The document outlines the importance of digital accessibility compliance under the Equality Act 2010, emphasizing that disabled users should not face substantial disadvantage. It highlights the legal implications for organizations failing to meet web accessibility standards, illustrated by a Canadian case that set a precedent. Additionally, it introduces an e-learning course on digital accessibility designed for web professionals to enhance compliance efforts.

1. Regulating digital accessibility & encouraging compliance Clive Holdsworth Head of Digital June 28 2011

2. The legal context The Equality Act 2010 Discrimination – direct & indirect Disabled users should not be put at a ‘substantial disadvantage’ compared to non-disabled users Must employ ‘Reasonable adjustments’ Public Sector Equality Duty

3. EHRC Sources of information Statutory Codes of Practice Legal status - can be used in court & includes some examples Web accessibility falls within Employment & Services Codes Non-Statutory Guidance (NSG) No legal status in court – guidance only but easy to use and has lots of examples Digital Accessibility NSG (Late Summer 2011) Forthcoming eLearning & qualification

4. Codes & Guidance on EHRC site http://www.equalityhumanrights.com/advice-and-guidance/new-equality-act-guidance

5. Principles & application 1 All people, irrespective of race, religion, gender, age, disability, sexuality or transgender status should be provided with equality of opportunity Poor web accessibility means an organisation can be prosecuted for unlawful discrimination EHRC has powers to take action directly against organisations who don’t comply as well as support legal complaints from individuals

6. Principles & application 2 UK law does not reference WCAG or other web guidelines – only a court can decide if a website complies or not Conforming to a particular level of WCAG does not necessarily make a web site compliant Key factor is whether disabled users can access & use the site without unreasonable difficulty – Relevant factors: time, inconvenience and effort

7. Legal example from Canada Canadian government recruits only through its website Donna Jodham, a blind accessibility consultant, sued as she was unable to apply for a job Online recruitment process was judged inaccessible so court ruled against it Canadian Government have appealed but still seen as landmark ruling

8. Digital Accessibility – Web Essentials e-Learning course to provide background and guidance on web accessibility Developed by EHRC with AbilityNet and BCS Four topics – What is it, Why do it, How to do it, How to measure it Targeted at web owners, web designers and web design educators/trainers Entry level but can lead to optional qualification Anounced & demo’d at eAccess ‘11 Available at low cost Autumn 2011

9. Digital Accessibility – Web Essentials

10. Recommended ways to achieve compliance Test with Disabled Users – even a DIY approach can work well (Steve Krug – Rocket Surgery Made Easy) Adopt a user-centred & documented process as advocated in BS8878 Use the One Voice Seven steps http://www.onevoiceict.org/tools/tools/seven-steps Use Automated Test Tools & Expert Reviews Professional Accessibility Audits Take the Digital Accessibility Web Essentials course & get the qualification

11. Questions, comments? Clive Holdsworth Head of Digital [email_address] Enquiries on Digital Accessibility-Web Essentials eLearning [email_address]