2022 Digital Accessibility Legal Update.pdf

1. 2022 Digital Accessibility Legal Update Lainey Feingold | LFLegal.com | @LFLegal (Twitter + Mastodon.social) 3Play Media Webinar Series December 8, 2022

2. Today’s roadmap 1. What is digital accessibility? 2. Why is accessibility a civil right? 3. What are the laws? 4. What are the regulations? 5. What’s on the horizon? 6. How are laws implemented? 7. Best practices to stay ahead of the legal curve 8. How to talk about the law and digital a11y (and how not to!) 2

3. Disclaimers . . . §Not legal advice §An update – not ALL cases or laws §Words matter § People/identity 1st § A11y | usability | inclusive or universal design 3

4. #1 What is digital accessibility? 4

5. Digital Accessibility is . . § A bridge connecting disabled people to technology and digital information § All people with disabilities § All technology + content § Not just websites § Apps, workplace + learning software, kiosks +++ § That makes YOU a bridge builder 5

6. Digital access is the door! “We are not focused on things like . . .accessibility. We want to do it all but first, let's get everyone in. ” --Noam Bardin, Founder post.news §That makes YOU a door opener X 6

7. Digital Accessibility is . . . §Privacy and security for disabled people §Essential to Diversity, Equity and Inclusion §A civil right of people with disabilities 7

8. #2 Why is digital accessibility a civil right? 8

9. Accessibility barriers are stairs §Participation §Inclusion §Communication 9 Photo © Tom Olin

10. A11y is the difference between EXclusion and INclusion That makes YOU a civil rights enforcer 10

11. Civil rights are baked into laws 11

12. #3 What are the existing laws and regulations? “The legal framework gives us permission to dream what is possible.” § --Lizzie Kiama (Kenya) | Microsoft Ability Summit 2021 12

13. U.S. [current] Framework §ADA §Anti-discrimination §Effective communication §Section 504 | 508 §Air Carriers Access Act §False claims | 1557 §CVAA §State laws §Anti-discrimination §State-funded 13

14. #4 What are the proposed laws? 14

15. Proposed Websites and Software Apps Law §Affirms current ADA digital coverage + expands it §Requires DOJ to issue broad a11y regulations §Study on “emerging” tech §Resource: Article on LFLegal.com 15

16. Proposed CVAA Update §Communications, Video, and Technology Accessibility Act (CVTA) §Strength and expand captions + audio description §Reports + regs for emerging technology 16

17. #5 What are the proposed regulations? 17

18. Proposed Kiosk Regulations §Self service transaction terminals (SSTTs) §2010 > 2022 is a long time to wait §Current NPRM pending, comments closed 18

19. Will more accessibility regulations blossom next Spring? 19

20. Proposed DOJ title 2 #a11y regulations §Unified agenda promises April 2023 technical standards for web access §Resource: Article on LFLegal.com 20

21. Proposed DOE 504 regulation update §DOE: Asked for “written suggestions from the public about how best to improve the current regulations.” §Unified agenda says NRPM in May 2023 21

22. Proposed HHS 504 regulation update §Spring 2022 Unified agenda promised September 2022 NPRM on accessible medical equipment, auxiliary aids and services. §Promise not kept 22

23. #6 Short of regulations . . Federal Agency Guidance 23

24. DOJ + EEOC AI Hiring tool guidance 05/2022 DOJ Web A11y Guidance 03/2022 24 DOJ + HHS Telehealth Guidance 07/2022

25. Web Guidance: Basic for people new to the issue §Confirms ADA coverage of websites §Educates developers and decision-makers §Web accessibility as a DOJ priority §Offers resources, barrier examples, and fixes §Mentions WCAG as “helpful guidance §Missing § clear statement re web-only businesses or academic institutions § Anything other than web 25

26. Hiring Tool Guidance: Strong Language, Broad impact § Explains how “algorithms and artificial intelligence can lead to disability discrimination in hiring.” § “Employers must avoid using hiring technologies in ways that discriminate against people with disabilities. This includes when an employer uses another company’s discriminatory hiring technologies.” § Analogy? Higher ed admissions and test surveillance software? § Resource: Article on LFLegal.com 26

27. Telehealth Guidance §Based on non- discrimination provisions §Captions, ASL §Screen-reader compatible 27

28. Beyond the US § How to stay current § WAI § LFLegal § G3ICT 28

29. #7 How are current laws + regs implemented in the US? 29

30. Without implementation. . . 30

31. Who Implements? Strategies to make the dream real §People with disabilities §Gov’t agencies §Lawsuits §Structured Negotiation 31

32. Education §University of Illinois Chicago (2021) §CA community colleges (2022) §UC Berkeley (2022) §Berkeley Unified (2022) §DOE digital accessibility team! 32

33. Employment November 2022 statistics §Labor Force Participation Rate for disabled people: 38.8% §Labor Force Participation Rate for non-disabled people: 76.9% Legal activity §Twitter: Remote Work §Blind FBI agent Jahinnslerth Orozco, (private right of action question) §ADP §Hiring portals 33

34. Kiosks §Quest Diagnostics + ACB § Trial first week of November § 3 weeks later closing arguments § Class action injunction §LabCorp + ACB § Class action status 34

35. LFLegal’s Favorite Cases 35

36. Panarra v. HTC Corporation (VR captions) 36

37. Podcast Accessibility §NAD v. Sirius XM 37

38. 66 million dollar website §False Claims Act §Contractor + the web dev (subcontractor on the project, US eDirect) §Going to trial in May/June 2023 38

39. Do disabled people ever lose? §Yes. Does it matter? §Example: Martinez in California 39 X

40. Best Practices for Staying Ahead of the law 40

42. And the law! 42

43. Talking about the Law and Digital Accessibility 43

44. With these ideas §Civil rights §Inclusion / Exclusion §Privacy and security §Diversity, Inclusion, Belonging §Independence §Good for business 44

45. Law gives rights to people §Blind workers cannot check vacation time §Deaf learners cannot access podcasts §Blind campers can’t make a parks reservation §Deaf gamers cannot play in virtual reality §Blind students cannot access course materials 45

46. Know who you are talking to §What do they care about? §How do they see themselves? §What are their values? §What is their worry? §How does accessibility fit in? 46

47. How NOT to talk about the Law and DigitalAccessibility 47

48. Don’t be a shark x 48

49. Don’t act like a shark x 49

50. Don’t Threaten x 50

51. Don’t reduce accessibility to a checklist x 51

52. What about the numbers? §November 2022 §230 digital cases ﬁled §29 against defendants already sued §37 against companies using an overlay §LFLegal overlay resource | UsableNet 52

53. Are all website lawsuits civil rights cases? ? §How many cases? §Transparent settlements? §Claimed class actions §Centering disabled people §Concern about case law 53

54. DO be a dolphin 54

55. Dolphins collaborate + communicate 55

56. Dolphin skills §Trust §Active patience § Small steps + celebration! §Kindness §Listening §Equanimity §Empathy §Hope and Optimism 56

57. Stay in touch! Lainey Feingold @LFLegal LFLegal.com [Advocacy, Book, Speaking, Training, Consulting, mailing list] LF@LFLegal.com 57

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