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How Accessibility Improves the User Experience
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How Accessibility
Improves the User
Experience
October 2, 2018
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Introducing Our Speakers
How Accessibility Improves the User Experience
Tim Springer - Founder and CEO
Tim Springer has dedicated nearly two decades to ensuring that technology will not only meet
regulatory standards but also support real world use by individuals with disabilities. As a leader in
the digital accessibility industry, he has provided compliance solutions to thousands of organizations
as well as advised large corporations and Federal agencies on technical challenges and best
practices required to successfully achieve accessibility. Tim was named named a White House
“Champion of Change” in 2014.
2 | October 2, 2018
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Topics
How Accessibility Improves the User Experience – Fall Update
• Why do you care?
• What is inclusive design?
• When bad websites happen to
good people
• Get Started
Graphic: PixaBay
3 | October 2, 2018
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The average age of
people using
technology is rising.
And with that,
an increase
in customers
with disabilities.
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A Graying Globe…
People are getting older… every day in fact!
• Global population growth declining
• Life expectancy is growing
Pretty pictures pulled from Mary Meeker’s 2016 Internet Trends Talk.
6 | October 2, 2018
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…that uses technology
How Accessibility Improves the User Experience – Fall Update
• 42% of seniors now own a smartphone…
• …but that’s still half the rate of the 18 to 64 cohort
• Technology penetration is working its way up
in ages
• Drastically higher rates of use in the 65 – 74 range
than the 75+ range
• Educational attainment and socioeconomic
status vary adoption rates strongly, positively
• Device, Internet, Smartphone and Social Media
usage and penetration all correlated
• Disability status has a material impact on
technology use
“42% [of] adults ages 65
and older now report owning
smartphones, up from just
18% in 2013.”
“67% of seniors use the internet
– a 55-percentage-point increase
in just under two decades.”
“45% of seniors under the age of
75 say they … use social
networking sites, compared with
20% of those ages 75 and older.”
Data from Pew Research Center Tech Adoption Climbs Among Older Adults
8 | October 2, 2018
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ADA Lawsuits
Overall Trends
• ADA litigation
continues to accelerate
• Increased 210% YoY
in 2017
• Still a small
percentage of overall
ADA Title III lawsuits
• We expect growth will
slow but still be robust
going forward
0
2000
4000
6000
8000
10000
12000
14000
16000
18000
2013 2014 2015 2016 2017 2018 2019 2020
2722
4436 4789
6601
7663
9930
12868
16674
15 19 57 262 814
2106
3777
5276
ADA TITLE III LAWSUIT BREAKOUT
ADA Title III Lawsuits Web Accessiblity Lawsuits
Source: ADA Title III
9 | October 2, 2018
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The ability to be accessed or readily used by
people with disabilities.
ACCESSIBILITY
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The design of products and services that are
accessible to, and usable by, as many people
as reasonably possible… without the need for
special adaptation or specialized design.
INCLUSIVE DESIGN
BS 7000-6:2005:
Design management systems - Managing inclusive design - Guide
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“I mean accessibility is nice and all
but you know that wasn’t the
thinking behind this product. It
wasn’t designed for disabled
people.”
Accidentally Accessible
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Accessibility can
happen by accident.
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Case Study
• International luxury airline
based in Asia
• Required to provide a fully
accessible digital user
experience to U.S.
passengers (ACAA)
• Also in the middle of a large-
scale responsive redesign
Semantic Markup
• After development, their IT team
validated that the semantically
structured code actually
provided a faster page load time,
especially on mobile
• Conducted extensive usability
testing, all of which confirmed
that interactions built with
simple, well-structured markup
were easier for customers to use
• Reduced overall QA efforts
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The 7 principles of Universal Design
According to the Center for Excellence in Universal Design
• Principle 1: Equitable Use
• Principle 2: Flexibility in Use
• Principle 3: Simple and Intuitive Use
• Principle 4: Perceptible Information
• Principle 5: Tolerance for Error
• Principle 6: Low Physical Effort
• Principle 7: Size and Space for Approach and Use
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Design with people with disabilities.
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Project
Concept
User
Research
Design
Iteration
Develop &
Implement
Validate &
Launch
Any special content
needs?
What support/customer
service needs will this
bring?
Has this been done
before?
What new technology &
challenges are there?
What tools are we using
and are they
accessible?
Include people with
disabilities in more than
interviews and focus
groups; use observation
and walk-throughs.
Include functional needs
in personas, user stories
and other artifacts
Find people both in and
outside your org to get
subject matter expertise
and perspective.
Test layouts and
clickthroughs
Test colours
Test concepts
Test iconography and
visual language assets
(particularly for low
vision user)
Tend to focus on visual
design, but we must
examine process
design.
Test templates
Test functional prototypes
and demos
Don’t test with people using
screen readers too early (it
can be very frustrating and
not productive)
Fix technical accessibility
issues THEN test with
people with disabilities for
ease of use
Engage and respond to
user feedback
Ensure that as part of roll-
out appropriate training is
given to CSRs so they can
act.
On-going plans for
organized learning from
project, and
documentation/resolution
of issues that are raised
Enable participation in the process.
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Thank You/ Contact Us
How Accessibility Improves the User Experience – Fall Update
Contact Us
Tim Springer
Founder and CEO
tim.springer@levelaccess.com
Follow Us
@LevelAccessA11y
Level-Access
Level Access
Level Access Blog
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Department of Ed OCR Complaints
How Accessibility Improves the User Experience – Fall Update
• Dept of Education Office for Civil Rights (OCR)
changed case processing rules to allow more
cases to be dismissed without investigation –
and so they are
• Consistent with current administration DoJ stance
• Challenge in getting data on this – no DoED
OCR reports in current administration
• Last DoEd report in fiscal 2016
• No data published for fiscal 2017 and 2018
• Pending cases database is publicly available
• Massive drop in size of database since March 2018
• For seven sample dimensions went from 2,166
pending cases in March 2018 to 1,420 in September
2018
• Average age from 579 days to 542 days
• “Effective Communication” pending investigations
from 79 to 17
4,183
4,555
4,961 4,980 4,806
5,936
6,366
6,828
3,743
4,014
9 7
88 88
25
593
673
764
449
510
9 7 8 16 28
55 66 79
20 24
0
100
200
300
400
500
600
700
800
900
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
2011 2012 2013 2014 2015 2016 2017
(EST)
2018
(EST)
2019
(EST)
2020
(EST)
Accessibility- and Disability-Related Issues
Disability Complaints Technology (Issues) Web (Complaints)
We expect a significant drop in enforcement
by DoED OCR on digital accessibility issues
38 | October 2, 2018
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How do all these lawsuits work?
How Accessibility Improves the User Experience – Fall Update
Pick a consumer facing
Industry
Pull a list of all the
companies
Run a spider on the
homepage of each
company
Send out a form demand
letter with a summary of
spider findings in it
Wait for a response
File a batch of lawsuits
• Specific plaintiff attorneys, specific industries
• The data suggests firms target lists of companies and file
lawsuits in “waves”
• Lawsuits typically only cite automated testing results
directly generated from tools
• Lawsuits discuss usability of the site by people with
disabilities – a very different thing
• Follow-on discussions limited to automated testing results
• Key Theme: Automated testing results (good or bad)
strongly correlated with risk of digital accessibility
lawsuits
• We strongly recommend
• Clients deploy automated monitoring solutions
• Clients deploy automated testing into CI, CMS and
LMS testing
• Clients review the data and fix the easy bugs
Follow-up (1): Reach out to
Level Access and we can
pull enforcement data on
your specific industry
Follow-up (2): Deploy
Access Analytics to your
public facing sites and work
with us to monitor the data
Follow-up (3): Deploy
Access Continuum into
your build process and
content publication process
39 | October 2, 2018
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The majority of working-
age adults in the United
States are likely to
benefit from the use of
accessible technology.
Research shows that most people benefit from accessible technology
Editor's Notes
Note – I am going to use the term “Inclusive Design” which is slightly different from universal design but the same concept
People and Laws
The number of Americans ages 65 and older is projected to more than double from 46 million today to over 98 million by 2060, and the 65-and-older age group’s share of the total population will rise to nearly 24 percent from 15 percent.
TEXT ALTERNATIVES FOR CHARTS:
Chart #1: Global Population (GP) and Year-to-Year Growth (Y2YG), 1950-2050E
(GP in Billions, Y2YG as Percent)
1950 – GP: 2.5B, Y2YG: N/A
1955 – GP: 2.8B, Y2YG: 7.3%
1960 – GP: 3.0B, Y2YG: 7.5%
1965 – GP: 3.3B, Y2YG: 7.8%
1970 – GP: 3.8B, Y2YG: 8.2%
1975 – GP: 4.0B, Y2YG: 8.0%
1980 – GP: 4.4B, Y2YG: 7.2%
1985 – GP: 4.8B, Y2YG: 7.2%
1990 – GP: 5.4B, Y2YG: 7.3%
1995 – GP: 5.8B, Y2YG: 6.1%
2000 – GP: 6.1B, Y2YG: 5.3%
2005 – GP: 6.4B, Y2YG: 5.0%
2010 – GP: 6.9B, Y2YG: 4.7%
2015 – GP: 7.3B, Y2YG: 4.4%
2020 (Estimated) – GP: 7.8B, Y2YG: 4.2%
2025 (Estimated) – GP: 8.1B, Y2YG: 3.9%
2030 (Estimated) – GP: 8.4B, Y2YG: 3.5%
2035 (Estimated) – GP: 8.8B, Y2YG: 3.2%
2040 (Estimated) – GP: 9.0B, Y2YG: 3.0%
2045 (Estimated) – GP: 9.6B, Y2YG: 2.6%
2050 (Estimated) – GP: 9.8B, Y2YG: 2.2%
Chart #2: Life Expectancy (Years, Both Genders), By Region, 1960-2014
World – 54 years old in 1960 to about 71 years old in 2014
India – 41 years old in 1960 to about 68 years old in 2014
Middle East / North Africa – 47 years old in 1960 to about 73 years old in 2014
USA – 70 years old in 1960 to about 79 years old in 2014
Europe/Central Asia – 68 years old in 1960 to about 76 years old in 2014
Sub-Saharan Africa – 40 years old in 1960 to about 59 years old in 2014
China – 44 years old in 1960 to about 75 years old in 2014
East Asia/Pacific – 48 years old in 1960 to about 75 years old in 2014
Information and quotes from the Pew Research Center study “Tech Adoption Climbs Among Older Adults” . It’s solid – read it.
On the attainment rates
Socioeconomic – 75K+ year in annual income – as likely as the 18-64 demographic to have a smartphone, similar enough rates of usage
Educational attainment - Similar impact as socioeconomic with some variance here and there
Tablet ownership is especially common among seniors with more education and those living in higher-income households. Some 62% of older adults with annual household incomes of $75,000 or more say they own tablet computers, while 56% of college-degree earners say the same. Each represents a more than 20-point increase since 2013 (at that point, 39% of high-income seniors and 31% of college graduates in this age group owned tablets)
Basically once online the users pretty much normalize this into their life: “most seniors make the internet a standard part of their daily routine. Roughly three-quarters of older internet users go online at least daily,”
What’s cool about this report is they also segmented it by people with disabilities and those without. “28% of U.S. adults ages 65 and up say they have health problems, disabilities”
Across the 65 and older population
72% percent of all individuals “go online” this drops to 55% in the cohort of people with disabilities
57% percent of all individuals have home broadband this drops to 36% in the cohort of people with disabilities
46% percent of all individuals have a smartphone this drops to 32% in the cohort of people with disabilities
36% percent of all individuals have a smartphone this drops to 21% in the cohort of people with disabilities
There continues to be massive growth in ADA litigation
We expect just shy of 10K ADA Title III lawsuits this year and likely around 2100 web accessibility specific lawsuits
We expect that will continue to grow materially for the immediate future
That’s based on data published by Seyfarth Shaw at ADATitleIII .com – where three is iii – quick shot out there. Definitely a site you want to track in this space.
Dominant reasons we expect that to keep growing:
The number of plaintiff firms filing cases continues to increase. We went from virtually no firms doing this prior to 2015 to 31 firms in the last three months.
You can think of the number of plaintiff firms as driving the “supply” of lawsuits
There are still a large number of members of the plaintiffs’ bar that focus on ADA lawsuits that are not active in this space of minimally active
We expect the legal situation (read: law and rulings) won’t change materially
People and Laws
Slight paraphrase
Use semantic markup
Header, Tables, Lists
So I spent some time last night searching on the Internet for bad design. I found these two great examples. My quick question is: how do you feel about this page?
And this one? A real, live page!
Header structure
Visual indication of structure, hierarchy
Ensuring that happens in non-visual framework
What are these scroll bars doing on here? How am I supposed to view this on my mobile device?
Responsiveness also support reflow of text which allows readability.
So responsiveness + the ability to view large text.
Principle 1: Equitable UseThe design is useful and marketable to people with diverse abilities.
Principle 2: Flexibility in UseThe design accommodates a wide range of individual preferences and abilities.
Principle 3: Simple and Intuitive UseUse of the design is easy to understand, regardless of the user's experience, knowledge, language skills, or current concentration level.
Principle 4: Perceptible InformationThe design communicates necessary information effectively to the user, regardless of ambient conditions or the user's sensory abilities.
Principle 5: Tolerance for ErrorThe design minimizes hazards and the adverse consequences of accidental or unintended actions.
Principle 6: Low Physical EffortThe design can be used efficiently and comfortably and with a minimum of fatigue.
Principle 7: Size and Space for Approach and UseAppropriate size and space is provided for approach, reach, manipulation, and use regardless of user's body size, posture, or mobility.
We expect a material reduction in OCR cases relating to accessibility with a particular drop in complaints related to web accessibility
Overall cases from 6800 to 3800
Technology related cases from 760 -> 450 at the absolute most, probably more like 200
And more like 20 or so web accessibility complaints
First a little background
Education Advocate Marcie Lipsitt filed more than 2,400 complaints with the Department of Education Office of Civil Rights (OCR) against schools and universities with websites that she says aren’t accessible to individuals with disabilities over the last few years.
In mid-March, OCR changed the rules so that it can ignore Lipsitt’s complaints.
OCR changed the OCR’s Case Processing Manual to allow a complaint may be dismissed without investigation where it “is a continuation of a pattern of complaints previously filed with OCR by an individual or group against multiple recipients or a complaint is filed for the first time against multiple recipients that, viewed as a whole, places an unreasonable burden on OCR’s resources.”
In other words, the new rule allows OCR to dismiss complaints brought by anyone who has filed multiple complaints against multiple organizations.
The new rules also reduced the time allowed for complainants to provide additional information about a complaint from 20 to 14 days and abolished the ability of complainants to file administrative appeals with OCR.
The National Federation of the Blind (NFB), NAACP, and the Council of Parent Attorneys and Advocates (COPAA) have filed suit against the Department of Education (DOE) in federal court in Maryland to challenge the DOE Office for Civil Rights’ March 2018 amendments to its Case Processing Manual on the grounds that they were adopted in violation of the Administrative Procedure Act.
With that noted, that’s what is in place now.
Challenge in getting data on this – no DoED OCR reports in current administration
Last DoEd report in fiscal 2016
No data published for fiscal 2017 and 2018
Pending cases database is publicly available
Massive drop in size of database since March 2018
For seven sample dimensions went from 2,166 pending cases in March 2018 to 1,420 in September 2018
34% drop in that period
“Effective Communication” pending investigations from 79 to 17
Average age from 579 days to 542 days
OCR then proceed to dismiss those complaints and the pending cases database dropped accordingly
Seven categories
Disability - Academic Adjustments
Disability - Accessibility
Disability - Admissions and Recruitment
Disability - Denial of Benefits
Disability - Disability
Harassment Disability - Discipline
Disability - Effective Communication
Average process:
Plaintiff counsel picks a consumer facing Industry
Specific plaintiff attorneys, specific industries
26 industries had lawsuits filed in June
19 industries had lawsuits filed in July
A few industries swapped in and out monthly
Pull a list of all the companies
Run a spider on the homepage of each company
Send out a form demand letter with a summary of spider findings in it
Wait for a response
File a batch of lawsuits
The data suggests firms target lists of companies and file lawsuits in “waves”
What’s the catch?
Lawsuits typically only cite automated testing results directly generated from tools
Follow-on discussions limited to automated testing results
Neither of those steps include substantive discussion of the usability of the site by people with disabilities – which is a very different thing
We’d argue usability – or parity of experience - is what the standards and laws tend to be organized around
So you’re in a weird position where lawsuits – expensive to defend – may get filed based on things that aren’t predictive of the user experience to people with disabilities
Automated testing results (good or bad) strongly correlated with risk of digital accessibility lawsuits
Doesn’t mean your site is inaccessible – just means you may have to defend that
What’s that mean in practice?
We strongly recommend
Clients deploy automated monitoring solutions
Clients deploy automated testing into CI, CMS and LMS testing
Clients review the data and fix the easy bugs
So I have three homework points for you
Follow-up (1): Reach out to Level Access and we can pull enforcement data on your specific industry
This will give you a better understanding of how your industry works
Follow-up (2): Deploy Access Analytics to your public facing sites and work with us to monitor the data
You must be have a structured approach for monitoring your public facing sites at this point in time
You must have a structured approach for resolving those issues
Don’t try to do this on your own, let us help you with software and support
If you’re a currently Level Access customer we can generally deploy Analytics for free
If you aren’t a current customer we can often get you access to it for free for the first 10M page views annually
Follow-up (3): Deploy Access Continuum into your build process and content publication process
Stop pushing easily detectable accessibility bugs into production
Start fixing them early in the process
Start demonstrating systemic control for accessibility