Are You ADA Compliant? Ensuring Your Website is

Accessible to People with Disabilities

September 28th – 9 to 11 am

Accessibility is a Right

Agenda

• Introductions • What is Accessibility & Usability • Business Drivers • Laws & Regulations • Types of Disabilities • Assistive Technologies • CLB Service Offerings and Referral Program • Q&A

Understanding Accessibility in

Our World Today

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

Accessibility standards, laws, and regulations

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

Some Statistics

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

Web Accessibility Essential Components

Overview of (CLB) Accessibility Assurance services

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

Questions & Answers

Feel free to ask any questions

Contact Information

Vencer Cotton, Sr. Director of Technology and Training

Direct: 240-737-5137 Email: vcotton@clb.org