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.
Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules. Learn about the history of the Act at ADA at 25.

• Operable: Ensure not only that it's simple for users to navigate using a mouse, but also that it's easy to navigate using keyboard-only commands. Try pressing the “tab” key repeatedly to see whether you can access elements on your website using the keyboard alone. Many people who have motor disabilities, as well as people with visual impairments, rely on a keyboard. If your site relies on interaction by a computer mouse, you may want to seek a developer’s assistance in improving this aspect of accessibility.

An employer generally does not have to provide a reasonable accommodation unless an individual with a disability has asked for one. if an employer believes that a medical condition is causing a performance or conduct problem, it may ask the employee how to solve the problem and if the employee needs a reasonable accommodation. Once a reasonable accommodation is requested, the employer and the individual should discuss the individual's needs and identify the appropriate reasonable accommodation. Where more than one accommodation would work, the employer may choose the one that is less costly or that is easier to provide.
An accessible information technology system is one that can be operated in a variety of ways and does not rely on a single sense or ability of the user. This is important because a system that provides output only in visual format may not be accessible to people who are blind or have low vision, and a system that provides information only in audio format may not be accessible to people who are deaf or hard of hearing. Some individuals with disabilities may also need accessibility-related software or peripheral devices in order to use systems that comply with Section 508.
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:
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]
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. 
Predictable: Websites should operate in ways that are familiar and predictable. When a new page element is in focus, the website should not initiate a change of context such as opening a new window or going to a new page. In addition, the website should warn of user-initiated changes of context ahead of time, for instance through the use of a submit button. Navigation and labeling should remain consistent between different pages.
If you do get sued, if you immediately remediate your website, you may be able to get the lawsuit dismissed on mootness (there’s no longer anything in dispute, i.e. plaintiffs are arguing your website is inaccessible but you’ve already made it accessible). This definitely does not mean you should wait to fix your website but it does mean you may have an out.
Two agencies within the U.S. Department of Labor enforce parts of the ADA. The Office of Federal Contract Compliance Programs (OFCCP) has coordinating authority under the employment-related provisions of the ADA. The Civil Rights Center (CRC) is responsible for enforcing Title II of the ADA as it applies to the labor- and workforce-related practices of state and local governments and other public entities. Visit the Laws & Regulations subtopic for specific information on these provisions.
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 complicated pieces of accessibility legislation. Let’s look at some of the ins and outs of what an ADA compliant website means today. Or, if you're interested in seeing the nitty-gritty details of your site's accessibility, request a free website audit report using the form on this page.
People with disabilities that affect their sight, hearing, or mobility may have difficulty accessing certain parts of websites and other online properties unless certain accommodations are made. Just as businesses may need to make adjustments to their physical location so that disabled customers have easy access to the premises, companies may need to adjust certain aspects of their websites so individuals with disabilities can take full advantage of all the features and services.
2.1 is about enhancing and optimizing your accessibility. If your website only complies with 2.0, it doesn’t mean it’s inaccessible. Most companies are completely caught off guard by accounting for access to disabled – this is what’s being litigated across the US right now – so you’re by no means behind if you haven’t integrated all of the new updates.
Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules. Learn about the history of the Act at ADA at 25.

The Workforce Innovation and Opportunity Act (WIOA), passed in 2014, is a law that focuses on assisting job seekers with and without disabilities in getting good jobs. The law also helps connect employers with skilled workers who benefit from education, skills training and career services from the workforce development system. WIOA helps improve the quality and accessibility of services that job seekers and employers receive at their local American Job Centers (AJCs). Title IV of WIOA amended Title I of the Rehabilitation Act. In addition, WIOA made several improvements to state vocational rehabilitation (VR) agencies, including the requirement to set aside at least 15 percent of their funding to provide transition services to youth with disabilities. WIOA also expanded VR's focus on employer engagement to provide work-based learning experiences and find competitive integrated employment for individuals with significant disabilities. This means work that is at minimum wage or higher, and with wages and benefits similar to those without disabilities performing the same work, and working alongside of coworkers without disabilities.
Title I of the ADA protects the rights of both employees and job seekers. Title I applies to private-sector employers who employ 15 or more individuals, state and local governments, and employment agencies and labor organizations. The law prohibits these employers from discriminating against qualified individuals with disabilities in all aspects of employment. One of the key non-discrimination aspects of Title I is the requirement to provide reasonable accommodations for employees and job seekers with disabilities. The Equal Employment Opportunity Commission (EEOC) has primary enforcement responsibility under Title I of the ADA. The EEOC has several fact sheets that describe how the ADA applies to employees with certain types of medical conditions, such as cancer, diabetes and epilepsy.
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.
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.
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]
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!
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.
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 ADA regulations don't mention websites, the U.S. Department of Justice frequently cites recommendations such as the Web Content Accessibility Guidelines (WCAG) 2.0 and 2.1 created by the World Wide Web Consortium (W3C), an international group that helps create and promote web standards. The WCAG highlight different criteria for making websites more accessible to people with disabilities, such as including captions for audio content and using high-contrast color schemes.
Employers who hire certain targeted low-income groups, including individuals referred from vocational rehabilitation agencies and individuals receiving Supplemental Security Income (SSI) may be eligible for an annual tax credit of up to $2,400 for each qualifying employee who works at least 400 hours during the tax year. Additionally, a maximum credit of $1,200 may be available for each qualifying summer youth employee.
2.1 is about enhancing and optimizing your accessibility. If your website only complies with 2.0, it doesn’t mean it’s inaccessible. Most companies are completely caught off guard by accounting for access to disabled – this is what’s being litigated across the US right now – so you’re by no means behind if you haven’t integrated all of the new updates.
Tennessee v. Lane[80], 541 U.S. 509 (2004), was a case in the Supreme Court of the United States involving Congress's enforcement powers under section 5 of the Fourteenth Amendment. George Lane was unable to walk after a 1997 car accident in which he was accused of driving on the wrong side of the road. A woman was killed in the crash, and Lane faced misdemeanor charges of reckless driving. The suit was brought about because he was denied access to appear in criminal court because the courthouse had no elevator, even though the court was willing to carry him up the stairs and then willing to move the hearing to the first floor. He refused, citing he wanted to be treated as any other citizen, and was subsequently charged with failure to appear, after appearing at a previous hearing where he dragged himself up the stairs.[81] The court ruled that Congress did have enough evidence that the disabled were being denied those fundamental rights that are protected by the Due Process clause of the Fourteenth Amendment and had the enforcement powers under section 5 of the Fourteenth Amendment. It further ruled that "reasonable accommodations" mandated by the ADA were not unduly burdensome and disproportionate to the harm.[82]
Medical records are confidential. The basic rule is that with limited exceptions, employers must keep confidential any medical information they learn about an applicant or employee. Information can be confidential even if it contains no medical diagnosis or treatment course and even if it is not generated by a health care professional. For example, an employee's request for a reasonable accommodation would be considered medical information subject to the ADA's confidentiality requirements.

Once you have been hired and started work, your employer cannot require that you take a medical examination or ask questions about your disability unless they are related to your job and necessary for the conduct of your employer's business. Your employer may conduct voluntary medical examinations that are part of an employee health program, and may provide medical information required by State workers' compensation laws to the agencies that administer such laws.


On September 15, 2010 the Department published final regulations revising the Department’s ADA regulations, including the adoption of updated ADA Standards for Accessible Design (2010 Standards).  The revised final rules went into effect on March 15, 2011.  Compliance with the 2010 Standards was required on March 15, 2012, except that compliance with the requirements in the 2010 Standards with respect to existing swimming pools was subsequently extended to January 31, 2013. (77 FR 30174 (May 21, 2012)).
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