectiveness of Google and Microsoft Ads. Without them, no one will ever see your new, beautiful site.)
Talk to your web designer about other techniques that will make your site more user-friendly for people with disabilities. Worried that’s not in your budget? Consider the fact that DOJ fines start at $75,000. And it's still yet to be determined if a non-compliant website is liable for one fine or will be charge per page for each violation. As the recent lawsuits illustrate, though, settlements quickly add up into the millions.