Website Accessibility refers to the idea that people of all abilities and disabilities be able to access online content. These disabilities can impair vision, hearing, and movement.Since the early days of the web, accessibility focus in the US has been on government run, and government funded websites. This may soon change.During a 2010 speech, Thomas E. Perez, assistant attorney general for the DOJ’s civil rights division said “It is and has been the position of the Department of Justice since the late 1990s that Title III of the ADA applies to Web sites. We intend to issue regulations under our Title III authority in this regard to help companies comply with their obligations to provide equal access.”That time seems to has finally come with news reports of updated regulations by the DOJ this month (March 2015) spelling out exactly what an ADA-compliant site is and to clarify which websites would have to meet those standards. Companies including Target, Netflix and H&R Block are reported to have reached six to seven figure settlement agreements in the last few years. Learn about the mistakes they made, and how you can avoid them. Even if the new regulations don’t apply to your business, learn what is involved in making your website accessible to better serve your customers.

1. Website Accessibility
Its not just a good idea,
its the law
Thursday, May 14th
David Minton @DH_David
Stephen Pashby @DH_Stephen
@DesignHammer
1

2. Overview
• Introduction
• What is accessibility
• Federal regulations
• Disabilities
• Automates accessibility testing
• Court cases
2

3. Introduction
3

4. Disclaimer
Let’s get this out of the way first!
4

5. Disclaimer
We are not lawyers
• Don’t take any of this as legal advice
We won’t tell you how to fix your website
• But we will point you in the right direction
5

6. Scope
What we’ll cover and what we won’t.
6

7. What we will cover
• What is accessibility?
• Why should I bother?
• How can I test my site?
• How do I keep my site accessible?
7

8. What we won’t cover
• Legal responsibilities regarding accessibility
• How to make a website accessible
8

9. The what, where, and
when: web accessibility
9

10. What is accessibility?
It’s more than just screen readers.
10

11. What is accessibility?
“Web accessibility means that people with
disabilities can use the Web. More specifically,
Web accessibility means that people with
disabilities can perceive, understand, navigate,
and interact with the Web, and that they can
contribute to the Web.”
Web Accessibility Initiative (WAI)
World Wide Web Consortium (W3C)
11

12. Why accessibility?
Would you, could you, should you?
12

13. Why accessibility?
“The web is not a barrier to people with
disabilities, it is the solution.The web has the
potential to revolutionize the day-to-day lives
of millions of people with disabilities by
increasing their ability to independently access
information…and other aspects of life that
most people take for granted.”
Center for Persons with Disabilities
13

14. Why accessibility?
• It is the right thing to do
• Attracts new/retains existing customers
• Generally leads to improved usability for all
• It’s the law (does it apply to you?)
14

15. Accessibility Principles
(POUR)
Accessibility is more than checking off boxes.
15

16. Accessibility Principles
• Perceivable
• Operable
• Understandable
• Robust
16

17. Perceivable
• Users need to be aware of web content
17

18. Operable
• Users need to be able to navigate, find, and
interact with web content
18

19. Understandable
• Users need to be able to comprehend all
navigation, interaction, and content
19

20. Robust
• Enable users to choose technologies to
meet their accessibility needs
20

21. Types of disabilities
We’re not all created equal.
21

22. Types of disabilities
• Visual
• Auditory
• Motor
• Cognitive
• Seizure
22

23. Visual disabilities
• Blindness
• Low vision
• Color-blindness
23

24. Auditory disabilities
• Deafness
• Hard of hearing
24

25. Motor impairments
• Inability to use a mouse
• Poor fine motor control
• Slow reaction time
25

26. Cognitive disabilities
• Learning disability
• ADD
26

27. Seizure Disorders
• Photoepileptic seizures
27

28. Significant federal
regulations:
Section 508 & Title III
28

29. What is Section 508?
• Amendment to Rehabilitation Act of 1973
• Approved 1998
• Compliance by 2001
• Notice of proposed rule-making announced
February 2015
29

30. Current status of 508
• Proposed Information and Communication
Technology (ICT) Standards and Guidelines
• Would incorporate Web Content
Accessibility Guidelines (WCAG) 2.0
• Currently under review
• When and how will it be authorized ???
30

31. Section 508 Resources
• Section 508 Standards Guide
(http://www.section508.gov/section-508-standards-guide)
• About the ICT Refresh
(http://www.access-board.gov/guidelines-and-standards/
communications-and-it/about-the-ict-refresh)
• Web Content Accessibility Guidelines
(WCAG) 2.0
(http://www.w3.org/TR/WCAG20/)
31

32. Section 508
Standards Guide
What exactly do I need to do?
32

33. Section 508 Standards
• Only 16 paragraphs specific to websites
• Has not been updated in years
• Some refer to obsolete techniques
• Some very specific, some vague
• Many open to interpretation
33

34. Section 508 § 1194.22 (a)
“A text equivalent for every non-text
element shall be provided (e.g., via "alt",
"longdesc", or in element content).”
Web-based intranet & internet information & applications.
Section 508 Standards Guide
34

35. Section 508 § 1194.22 (a)
• Pass: All images have a relevant and
helpful text alternative for users who can’t
see them.
• Fail: Images either don’t have alternative
text, or the text is not a useful alternative
for users who can’t see them.
35

36. Section 508 § 1194.22 (a)
36
alt="group of people working at conference table"

37. Section 508 § 1194.22 (b)
“Equivalent alternatives for any multimedia
presentation shall be synchronized with the
presentation.”
Web-based intranet & internet information & applications.
Section 508 Standards Guide
37

38. Section 508 § 1194.22 (b)
• Pass: Video has synchronized captions,
audio has written transcripts.
• Fail:Video lack synchronized (or any)
captions, audio lacks written transcripts.
38

39. Section 508 § 1194.22 (b)
• SEO Tip: Transcripts provide additional
content for search engines to index.
• Usability Tip: Transcripts allow able
users to find audio and video content by
site search, and relevant sections by on
page search.
39

40. Section 508 § 1194.22 (c)
“Web pages shall be designed so that all
information conveyed with color is also
available without color, for example from
context or markup.”
Web-based intranet & internet information & applications.
Section 508 Standards Guide
40

41. Section 508 § 1194.22 (c)
• Pass: Any meaning conveyed through
color can also be understood through
alternate methods.
• Fail: User must rely on color to
determine meaning.
41

42. Section 508 § 1194.22 (c)
• SEO Tip: Search engines can’t infer
meaning by color either.
42

43. Section 508 § 1194.22 (d)
“Documents shall be organized so they are
readable without requiring an associated style
sheet.”
Web-based intranet & internet information & applications.
Section 508 Standards Guide
43

44. Section 508 § 1194.22 (d)
• Pass: All content must be available and
understandable, even if less attractive.
• Fail: Content is missing, or reordered to
the point that it loses meaning.
44

45. Section 508 § 1194.22 (e)
“Redundant text links shall be provided for
each active region of a server-side image
map.”
Web-based intranet & internet information & applications.
Section 508 Standards Guide
45

46. Section 508 § 1194.22 (f)
“Client-side image maps shall be provided
instead of server-side image maps except
where the regions cannot be defined with an
available geometric shape.”
Web-based intranet & internet information & applications.
Section 508 Standards Guide
46

47. Section 508 § 1194.22 (e+f)
• Pass: Uses client side image maps with
redundant text links.
• Fail: Doesn’t use client side image maps
with redundant text links.
47

48. Section 508 § 1194.22 (g)
“Row and column headers shall be identified
for data tables.”
Web-based intranet & internet information & applications.
Section 508 Standards Guide
48

49. Section 508 § 1194.22 (g)
• Pass: Data tables use appropriate <th>
elements, layout tables do not.
• Fail: Data tables do not use appropriate
<th> elements, and/or layout tables use
inappropriate <th> elements.
49

50. Section 508 § 1194.22 (h)
“Markup shall be used to associate data cells
and header cells for data tables that have two
or more logical levels of row or column
headers.”
Web-based intranet & internet information & applications.
Section 508 Standards Guide
50

51. Section 508 § 1194.22 (h)
• Pass: Data table cells are associated with
the appropriate header.
• Fail: Data table cells are not associated
with the appropriate header.
51

52. Section 508 § 1194.22 (i)
“Frames shall be titled with text that
facilitates frame identification and navigation.”
Web-based intranet & internet information & applications.
Section 508 Standards Guide
52

53. Section 508 § 1194.22 (i)
• Pass: All frames have meaningful titles.
• Fail: Frames are either missing titles, or
titles are inadequate.
53

54. Section 508 § 1194.22 (j)
“Pages shall be designed to avoid causing the
screen to flicker with a frequency greater
than 2 Hz and lower than 55 Hz.”
Web-based intranet & internet information & applications.
Section 508 Standards Guide
54

55. Section 508 § 1194.22 (j)
• Pass: No element flickers with a
frequency between 2 Hz and 55 Hz.
• Fail: Elements flickers with a frequency
between 2 Hz and 55 Hz.
55

56. Section 508 § 1194.22 (k)
“A text-only page,with equivalent information or
functionality,shall be provided to make a web site
comply with the provisions of this part,when
compliance cannot be accomplished in any other
way.The content of the text-only page shall be
updated whenever the primary page changes.”
Web-based intranet & internet information & applications.
Section 508 Standards Guide
56

57. Section 508 § 1194.22 (k)
• Pass: Text only content is equivalent and
provides advantage over primary version.
• Fail: Text only content is not equivalent, or
up-to-date.
57

58. Section 508 § 1194.22 (l)
“When pages utilize scripting languages to
display content, or to create interface
elements, the information provided by the
script shall be identified with functional text
that can be read by assistive technology.”
Web-based intranet & internet information & applications.
Section 508 Standards Guide
58

59. Section 508 § 1194.22 (l)
• Pass: All content and suitable functionality
of script available to users of assistive
technology, and keyboard only users.
• Fail: Content and functionality not
available to users of assistive technology, or
requires mouse input.
59

60. Section 508 § 1194.22 (m)
“When a web page requires that an applet,
plug-in or other application be present on the
client system to interpret page content, the
page must provide a link to a plug-in or applet
that complies with §1194.21(a) through (l).”
Web-based intranet & internet information & applications.
Section 508 Standards Guide
60

61. Section 508 § 1194.22 (m)
• Pass: Link to download app or plug-in;
which when installed passes all previous
requirements.
• Fail: Download link missing, or if installed
does not allow for accessible content.
61

62. Section 508 § 1194.22 (n)
“When electronic forms are designed to be
completed on-line, the form shall allow people
using assistive technology to access the
information, field elements, and functionality
required for completion and submission of the
form, including all directions and cues.”
Web-based intranet & internet information & applications.
Section 508 Standards Guide
62

63. Section 508 § 1194.22 (n)
• Pass: Form fields have label attributes;
form does not interfere with assistive
technology or require mouse input.
• Fail: Form fields not labeled; form can’t be
navigated with keyboard or assistive
technology such as screen reader.
63

64. Section 508 § 1194.22 (o)
“A method shall be provided that permits
users to skip repetitive navigation links.”
Web-based intranet & internet information & applications.
Section 508 Standards Guide
64

65. Section 508 § 1194.22 (o)
• Pass: User is able to skip repetitive lists of
links, such as navigation.
• Fail: User can’t skip repetitive lists of
links, such as navigation.
65

66. Section 508 § 1194.22 (p)
“When a timed response is required, the user
shall be alerted and given sufficient time to
indicate more time is required.”
Web-based intranet & internet information & applications.
Section 508 Standards Guide
66

67. Section 508 § 1194.22 (p)
• Pass: User can control how much time
they need to complete a task.
• Fail: User must complete a task within a
set time limit.
67

68. What is Title III?
• Americans with Disabilities Act of 1990
• “No individual shall be discriminated against
on the basis of disability in the full and equal
enjoyment of the goods, services, facilities,
privileges, advantages, or accommodations of
any place of public accommodation by any
person who owns, leases (or leases to), or
operates a place of public accommodation.”
68

69. Automated accessibility
compliance testing
69

70. Automated testing
“Accessibility testers are like spelling and
grammar checkers, for your website. If you are
a competent writer they can help you find
errors and make improvements. If you run one
on foreign language text, you’ll clear all of the
errors, but will likely wind up with gibberish.”
David Minton
DesignHammer
70

71. Testing expectations
• Pass
• Conditional Pass (manual check)
• Fail
• False positives and negatives
71

72. Adequate image alt text?
• No images: Pass
• Alt text:Conditional Pass (manual check)
• Image without alt test: Fail
• Decorative image without alt text: False
Fail
• Decorative image with unnecessary alt
text: False Pass
72

73. Types of software
• SaaS hosted
• Browser plug-in
• Desktop application
73

74. Samples
• SaaS hosted: Cynthia Says
http://www.cynthiasays.com
• Browser plug-in:WAVE for Firefox/Chrome
(http://wave.webaim.org)
• Desktop application:TotalValidator
(https://www.totalvalidator.com)
74

75. Cynthia Says
75

76. Cynthia Says
Pros
• Provides feedback by requirement (e.g.
Section 508 statute)
• Can test Section 508,WACG 2.0 A,
WACG 2.0 AA, and WACG 2.0 AAA
compliance
76

77. Cynthia Says
Cons
• Tests one page a time
• Cannot test password protected
environments
77

78. WAVE plugin
78

79. WAVE plugin
Pros
• Free
• Displays webpage with embedded icons
• Can test password protected websites
79

80. WAVE plugin
Cons
• Tests one page a time
• Tests based on both Section 508 and
WACG, can’t test 508 or WACG
80

81. TotalValidator
81

82. TotalValidator
Pros
• Free basic version
• Provides line-by-line analysis of code
• Can test Section 508,WACG 2.0 A,
WACG 2.0 AA, and WACG 2.0 AAA
compliance
• Can crawl multiple pages on a site
82

83. TotalValidator
Cons
• Basic only tests one page a time
• Assumes user understands code
83

84. Which one for me?
• Do I need to test password protected site?
• Do I need to test more than one page?
• Do I need to test code, or only content?
• Do I need to maintain compliance or build
a new site/fix an existing site?
84

85. Legislation,
legal settlements,
and court decisions
85

86. Enforcement options
• Legislative action
• Justice Department settlement agreements
• Court cases
86

87. Federal legislation
• Federal agency websites covered by
amendment to Rehabilitation Act 1973
• Most airline websites covered by
amendment to Air Carrier Access Act 1986
87

88. Federal Agencies
• U. S. General Services Administration
• Rehabilitation Act of 1973
• Approved 1998
• Compliance by 2001
• Section 508 § 1194
88

89. Airline Industry
• Department of Transportation
• Amendment to Air Carrier Access Act 1986
• Approved November 2013
• Compliance by December 2015
• WCAG 2.0 Levels A and AA
89

90. DOJ agreements
• Ahold USA Inc and Peapod LLC
• National Museum of Crime & Punishment
90

91. Ahold USA, Inc.
• website: http://www.peapod.com
• Online grocery services
• For-profit, online only
• November 2014
• WCAG version 2.0 Level AA
• Penalties: $0
91

92. National Museum of
Crime and Punishment
• website: http://www.crimemuseum.org
• For-profit museum, physical place
• January 2015
• WCAG version 2.0 Level AA
• Penalties: $0
92

93. Court cases
• National Federation of the Blind and Heidi
Veins v. Scribd
• Melissa J Earll v. eBay
• Donald Cullen v. Netflix
• National Association of the Deaf v. Netflix
93

94. National Fed. of the
Blind v. Scribd
• For-profit, online only
• March 2015: US District Court for the
District ofVermont denies motion to dismiss
• Title III of Americans with Disabilities Act
• Penalties: In progress
94

95. Earll v. eBay
• For-profit, online only
• April 2015: US Ninth Circuit “Because
eBay’s services are not connected to any
‘actual, physical place,’ eBay is not subject to
the ADA.”
• Title III of Americans with Disabilities Act
• Penalties: $0 (dismissal upheld)
95

96. Cullen v. Netflix
• For-profit, online only
• April 2015: US Ninth Circuit “Because
Netflix’s services are not connected to any
‘actual, physical place,’ Netflix is not subject
to the ADA.”
• Title III of Americans with Disabilities Act
• Penalties: $0 (dismissal upheld)
96

97. National Assoc. of the
Deaf v. Netflix
• For-profit, online only
• Oct.2012:US District Court for Massachusetts
rules that the ADA applies to web-only
businesses
• Title III of Americans with Disabilities Act
• Penalties: ~$800,000
97

98. Courts split on rulings
• Are web-only businesses places of “public
accommodation” under Title III of
Americans with Disabilities Act?
• Is the website a “public accommodation”
only as an extension of businesses with
actual, physical places?
• Does Title III even apply to websites at all?
98

99. Conclusion and
resources
99

100. Conclusion
• No silver bullet to make sites accessible
• Accessibility is a never-ending process
• The legal landscape is in flux; look for new
rulings and regulations in 2015!
100

101. Resources
• https://designhammer.com/blog/website-
accessibility-its-not-just-good-idea-its-law
or
• http://bit.ly/dhaccess
101

102. Special thanks
102

103. David Minton
Stephen Pashby
Follow us!
@DesignHammer
facebook.com/DesignHammer
www.designhammer.com
103