While the impact of the Americans with Disabilities Act on online accessibility is likely to remain vague for the foreseeable future, there is no question that equal access is a major concern for users across America, and for the courts that serve those users. In lieu of a clear set of national guidelines, abiding by WCAG accessibility standards remains the best option for most organizations. It’s not just a smart way to avoid accessibility lawsuits and negative publicity—providing accessible solutions for all users is just the right thing to do.
You can use the online WAVE tool by entering a web page address (URL) in the field above. WAVE Firefox and Chrome extensions are available for testing accessibility directly within your web browser - handy for checking password protected, locally stored, or highly dynamic pages. We also have a WAVE Runner service, subscription WAVE API and a stand-alone WAVE API for easily collecting data on many pages. If you need enterprise-level reporting and tracking of accessibility, WAVE powers the Pope Tech accessibility tool.
Web designers often design in such a way that does not allow the user to adjust font size or color. While they may be protecting their brand, they are also inhibiting some users. Many visually impaired need to use high contrast color settings or very large fonts to read a website. Don't design your website in a way that makes it impossible for them to do this.
The first step would be to review ADA compliance requirements and document how your current website measures up. You can run free test by visiting WAVE Web Accessibility Tool Website to see if you have errors regarding website accessibility. This is an online report that will show errors and alerts, and some of them you must test manually to confirm if they are an actual error or not. For example, if it shows an issue with all posted PDFs, you would have to check each PDF individually to see if it is indeed non-compliant.
The landscape of disabled access litigation related to online services has significantly changed and expanded over the past decade. Initially, the internet was an area of little concern as courts uniformly held that the ADA applied to "brick and mortar" facilities, not to cyberspace. This has changed and online accessibility is presently, and will continue to be, an area of significant investigation and litigation.
More than 1 billion people live with disabilities; over 57 million reside in the United States, many of whom are unable to participate in everyday activities, such as using computers, mobile phones, tablets, and similar technologies. Devices that should help to improve quality of life for disabled individuals often become a source of frustration due to the inaccessibility of websites. By making your website ADA compliant, you will gain a new and loyal revenue source, and minimize the possibility of legal action against your company.
Service animals in public schools (K-12)13 – The ADA permits a student with a disability who uses a service animal to have the animal at school. In addition, the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act allow a student to use an animal that does not meet the ADA definition of a service animal if that student’s Individual Education Plan (IEP) or Section 504 team decides the animal is necessary for the student to receive a free and appropriate education. Where the ADA applies, however, schools should be mindful that the use of a service animal is a right that is not dependent upon the decision of an IEP or Section 504 team.14
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.
One thing to check is that your website includes alternative text (aka alt text) for each image. Alt text is a word or phrase that describes an image for those with a visual impairment. Having accurate alt text is important not only because it enables screen reading software, such as NVDA or JAWS, to describe images to visually impaired users, but also because it enables search engines to display images based on written descriptions and to display search results more accurately. This type of testing can be tedious to do manually, so consider using an automated system to find potential violations and issues faster. The W3C has a list of web accessibility evaluation tools.
In 2018 alone, there were around 1,000 lawsuits related to website accessibility. Industries affected include e-commerce stores, restaurants, consumer goods companies and more. These lawsuits even impacted major corporations such as Hershey's, Burger King and Nike, to name a few. With no slowdown in lawsuits expected, it's essential that companies comply with ADA standards to avoid costly litigation and negative press.
Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, was a case in which the Supreme Court interpreted the meaning of the phrase "substantially impairs" as used in the Americans with Disabilities Act. It reversed a Sixth Court of Appeals decision to grant a partial summary judgment in favor of the respondent, Ella Williams, that qualified her inability to perform manual job-related tasks as a disability. The Court held that the "major life activity" definition in evaluating the performance of manual tasks focuses the inquiry on whether Williams was unable to perform a range of tasks central to most people in carrying out the activities of daily living. The issue is not whether Williams was unable to perform her specific job tasks. Therefore, the determination of whether an impairment rises to the level of a disability is not limited to activities in the workplace solely, but rather to manual tasks in life in general. When the Supreme Court applied this standard, it found that the Court of Appeals had incorrectly determined the presence of a disability because it relied solely on her inability to perform specific manual work tasks, which was insufficient in proving the presence of a disability. The Court of Appeals should have taken into account the evidence presented that Williams retained the ability to do personal tasks and household chores, such activities being the nature of tasks most people do in their daily lives, and placed too much emphasis on her job disability. Since the evidence showed that Williams was performing normal daily tasks, it ruled that the Court of Appeals erred when it found that Williams was disabled. This ruling is now, however, no longer good law—it was invalidated by the ADAAA. In fact, Congress explicitly cited Toyota v. Williams in the text of the ADAAA itself as one of its driving influences for passing the ADAAA.
While legal considerations might be your biggest worry, making your site more accessible is simply good customer service. More than 39 million Americans are blind and another 246 million have "low vision," Another one million are deaf in the U.S. Add to that people with mobility issues that prevent them from using their hands and that's a huge portion of the country's buying power.