Title III of the Americans with Disabilities Act (ADA) is being interpreted by courts to include websites as “places of public accommodation”. This means that a disabled person (visually or physically impaired) should be able to access, navigate, and use the content of your website. If your website is not accessible to people with disabilities, your company could be sued.
Steps to make your website Accessible / ADA compliant
Step 1. You should add an Accessibility Policy to your website to communicate to visitors that you’re striving for accessibility and give them a mechanism for submitting accessibility feedback so you can resolve any issues they experience prior to a lawsuit being filed. You can view an example accessibility policy here: https://wowie.co/website-accessibility-template/
Step 2. Add a free accessibility plugin to your site. These plugins can’t resolve all accessibility issues, but they are a quick step in the right direction. We recommend WP Accessibility.
Step 3. Work to make your website accessible according to WCAG Level AA standards. Unless you are very technical, you will most likely want to delegate this job to an experienced web developer.
What is website accessibility?
Website Accessibility makes it possible for visually and physically disabled individuals to use your website. Visually impaired people use screen readers, among many other tools, to navigate a website. Physically impaired individuals, unable to use a mouse, may only use a keyboard, or another device, to navigate a website.
Is there a law requiring your website to be accessible?
No, there is not! However, courts are ruling in favor of plaintiffs, as the Supreme Court did with their decision against Domino’s Pizza. It’s a bit of a short circuit in the system. Courts are considering websites “places of public accommodation” under the Americans with Disabilities Act (ADA). However, the ADA pre-dates the internet and provides no guidance on how a website should be made accessible, leaving business owners in a bit of a conundrum.
In The National Association of the Deaf vs. Netflix, the United States Department of Justice submitted a statement: “The Department of Justice is currently developing regulations specifically addressing the accessibility of goods and services offered via the web by entities covered by the ADA. The fact that the regulatory process is not yet complete in no way indicates that web services are not already covered by title III.”
— Statement of Interest of the United States Department of Justice (page 9)
So what are the rules?
Courts are requiring businesses to be in compliance with Section 508 of The Rehabilitation Act. This law requires federal agencies to make their electronic information accessible in accordance with W3C’s Web Content Accessibility Guidelines (WCAG). There are 3 tiers of accessibility compliance outlined by the Web Content Accessibility Guidelines (WCAG):
- “A” (Beginner)
- “AA” (Intermediate)
- “AAA” (Advanced)
Small businesses should comply with Level A (Beginner) and AA (Intermediate) guidelines. These are the accessibility standards most often referenced in court cases. Level AAA (Advanced) is typically reserved for organizations that specifically cater to disabled individuals.
66% of the world’s largest retailers have been affected by an ADA lawsuit. 60% of the top U.S. restaurant chains have been affected (Source). As a small organization, it is probably unlikely you will be targeted in the near future. However, there is no guarantee you won’t be affected:
“Just one blind activist sued 175 stores in 2 years. At first, she targeted big-name stores like Sephora, but then she filed a complaints against smaller businesses, like local shoe stores, bakeries, or caterers who have just a small store in a local mall.” Source
When does your website need to be ADA compliant?
There isn’t a set deadline for ADA compliance. Compliance and requirement details are being fleshed out by court rulings happening across the country. The general direction this is heading indicates all websites will need to be ADA compliant at some point in the future.
Website accessibility lawsuits have increased over 753% in recent years — from 262 lawsuits in 2016 to 2,235 in 2019 (Source). With ADA lawsuits increasing, it is wise to take steps to protect your business from potential legal action if possible (we outline the steps you should take to protect yourself below).
Do you need to handle this now?
For now, you may be able to fly under the radar without complying due to the sheer number of websites that exist. But keep in mind that when ADA accessibility cases are filed, the plaintiffs are winning. You may choose to wait this out until more small businesses are being affected and the exact accessibility expectations are clarified.
It is a bit of a gamble to assume you won’t be targeted and all signs point to this being something that will be required of all websites in the future. The internet has become a critical part of modern life, and making it accessible to people with disabilities is a growing concern.
What, exactly, does it mean to make your website ADA compliant?
Unfortunately, there are no hard and fast rules to conform to. The World Wide Web Consortium publishes “guidelines” which are listed on this page. In general, there are usually changes that need to be made to the website so that all its content is consumable. For instance, all website images need a description (called an “alt tag”) so that text to voice software can communicate the content of the image to the disabled visitor. Without this tag, the software has no way of knowing what the image is. Again, a list of requirements is listed below.
Website Accessibility - Level A
1.1.1 Non-text Content
1.2.1 Audio-only and Video-only (Prerecorded)
1.2.2 Captions (Prerecorded)
1.2.3 Audio Description or Media Alternative (Prerecorded)
1.3.1 Info and Relationships
1.3.2 Meaningful Sequence
1.3.3 Sensory Characteristics
1.4.1 Use of Color
1.4.2 Audio Control
2.1.1 Keyboard
2.1.2 No Keyboard Trap
2.2.1 Timing Adjustable
2.2.2 Pause, Stop, Hide
2.3.1 Three Flashes or Below Threshold
2.4.1 Bypass Blocks
2.4.2 Page Titled
2.4.3 Focus Order
2.4.4 Link Purpose (In Context)
2.5.1 Pointer Gestures
2.5.2 Pointer Cancellation
2.5.3 Label in Name
Website Accessibility - Level AA
1.2.4 Captions (Live)
1.2.5 Audio Description (Prerecorded)
1.3.4 Orientation
NOTE
Examples where a particular display orientation may be essential are a bank check, a piano application, slides for a projector or television, or virtual reality content where binary display orientation is not applicable.
1.3.5 Identify Input Purpose
- The input field serves a purpose identified in the Input Purposes for User Interface Components section; and
- The content is implemented using technologies with support for identifying the expected meaning for form input data.
1.4.3 Contrast (Minimum)
- Large Text Large-scale text and images of large-scale text have a contrast ratio of at least 3:1;
- Incidental Text or images of text that are part of an inactive user interface component, that are pure decoration, that are not visible to anyone, or that are part of a picture that contains significant other visual content, have no contrast requirement.
- Logotypes Text that is part of a logo or brand name has no contrast requirement.
1.4.4 Resize text
1.4.5 Images of Text
Customizable – The image of text can be visually customized to the user’s requirements;
Essential – A particular presentation of text is essential to the information being conveyed.
NOTE
Logotypes (text that is part of a logo or brand name) are considered essential.
1.4.10 Reflow
- Vertical scrolling content at a width equivalent to 320 CSS pixels;
- Horizontal scrolling content at a height equivalent to 256 CSS pixels.
Except for parts of the content which require two-dimensional layout for usage or meaning.
320 CSS pixels is equivalent to a starting viewport width of 1280 CSS pixels wide at 400% zoom. For web content which are designed to scroll horizontally (e.g. with vertical text), the 256 CSS pixels is equivalent to a starting viewport height of 1024px at 400% zoom.
1.4.11 Non-text Contrast
- User Interface Components: Visual information required to identify user interface components and states, except for inactive components or where the appearance of the component is determined by the user agent and not modified by the author;
- Graphical Objects: Parts of graphics required to understand the content, except when a particular presentation of graphics is essential to the information being conveyed.
1.4.12 Text Spacing
- Line height (line spacing) to at least 1.5 times the font size;
- Spacing following paragraphs to at least 2 times the font size;
- Letter spacing (tracking) to at least 0.12 times the font size;
- Word spacing to at least 0.16 times the font size.
Exception: Human languages and scripts that do not make use of one or more of these text style properties in written text can conform using only the properties that exist for that combination of language and script.
1.4.13 Content on Hover or Focus
- Dismissable – A mechanism is available to dismiss the additional content without moving pointer hover or keyboard focus, unless the additional content communicates an input error or does not obscure or replace other content
- Hoverable – If pointer hover can trigger the additional content, then the pointer can be moved over the additional content without the additional content disappearing
- Persistent – The additional content remains visible until the hover or focus trigger is removed, the user dismisses it, or its information is no longer valid.
Exception: The visual presentation of the additional content is controlled by the user agent and is not modified by the author.
title
attribute.2.4.5 Multiple Ways
2.4.6 Headings and Labels
2.4.7 Focus Visible
3.1.2 Language of Parts
3.2.3 Consistent Navigation
3.2.4 Consistent Identification
3.2.5 Change on Request
3.3.3 Error Suggestion
3.3.4 Error Prevention (Legal, Financial, Data)
Reversible – Submissions are reversible.
Checked – Data entered by the user is checked for input errors and the user is provided an opportunity to correct them.
Confirmed – A mechanism is available for reviewing, confirming, and correcting information before finalizing the submission.
4.1.3 Status Messages
Website Accessibility - Level AAA
1.2.6 Sign Language (Prerecorded)
1.2.7 Extended Audio Description (Prerecorded)
1.2.8 Media Alternative (Prerecorded)
1.2.9 Audio-only (Live)
1.3.6 Identify Purpose
1.4.6 Contrast (Enhanced)
Large Text – Large-scale text and images of large-scale text have a contrast ratio of at least 4.5:1;
Incidental – Text or images of text that are part of an inactive user interface component, that are pure decoration, that are not visible to anyone, or that are part of a picture that contains significant other visual content, have no contrast requirement.
Logotypes – Text that is part of a logo or brand name has no contrast requirement.
1.4.7 Low or No Background Audio
- No Background – The audio does not contain background sounds.
- Turn Off – The background sounds can be turned off.
- 20 dB – The background sounds are at least 20 decibels lower than the foreground speech content, with the exception of occasional sounds that last for only one or two seconds.
- NOTE
Per the definition of “decibel,” background sound that meets this requirement will be approximately four times quieter than the foreground speech content.
1.4.8 Visual Presentation
- Foreground and background colors can be selected by the user.
- Width is no more than 80 characters or glyphs (40 if CJK).
- Text is not justified (aligned to both the left and the right margins).
- Line spacing (leading) is at least space-and-a-half within paragraphs, and paragraph spacing is at least 1.5 times larger than the line spacing.
- Text can be resized without assistive technology up to 200 percent in a way that does not require the user to scroll horizontally to read a line of text on a full-screen window.
1.4.9 Images of Text (No Exception)
Logotypes (text that is part of a logo or brand name) are considered essential.
2.1.3 Keyboard (No Exception)
2.2.3 No Timing
2.2.4 Interruptions
2.2.5 Re-authenticating
2.2.6 Timeouts
2.3.2 Three Flashes
2.3.3 Animation from Interactions
2.4.8 Location
2.4.9 Link Purpose (Link Only)
2.4.10 Section Headings
NOTE
“Heading” is used in its general sense and includes titles and other ways to add a heading to different types of content.
NOTE
This success criterion covers sections within writing, not user interface components. User Interface components are covered under Success Criterion 4.1.2.
2.5.5 Target Size
Equivalent – The target is available through an equivalent link or control on the same page that is at least 44 by 44 CSS pixels;
Inline – The target is in a sentence or block of text;
User Agent Control – The size of the target is determined by the user agent and is not modified by the author;
Essential – A particular presentation of the target is essential to the information being conveyed.
2.5.6 Concurrent Input Mechanisms
3.1.3 Unusual Words
3.1.4 Abbreviations
3.1.5 Reading Level
3.1.6 Pronunciation
3.2.5 Change on Request
3.3.5 Help
3.3.6 Error Prevention (All)
Reversible – Submissions are reversible.
Checked – Data entered by the user is checked for input errors and the user is provided an opportunity to correct them.
Confirmed – A mechanism is available for reviewing, confirming, and correcting information before finalizing the submission.
LEGAL DISCLAIMER: We aren’t lawyers and you should not take anything we’ve written here as legal advice. The purpose of this page is to provide a basic solution that should satisfy most disabled visitors. It gives them the ability to navigate and use the majority of content on your site. It also shows you’ve made a sincere effort toward making your site accessible so it should provide some level of protection from legal action.