The debate over the Americans with Disabilities Act led some religious groups to take opposite positions.[32] The Association of Christian Schools International, opposed the ADA in its original form.[33] primarily because the ADA labeled religious institutions "public accommodations", and thus would have required churches to make costly structural changes to ensure access for all.[34] The cost argument advanced by ACSI and others prevailed in keeping religious institutions from being labeled as "public accommodations".[24]
Visual: Use a screen reader to help you navigate the site. Users who are blind must be able to understand any element on the site where they land and if it contains functionality such as a link. Several ways to emulate this are to close your eyes or turn your monitor around and navigate the site using the keyboard. If, you as a tester, land on an element and a screen reader cannot make sense of what the element is, that is an issue of ADA compliance. For users with poor vision or colorblindness, testers have to make sure colors are distinguishable, and these can include background colors, link colors, font colors, etc. Screen magnifiers are a great way to test for poor visibility. There is a great tool known as Color Oracle that can emulate what a user with colorblindness sees on the screen. If colors can’t be distinguishable, that is an issue of ADA compliance. Make sure text alternatives are provided to images that convey information (look at the alt tag on the code).
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.

Because they only read text, screen readers and refreshable Braille displays cannot interpret photographs, charts, color-coded information, or other graphic elements on a webpage. For this reason, a photograph of a mayor on a city’s website is inaccessible to people who use these assistive technologies, and a blind person visiting the website would be unable to tell if the image is a photo, a logo, a map, a chart, artwork, a link to another page, or even a blank page.


Decided by the US Supreme Court in 2002, this case [74][75] held that even requests for accommodation that might seem reasonable on their face, e.g., a transfer to a different position, can be rendered unreasonable because it would require a violation of the company's seniority system. While the court held that, in general, a violation of a seniority system renders an otherwise reasonable accommodation unreasonable, a plaintiff can present evidence that, despite the seniority system, the accommodation is reasonable in the specific case at hand, e.g., the plaintiff could offer evidence that the seniority system is so often disregarded that another exception wouldn't make a difference.

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.
That’s good news if you are one of the many Americans who have a visual, hearing, or mobility disability that makes it difficult to access some information on the web. If you are a business owner who hasn’t made provisions to ensure that your website and other online assets are ADA compliant, you could be looking at a host of legal and financial penalties.
Certain specific conditions that are widely considered anti-social, or tend to result in illegal activity, such as kleptomania, pedophilia, exhibitionism, voyeurism, etc. are excluded under the definition of "disability" in order to prevent abuse of the statute's purpose.[8][9] Additionally, gender identity or orientation is no longer considered a disorder and is also excluded under the definition of "disability".[9][10]
Permanent injunction requiring a change in corporate polices to cause Defendant’s website to become, and remain, accessible Noted was that “The ADA expressly contemplates the type of injunctive relief that the Plaintiffs seek in this action.” The Plaintiff’s lawyers stated that “Because Defendant’s Website has never been accessible and because Defendant does not have, and has never had, a corporate policy that is reasonably calculated to cause its Website to become and remain accessible”. Therefor the Court should require that the Plaintiff accept who the Defendant will use to “assist it in improving the accessibility of its Website”, “ensure that all employees involved in website development and content development be given training”, “Consultant to perform an automated accessibility audit on a periodic basis to evaluate if the Defendant’s Website continues to comply”, “Consultant to perform end-user accessibility/usability testing on a periodic basis”, “Consultant to create an accessibility policy”. Although the Lawyers asked the Court for the above, and it would be extremely time consuming and expensive for the Defendant, the very last part of the Complaint was what the Lawyers were after. Here is what the Lawyers asked the Court for:
...the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of "public accommodation" by any person who owns, leases, or operates a place of public accommodation. Public accommodations include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays.
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.
While Title III of the ADA applies to businesses with more than 15 employees, it is a good idea to be proactive and become compliant. In addition, the general consensus is that any business considered a “public accommodation” should have an ADA compliant website. Given that “public accommodation” definition is subjected to interpretation, it is important for a business to do the right thing and become compliant.
Many members of the business community opposed the Americans with Disabilities Act. Testifying before Congress, Greyhound Bus Lines stated that the act had the potential to "deprive millions of people of affordable intercity public transportation and thousands of rural communities of their only link to the outside world." The US Chamber of Commerce argued that the costs of the ADA would be "enormous" and have "a disastrous impact on many small businesses struggling to survive."[35] The National Federation of Independent Businesses, an organization that lobbies for small businesses, called the ADA "a disaster for small business."[36] Pro-business conservative commentators joined in opposition, writing that the Americans with Disabilities Act was "an expensive headache to millions" that would not necessarily improve the lives of people with disabilities.[37]

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]

As organizations around the world scramble to bring their sites into compliance with the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG), focus on other, preexisting accessibility regulations has also intensified. The United States’ Americans with Disabilities Act (ADA) is one of the most visible and one of the most complicated pieces of legislation in the sphere of accessibility. Let’s look at some of the ins and outs of what an ADA compliant website means today.

The Americans with Disabilities Act of 1990 or ADA (42 U.S.C. § 12101) is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964,[1] which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations.[2]
For people who are blind, have vision loss, or are deaf-blind, this includes providing a qualified reader; information in large print, Braille, or electronically for use with a computer screen-reading program; or an audio recording of printed information. A “qualified” reader means someone who is able to read effectively, accurately, and impartially, using any necessary specialized vocabulary.
The debate over the Americans with Disabilities Act led some religious groups to take opposite positions.[32] The Association of Christian Schools International, opposed the ADA in its original form.[33] primarily because the ADA labeled religious institutions "public accommodations", and thus would have required churches to make costly structural changes to ensure access for all.[34] The cost argument advanced by ACSI and others prevailed in keeping religious institutions from being labeled as "public accommodations".[24]
The Fair Housing Act (FHA) protects a person with a disability from discrimination in obtaining housing. Under this law, a landlord or homeowner’s association must provide reasonable accommodation to people with disabilities so that they have an equal opportunity to enjoy and use a dwelling.8 Emotional support animals that do not qualify as service animals under the ADA may nevertheless qualify as reasonable accommodations under the FHA.9 In cases when a person with a disability uses a service animal or an emotional support animal, a reasonable accommodation may include waiving a no-pet rule or a pet deposit.10 This animal is not considered a pet.

It is the sincere hope of Pax’s handler that this guide will be useful in improving the understanding about service animals, their purpose and role, their extensive training, and the rights of their handlers to travel freely and to experience the same access to employment, public accommodations, transportation, and services that others take for granted.

The Fair Housing Act (FHA), as amended in 1988, applies to housing. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in all housing programs and activities that are either conducted by the federal government or receive federal financial assistance. Title II of the ADA applies to housing provided by state or local government entities.
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.
As a web developer, Ryan's work is what makes the magic happen. He spends most of his time creating custom websites, which involves turning the designers' visual mockups into code. It's lucky that he's such a good problem solver, because many of Ryan's projects involve working with clients to create complex custom functions. He's also one of the few developers in the country with extensive experience developing for the HubSpot CMS.
In addition, it is important to understand that ADA compliance is not a one-time activity. If you are constantly producing new content and updating your website, you must address ADA compliance issues on a regular basis. More often than not, it is much easier if your business has adopted an accessibility policy. Training your staff is also critical. Without ongoing training, your business is going to be reactive in dealing with compliance issues.
Title II of the ADA and Section 504 Complaints - The Office for Civil Rights (OCR) in the Department of Education enforces Title II of the ADA and Section 504 as they apply to education. Those who have had access denied due to a service animal may file a complaint with OCR or file a private lawsuit in federal court. An OCR complaint must be filed within 180 calendar days of the date of the alleged discrimination, unless the time for filing is extended for good cause. Before filing an OCR complaint against an institution, an individual may want to find out about the institution’s grievance process and use that process to have the complaint resolved. However, an individual is not required by law to use the institutional grievance process before filing a complaint with OCR. If someone uses an institutional grievance process and then chooses to file the complaint with OCR, the complaint must be filed with OCR within 60 days after the last act of the institutional grievance process.
Webpage designers often have aesthetic preferences and may want everyone to see their webpages in exactly the same color, size and layout. But because of their disability, many people with low vision do not see webpages the same as other people. Some see only small portions of a computer display at one time. Others cannot see text or images that are too small. Still others can only see website content if it appears in specific colors. For these reasons, many people with low vision use specific color and font settings when they access the Internet – settings that are often very different from those most people use. For example, many people with low vision need to use high contrast settings, such as bold white or yellow letters on a black background. Others need just the opposite – bold black text on a white or yellow background. And, many must use softer, more subtle color combinations.

You may have noticed that the law refers to federal agencies, so you might be thinking, “Well, this a federal issue -- how does this relate to a private business website, or how am I affected by this law?” Websites are now considered public entities since any user can access them via a computer or any other device. Think of this as a building requiring wheelchair-accessible ramps. The same basic principle applies to websites or any other technology.
IDEA Complaints - Parents can request a due process hearing and a review from the state educational agency if applicable in that state. They also can appeal the state agency’s decision to state or federal court. You may contact the Office of Special Education and Rehabilitative Services (OSERS) for further information or to provide your own thoughts and ideas on how they may better serve individuals with disabilities, their families and their communities.
Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. For example, in a hospital it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal’s presence may compromise a sterile environment.
When choosing an aid or service, title II entities are required to give primary consideration to the choice of aid or service requested by the person who has a communication disability. The state or local government must honor the person’s choice, unless it can demonstrate that another equally effective means of communication is available, or that the use of the means chosen would result in a fundamental alteration or in an undue burden (see limitations below). If the choice expressed by the person with a disability would result in an undue burden or a fundamental alteration, the public entity still has an obligation to provide an alternative aid or service that provides effective communication if one is available.
The ADA defines a covered disability as a physical or mental impairment that substantially limits one or more major life activities, a history of having such an impairment, or being regarded as having such an impairment. The Equal Employment Opportunity Commission (EEOC) was charged with interpreting the 1990 law with regard to discrimination in employment. The EEOC developed regulations limiting an individual's impairment to one that "severely or significantly restricts" a major life activity. The ADAAA directed the EEOC to amend its regulations and replace "severely or significantly" with "substantially limits", a more lenient standard.[42]
UPDATE: Since writing this post in August 2017, several important changes have taken place in the laws regarding ADA compliance for websites. On December 26, 2017, the Department of Justice announced that they have withdrawn the Obama-era Advance Notice of Proposed Rulemaking mentioned in this article which intended to require ADA website compliance. The DOJ’s withdrawal announcement stated, “The Department will continue to assess whether specific technical standards are necessary and appropriate to assist covered entities with complying with the ADA.”
You may have noticed that the law refers to federal agencies, so you might be thinking, “Well, this a federal issue -- how does this relate to a private business website, or how am I affected by this law?” Websites are now considered public entities since any user can access them via a computer or any other device. Think of this as a building requiring wheelchair-accessible ramps. The same basic principle applies to websites or any other technology.
Service animals – For evidence that an animal is a service animal, air carriers may ask to see identification cards, written documentation, presence of harnesses or tags, or ask for verbal assurances from the individual with a disability using the animal. If airline personnel are uncertain that an animal is a service animal, they may ask one of the following:
The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
The ADA has been criticized on the grounds that it decreases the employment rate for people with disabilities[48] and raises the cost of doing business for employers, in large part due to the additional legal risks, which employers avoid by quietly avoiding hiring people with disabilities. Some researchers believe that the law has been ineffectual.[49] Between 1991 (after the enactment of the ADA) and 1995, the employment rate of men with disabilities dropped by 7.8% regardless of age, educational level, or type of disability, with the most affected being young, less-educated and mentally disabled men.[50] Despite the many criticisms, a causal link between the ADA and declining disabled employment over much of the 1990s has not been definitively identified.[51]

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."
Title III of the ADA requires that every owner, lessor, or operator of a “place of public accommodation” provide equal access to users who meet ADA standards for disability. With roughly 1.66 billion people around the world making online purchases in 2017, one might reasonably presume that this concept extends to websites, but from a legal standpoint, there is a surprising amount of grey area.
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