These and other types of multimedia can present two distinct problems for people with different disabilities. People who are deaf or hard of hearing can generally see the information presented on webpages. But a deaf person or someone who is hard of hearing may not be able to hear the audio track of a video. On the other hand, persons who are blind or have low vision are frequently unable to see the video images but can hear the audio track.
In some circumstances, longer and more detailed text will be necessary to convey the same meaningful information that other visitors to the website can see. For example, a map showing the locations of neighborhood branches of a city library needs a tag with much more information in text format. In that instance, where the map conveys the locations of several facilities, add a “longdesc” tag that includes a text equivalent description of each location shown on the map – e.g., “City Center Library, 433 N. Main Street, located on North Main Street between 4th Avenue and 5th Avenue.”
People with disabilities are all around us. They live in every country and often experience life in a very different manner than those individuals who don’t have emotional, mental, or physical disabilities. In fact, 15 percent of the global population is classified as disabled. Of this 15 percent, an estimated 190 million people experience significant disabilities.¹
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.
Your company’s website is your primary communications tool and a vital part of your infrastructure. Your clients and customers -- both current and potential -- are coming to you from a wide range of backgrounds, experiences and perspectives. It makes good business sense to have a site that is accessible to as many people as possible to demonstrate to your users and clients that you understand their needs and want to meet them where they are in order to best serve them.
Every year numerous lawsuits are taken against businesses that fail to follow the ADA’s proposed requirements for web accessibility. This failure occurs because organizations, including state and local government entities, fail to read the ADA Best Practices Tool Kit.8 They also do not follow the most up to date version of the WCAG.9 These two failures are not only detrimental to people with disabilities who want to effectively browse the web, but they are also inexcusable in today’s digitally driven world.
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.
Because the ADA does not specifically mention websites, it also does not outline standards for how organizations can make their websites accessible. However, the DOJ has frequently cited recommendations such as the Web Content Accessibility Guidelines (WCAG) 2.0 as acceptable metrics for accessibility. WCAG 2.0 includes many different criteria at three different “success levels” of accessibility, ranging from high-contrast color schemes to closed captions for video content.
Videos need to incorporate features that make them accessible to everyone. Provide audio descriptions of images (including changes in setting, gestures, and other details) to make videos accessible to people who are blind or have low vision. Provide text captions synchronized with the video images to make videos and audio tracks accessible to people who are deaf or hard of hearing.
Consequently, the Department intends to publish a Notice of Proposed Rulemaking (NPRM) to amend its Title II regulations to expressly address the obligations of public entities to make the websites they use to provide programs, activities, or services or information to the public accessible to and usable by individuals with disabilities under the legal framework established by the ADA.
You may have installed a ramp, increased the width of your door frames, or made other accommodations to ensure that your physical premises are accessible to all. The requirement for equal access used to only apply to physical locations and storefronts, but now the government is actively ensuring that the requirements for ADA accessibility include online properties such as websites and mobile apps.
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.
Case law has been the most helpful in illuminating the implications of the ADA for websites.There have been lawsuits involving companies like Expedia, Hotels.com, Southwest Airlines, and Target as defendants and primarily featuring accessibility organizations as plaintiffs. These cases had mixed results, but each helped clarify the ADA's jurisdiction on the web.
Use the plugin, follow its instruction, and resolve the compliance issues identified. You’ll find that using the plugin will save you an incredible amount of time as you maintain your site’s compliance on a month-to-month basis. The best part, it identifies the compliance issues and tells you exactly which code elements are out of compliance and why! Our average customer is reporting a 10x-20x time savings over manually identifying and fixing these problems. In extreme cases more than 30x time savings has been reported! Using the plugin alone does not guarantee compliance. Some parts of accessibility can’t be automatically scanned and must be manually audited but we also provide independent 3rd-party audits and certifications of compliance. The Accessibility Suite Pro Plugin for WordPress makes this process profoundly easier.