Are You ADA Compliant? Ensuring Your Website is Accessible to People with Disabilities

1. Are You ADA Compliant?
Ensuring Your Website is
Accessible to
People with Disabilities
September 28th – 9 to 11 am

2. Accessibility is a Right

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

4. Understanding Accessibility in
Our World Today

5. 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.).

6. 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.

7. 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

8. Accessibility standards, laws,
and regulations

9. 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

10. 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

11. 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

12. 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

13. Some Statistics

14. 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

15. 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

16. How accessibility issues relate to
the Information and
Communication Technology (ICT)
and impacts people with
disabilities

17. Types of Disabilities
• Common Disability Types
• Visual
• Blindness
• Low Vision
• Auditory/Hearing
• Deaf
• Hard of Hearing
• Speech
• Cognitive
• Age Related
• Mobility

18. Assistive Technologies
Definition:
Assistive technologies are devices, software, or techniques used
to assist individuals with disabilities in the use (or access) of
information

19. 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

20. Web Accessibility Essential Components

21. Overview of (CLB) Accessibility
Assurance services

22. 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

23. Questions & Answers
Feel free to ask any questions

24. Contact Information
Vencer Cotton, Sr. Director of Technology and Training
Direct: 240-737-5137
Email: vcotton@clb.org