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Are You ADA Compliant? Ensuring Your Website is
Accessible to People with Disabilities
September 28th – 9 to 11 am
Agenda
• Introductions • What is Accessibility & Usability • Business Drivers • Laws & Regulations • Types of Disabilities • Assistive Technologies • CLB Service Offerings and Referral Program • Q&A
What is Accessibility & Usability
Digital Accessibility Digital accessibility consists in making it possible for everyone, especially persons with disabilities, to use computer hardware and software, as well as to consult and create digital resources, on devices of all kinds (computers, mobile telephones, tablets, etc.).
What is Accessibility & Usability
Usability Usability refers to the ability of average users with the “standard” range of equipment or perceptual and motor abilities to navigate and use a Web site.
Business Drivers
• Avoid Revenue Loss – Public sector revenues maybe lost due to non-conformance with Section 508 or similar standards
• Eliminate Employee Discrimination –Inaccessible IT systems can draw EEOC complaints from employees
• Minimize Legal Risk – Cost of litigation and required retrofitting under ADA or similar legislation
• Conform to the Law – Organization must conform with Section 508 or ADA requirements
Current Standards & Guidelines
• Web Content Accessibility Guidelines – Technical Guidelines (International)
• Section 508 of the Rehabilitation Act of 1973 (United States) • The Board’s Section 508 Standards apply to electronic and information
technology procured by the federal government, including computer hardware and software, websites, phone systems, and copiers. They were issued under section 508 of the Rehabilitation Act which requires access for both members of the public and federal employees to such technologies when developed, procured, maintained, or used by federal agencies
Current Standards & Guidelines
• Section 508 Refresh • The Access Board has updated the Section 508 standards, which were
issued in 2000. • The Access Board approved updated requirements for information and
communication technology (ICT) and new standards for medical diagnostic equipment at its meeting on September 14. The Board will proceed to submit both final rules to the Office of Management and Budget (OMB) for review and clearance.
• CVAA, Section 255, Air Carrier Access Act & ADA Title III
Where Things Stand: Legal Status
• There are no specific published technical requirements that define how the ADA is applied to the Internet
• Different circuit courts and the DoJ have different positions • This is a developing legal area and knowledgeable counsel is
critical
Where Things Stand: ADA Enforcement
• The Department of Justice:
• Enforces based on WCAG 2.0 Level AA guidelines as the technical standard
• State and Local: • Depending on your state,
you could get pressure from state and local agencies or the State Attorney General
Advocacy Groups:
Pursue litigation to accomplish access
Plaintiff’s Counsel: ADA-focused plaintiff’s attorneys are actively pursuing web-related claims, especially in recent months
Where Things Stand: ADA Regulations
• DoJ has not issued a regulation adopting the legal standard for what constitutes an “accessible” website
• Title III rulemaking (1190-AA61) has an issuance date of no sooner than 2018
• Closest thing to official policy is the DoJ Advanced Notice of Proposed Rulemaking (ANPRM):
• In nearly all recently-settled cases the defendant was required to conform to WCAG Level A or AA requirements or a mix of both
Dealing with Demand Letters
What To Do First (Hint: Don’t call CLB) • Counsel is critical • Either your in-house legal team or external counsel • Majority of demand letters we’ve seen are boilerplate and rely
principally on automatic testing results, not expert testing • Your legal counsel can create a plan alongside a technical
consultant like CLB
How accessibility issues relate to the Information and
Communication Technology (ICT) and impacts people with
disabilities
Types of Disabilities
• Common Disability Types • Visual
• Blindness • Low Vision
• Auditory/Hearing • Deaf • Hard of Hearing
• Speech • Cognitive • Age Related • Mobility
Assistive Technologies
Definition:
Assistive technologies are devices, software, or techniques used to assist individuals with disabilities in the use (or access) of information
Assistive Technologies • Examples of assistive technology for ICT user:
• Screen readers • Refreshable Braille displays • Screen magnifiers • Onscreen or other special keyboards • TDD/TTY and video relay devices • Text-to-speech software • Word prediction software
• Screen readers and screen magnifiers are the most common types of assistive technology used by persons who are blind or visually impaired
CLB Services
• Limited Audits for Free • Competitively Priced Comprehensive Audits • Periodic Monitoring • Training • General and Specific Consultations
• Strategic Accessibility Policy Creation and Implementation • Referral Program
Contact Information
Vencer Cotton, Sr. Director of Technology and Training
Direct: 240-737-5137 Email: [email protected]