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The Digital Accessibility Landscape: What Your Organization Needs to Know in 2019

In this webinar, we'll dive into the findings from Level Access's State of Digital Accessibility report and 3Play Media's State of Captioning report for 2019. We'll explore findings into how other organizations are tackling digital accessibility, the drivers behind making content accessible, and the future of digital accessibility standards.

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The Digital Accessibility Landscape: What Your Organization Needs to Know in 2019

  1. 1. THE DIGITAL ACCESSIBILITY LANDSCAPE: WHAT YOUR ORGANIZATION NEEDS TO KNOW IN 2019 ✋ Type questions in the Q&A window during the presentation ⏺ This webinar is being recorded & will be available for replay 💬 To view live captions, please click the CC icon 📱 l @3playmedia l #a11y Lily Bond Director of Marketing 3Play Media Tim Springer CEO Level Access
  2. 2. What will we cover? ▸Trends in digital accessibility ▸Digital accessibility standards and laws ▸Procurement drivers for digital accessibility ▸Trends in video accessibility ▸How accessibility laws apply to video ▸State of video captioning ▸Digital accessibility solutions you can begin implementing today
  4. 4. A Graying Globe ▸ The number of people worldwide aged 80 and over will quadruple to 400 million by 2050 ▸ For the first time in history, there will be more people over the age of 65 than under the age of 16 ▸ 20% of the U.S. population will be over 65 by 2030 ▸ “42% of adults ages 65 and older owning smartphones is 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.”
  5. 5. Disability Prevalence By Age
  6. 6. Omni-Channel Commerce ▸ e-Commerce ▹ 10.2% of all retail in Q1 2019 (U.S. Census Bureau) ▹ 9.2% of all retail in Q1 2018 (U.S. Census Bureau) ▹ Estimated by eMarketer to hit 14.6% worldwide by 2020 ▸ Retailers and retail service providers developing strategies that are ▹ Multi-device ▹ Integrate physical and digital experience ▹ Multi-modal ▸ Will plaintiffs’ attorneys do the same? ▹ Initial demand letters target mobile apps starting to be sent out
  7. 7. eCommerce Drives Down Prices ▸ Prices at online stores are falling faster than prices in real world stores ▸ This means access to online shopping and eCommerce becomes an economic advantage ▸ Food for thought ▹ Does the presence of Airbnb in a market drive down hotel room prices? ▹ Does the presence of Uber drive down taxi prices?
  8. 8. The Nature of Work is Shifting ▸ 1 in 3 Americans freelanced this year ▸ Americans spend more than 1B hours per week freelancing ▸ 64% of freelancers found work online ▸ Number of freelancers is growing rapidly ▹ 53.0M – 2014 ▹ 56.7M – 2018 ▸ Those jobs are increasingly available online and intermediated by technology platforms ▸ Leads you back to a question we asked earlier – is accessible technology now an employment issue?
  9. 9. To thrive in the economy we need access to learning opportunities ▸ Massive growth in online training resources ▸ Employees increasingly see training as the path to advancements ▸ Freelancers far more likely to update skills rapidly than non-freelancers
  11. 11. Americans with Disabilities Act (ADA) ▸ At least 2,258 digital accessibility cases filed in 2018 ▸ Different judges, different cases, different rulings ▸ Slim on precedent, principally fact based ▸ Vast majority of cases settle ▸ Appellate decisions starting to trickle out of the Ninth and Eleventh Circuits ▸ Supreme court petition for review in Dominos v. Robles
  12. 12. ADA Lawsuits ▸ ADA digital accessibility litigation continues to accelerate dramatically ▸ Increased 210% YoY in 2017 and 177% YoY in 2018 ▸ Still a small percentage of overall ADA Title III lawsuits ▸ Number of plaintiff firms filing lawsuits continues to expand ▹ Idea: The supply of lawsuits is governed by the number of active plaintiffs counsel in the space Takeaway: We expect growth will slow but still be robust going forward
  13. 13. What firms are responsible? ▸ The top twenty plaintiff firms accounted for 74% of the lawsuits filed in 1H 2019 ▸ Average top twenty firm – removing Cohen & Mizrahi LLP – filed 12 more cases in 1H 2019 than 2H 2018 ▹ 28 lawsuits -> 40 lawsuits / firm ▸ We’ve tracked another fifty-three firms active in filing lawsuits in 1H 2019 ▸ As firms filing fewer suits catch up with the top twenty firms filling rates expect ongoing growth in the number of lawsuits ▹ ~ 6000 lawsuits / year in capacity with the current set of plaintiff firms Takeaway: We still see much room for growth in plaintiff firms filing suits of this type
  14. 14. ADA Digital Accessibility Lawsuits ▸ List of industries with raw count of lawsuits in 2H 2018 versus 1H 2019 ▹ We look at 60 industries ▸ Retail and consumer facing services continue to dominate ▹ Drastic uptick in Hotels driven by three firms ▸ As we start to reach saturation in some industries expect new industries to be opened Takeaway: Outsize risk in industries that are (i) consumer targeted and (ii) relate to a physical place of business
  15. 15. Other Takeaways ▸ Multiple lawsuits or demand letters against a single organization are common ▹ Winner in our database had five lawsuits filed in the last 12 months ▹ We estimate a roughly 30% chance once you’ve been sued you’ll be sued again in a year ▹ Bigger the brand the bigger the risk ▸ Lawsuits tend to target brands and specific properties ▹ Multi-brand entities are often targeted many times in a year ▹ Multi-property entities are often targeted many times in a year ▸ Expertise matters – you need to have an actual, qualified expert engaged if you expect to end up in court ▸ ADA Title I litigation may occur against technology providers – more news to come
  16. 16. Department of Ed OCR Complaints ▸ 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, 2018 or 2019 ▸ Since October 1, 2013 901 resolution agreements or letters referenced WCAG ▹ No change in this number since January 2019 Note: There’s a lot of bad data out there confusing OCR investigations and ADA lawsuits so proceed with caution
  18. 18. The Survey ▸ Recently released The State of Digital Accessibility 2019 report ▹ Developed in partnership with G3ict ▸ Surveyed 550 digital accessibility professionals ▸ Wide range of industries, roles and organization sizes
  19. 19. The Industry Wants Standards Over 85% want the ADA updated to include specific regulations for digital accessibility 54.6% said they are accelerating their accessibility plans due to the current litigation trends
  20. 20. Where Accessibility Lives Accessibility is Everyone's Job– but someone has to own it.
  21. 21. Accessibility as a Value & Inclusive Maturity ▸ Over 65% said it was “very important” for them to be compliant with accessibility standards in their industry ▹ Competitive impact of inclusive products in marketplace ▹ Acknowledgement of accessiblity as core value ▸ 72% of companies with 5,000 employees have a dedicated professional overseeing accessibility ▸ 31% ask employees to be IAAP certified and 47% would consider it
  22. 22. WCAG 2.1 ▸ WCAG 2.1 adoption is proceeding at a measured pace ▹ Disability rights advocates starting demand it in complaints and settlements ▹ Not currently slated to be a rolled into Section 508 ▹ Highly likely to be included in EU standards ▸ WCAG 2.1 criteria impact design of products ▸ Clearly expands testing to automatic variations of pages 64% are already adopting WCAG 2.1 guidelines or plan to in the near future
  23. 23. Challenges for Accessibility Programs 1. Incorporating accessibility earlier in the development lifecycle a. #1 challenge for product, UX, and engineering folks 2. Budget for accessibility program a. High on list for each role 3. Training a. Majority of developers ranked their team as beginners and some groups such as marketing had almost no a11y training 4. Too many content creators – can’t monitor everything a. Biggest challenge for higher education 5. Development time a. Competing needs for time
  24. 24. Testing Includes People with Disabilities ▸ Nearly half of product development teams do not conduct usability testing by people with disabilities ▸ Larger organizations more likely to perform testing with users that have disabilities
  26. 26. The Video Picture MORE VIDEOIs uploaded to the web in 1 month than TV has created in 3 decades. 82%Of the world’s Internet traffic will be video by 2022. 1 MILLIONMinutes of video crossing the internet by second by 2020.
  27. 27. Why Video a11y Is Important 71%Of people with disabilities leave a website immediately if it is not accessible. 48 MILLIONAmericans are d/Deaf or hard of hearing. That’s 20%! 24 MILLIONAmericans are Blind or low-vision. That’s 10%!
  28. 28. 12%Captions increase view time on Facebook videos by 12% 41%Of videos are incomprehensible w/o sound or captions 80%Of Facebook viewers react negatively to videos autoplaying without sound or captions
  29. 29. 98.6%Of students find captions helpful for learning 75%Use captions as a learning aid FOCUSIs the #1 reason students use captions for learning RESEARCH:
  30. 30. New Research by USFSP - preliminary results 3%Increase in grades for students who used closed captions 8%Increase in grades for students who used interactive transcripts 15-16%Increase in grades for students who used interactive transcripts in 2 courses with the highest participation
  31. 31. WHY IS AUDIO DESCRIPTION IMPORTANT? Accessibility > Estimated 23.7 million Americans (10%) have trouble seeing. Autism > Helps to better understand emotional and social cues Flexibility > View videos in eyes-free environments Language Development > Listening is a key step in learning language. Auditory Learners > 20-30% of students retain information best through sound. Inattentional Blindness > Phenomena where you fail to recognize visuals “in plain sight.”
  33. 33. 3 A11y Laws that Impact Video ADATitle II (Public Entities) & Title III (Places of Public Accommodation) Section 504 & 508Federal & federally funded programs. CVAAOnline video that previously appeared on television
  34. 34. WCAG for Video Level AClosed Captions; transcript for audio only; text description Level AAAudio description; live captioning Level AAAExtended audio description; sign language track; live transcription for audio only
  35. 35. Lawsuits STREAMING MEDIA NAD vs. Netflix; ACB vs. Netflix; NAD vs. Hulu; ACB vs. Hulu; NAD vs. Amazon; etc. HIGHER ED NAD vs. Harvard & MIT; UC Berkeley; Miami University of Ohio; Penn State; etc. ENTERPRISE Winn-Dixie; FedEx; Target; Hobby Lobby; Blick Art Materials; etc.
  37. 37. The Survey ▸ Recently released The 2019 State of Captioning ▸ Survey of 1009 video accessibility professionals ▸ Wide range of industries, roles and organization sizes
  38. 38. Captioning Trends INCREASINGMost participants saw their captioning needs staying the same or increasing over the next year 58%Caption most or all of their content 38%Have a centralized process for captioning at their organization
  39. 39. 78%Of respondents caption social media video to make it accessible 70%Are captioning YouTube videos 26%Are captioning Facebook videos Social Media Captioning
  40. 40. Legal Understanding 39%But only 39% have a clear policy for captioning compliance 66%Are “very” or “fairly” confident they understand what it means to be compliant with captioning laws 50%Either believe or are unsure about whether automatic captions fulfill legal requirements
  41. 41. 36%Said they don’t use automatic captions at all (up from less than 1% in 2018!) 37%Start with auto captions & edit them 58%Use auto captions for educational or training video Automatic Captions
  42. 42. 36%Said budet was the biggest barrier to captioning 35%Said resource time was the biggest barrier to captioning 29%Said their captioning budget is $0 Biggest Barriers
  43. 43. 28%Said legal compliance was their biggest motivator for captioning 22%Caption for user engagement 22%Caption to enhance learning Biggest Drivers
  44. 44. Takeaways ▸ Decreased overall usage of/reliance on automatic captions ▸ Greater confidence in legal requirements ▹ Many noted increased visibility of a11y lawsuits ▸ While respondents were more aware of their legal responsibility to caption, they caption for a number of other reasons & benefits ▸ Increase in amount of video without an increase in the size of budgets
  46. 46. What can you do now? ▸ Start small, and suggest a pilot program ▸ If you have no budget, use free tools like YouTube’s caption editor and testing tools like Axe ▸ Train existing team members on accessibility and remediation ▸ Build accessibility into the plan for any new initiatives ▸ Get buy-in from higher ups so you can build a budget for the future ▸ Build awareness around how accessibility improves the experience for all users!
  47. 47. Questions? Comments? ✋ Type questions in the Q&A window ⏺ This webinar will be available for replay Lily Bond 3Play Media @3playmedia Tim Springer Level Access @LevelAccessA11y