Website Accessibility: It’s the Right Thing to do

Website Accessibility
It’s the Right Thing to do
Thursday, November 17th 
php[world] 2016
 
Stephen Pashby @DH_Stephen
David Minton @DH_David
@DesignHammer

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

Stephen
Pashby
Account Manager
@DH_Stephen
Over ﬁve years 
industry experience

Stephen Pashby
Account Manager
5
David
Minton
Managing Partner
@DH_David
Over twenty years 
industry experience

Disclaimer
Let’s get this out of the way ﬁrst!
6

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
7

Scope
What we’ll cover and what we won’t.
8

What we will cover
• What is accessibility?
• Why should I bother?
• How can I test my site?
9

What we won’t cover
• Legal responsibilities regarding accessibility
• How to make a website accessible
10

The what, where, and
when: web accessibility
11

What is accessibility?
It’s more than just screen readers.
12

International Symbol ofAccess
13

International Symbol ofAccess
14

More than one need for access
15

Many assistive technologies
16

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) 
WorldWideWeb Consortium (W3C)
17

Why accessibility?
Would you, could you, should you?
18

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
19

Why accessibility?
• Help others: it is the right thing to do
• Help ourselves: we are all getting older
• Attracts new/retains existing customers
• Generally leads to improved usability for all
• It’s the law (does it apply to you?)
20

Disabilities in detail
Vision
• ~8.1 million people have difficulty seeing
• Including ~2.0 million who are blind
Hearing
• ~7.6 million experience difficulty hearing
• including ~1.1 million with severe difficulty
21

Accessibility Principles
(POUR)
Accessibility is more than checking off boxes.
22

Accessibility Principles
• Perceivable
• Operable
• Understandable
• Robust
23

Perceivable
• Users need to be aware of web content
24

Operable
• Users need to be able to navigate, ﬁnd, and
interact with web content
25

Understandable
• Users need to be able to comprehend all
navigation, interaction, and content
26

Robust
• Enable users to choose technologies to meet
their accessibility needs
27

Types of disabilities
We’re not all created equal.
28

Types of disabilities
• Visual
• Auditory
• Motor
• Cognitive
• Seizure
29

Visual disabilities
• Blindness
• Low vision
• Color-blindness
30

Auditory disabilities
• Deafness
• Hard of hearing
31

Motor impairments
• Inability to use a mouse
• Poor ﬁne motor control
• Slow reaction time
32

Cognitive disabilities
• Learning disability
• ADD
33

Seizure Disorders
• Photoepileptic seizures
34

Regulations &
Guidelines:
Section 508,Title II,
Title III, and WCAG 2.0
35

What is Section 508?
• Amendment to Rehabilitation Act of 1973
• Approved 1998
• Compliance by 2001
• Notice of proposed rule-making announced
February 2015
• New rule currently expected no earlier than
April 2016
36

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 ???
37

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
38

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)
39

What is Title II?
• Americans with Disabilities Act of 1990
• “No qualified individual with a disability shall,
on the basis of disability, be excluded from
participation in or be denied the benefits of
the services, programs, or activities of a public
entity (e.g. any department, agency, or other
instrumentality of a State or States or local
government).”
40

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.”
41

What is WCAG 2.0?
• Web Content Accessibility Guidelines
• Developed by Web Accessibility Initiative
• Part of World Wide Web Consortium
• Published in 2008
• Basis for many nation’s accessibility laws
42

WCAG 2.0
• Web Accessibility Initiative (WAI) 
(http://www.w3.org/WAI/)
• Web Content Accessibility Guidelines 2.0 
(http://www.w3.org/TR/WCAG20/)
• How to Meet WCAG 2.0 
(http://www.w3.org/WAI/WCAG20/quickref/)
43

Current status WCAG
• Currently a guideline
• Success based
• Does not require speciﬁc techniques
• Provides numerous scenarios with
acceptable solutions
44

Web Content
Accessibility Guidelines
What exactly do I need to do?
45

1. Perceivable
• Provide text alternatives for non-text content.
• Provide captions & other alts.for multimedia.
• Create content that can be presented in
different ways, including by assistive
technologies, without losing meaning.
• Make it easier for users to see and hear
content.
46

2. Operable
• Make all functionality available from keyboard.
• Give users enough time to read & use content.
• Do not use content that causes seizures.
• Help users navigate and ﬁnd content.
47

3. Understandable
• Make text readable and understandable.
• Make content appear and operate in
predictable ways.
• Help users avoid and correct mistakes.
48

4. Robust
• Maximize compatibility with current and
future user tools.
49

Automated accessibility
compliance testing
50

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
51

Testing expectations
What the testers will tell you, and what they won’t.
52

Testing expectations
• Pass
• Conditional Pass (manual check)
• Fail
• False positives and negatives
53

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
54

WCAG 2.0 1.1.1
“All non-text content that is presented to the
user has a text alternative that serves the
equivalent purpose, except for the situations
listed below. (Level A)”
How to Meet WCAG 2.0 
Web Content Accessibility Guidelines Working Group
55

WCAG 2.0 1.1.1
A. If a short description can serve the same
purpose and present the same information
as the non-text content.
B. If a short description can not serve the same
purpose and present the same information
as the non-text content (e.g., a chart or
diagram):
56

WCAG 2.0 1.1.1
C.If non-text content is a control or accepts
user input:
D. If non-text content is time-based media
(including live video-only and live audio-only);
a test or exercise that would be invalid if
presented in text; or primarily intended to
create a speciﬁc sensory experience:
57

WCAG 2.0 1.1.1
E. If non-text content is a CAPTCHA:
F. If the non-text content should be ignored by
assistive technology:
58

Adequate image alt text?
• <img src="img/stop.png">
• Tester: Fail
• Compliance: Fail F65
61

• <img src="img/stop.png" alt="">
• Tester: Fail
63

• <img src="img/stop.png" alt="Stop">
• Tester: Conditional Pass
• Compliance: Pass
65

• <img src="img/stop.png" alt="placeholder">
67

• <img src="img/stop.png" alt="Go">
69

71
• <img src="img/curl.png" alt="curl">

73
• <img src="img/curl.png">
• Tester: Fail

75
• <img src="img/curl.png" alt="">
• Tester: Conditional Pass/Fail?
• Compliance: Pass

Types of testing software
• SaaS hosted
• Browser plug-in
• Desktop application
77

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)
78

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
80

Cynthia Says
Cons
• Tests one page a time
• Cannot test password protected
environments
81

WAVE plugin
Pros
• Free
• Displays webpage with embedded icons
• Can test password protected websites
83

WAVE plugin
Cons
• Tests one page a time
• Tests based on both Section 508 and
WACG, can’t test for full 508 or WACG
compliance
84

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
86

TotalValidator
Cons
• Basic only tests one page a time
• Assumes user understands code
87

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?
88

Where should I start?
Try the free WAVE extension for Chrome.
89

WAVE extension
• Summary and list of errors
• Error popup and code viewer
• Documentation of individual errors
• Outline view
• No style sheet view
• Contrast check, and desaturated view
90

Legislation,
legal settlements,
and court decisions
102

Enforcement options
• Legislative action
• Justice Department settlement agreements
• Court cases
103

Federal legislation
• Federal agency websites covered by
amendment to Rehabilitation Act 1973
• Most airline websites covered by 
amendment to Air Carrier Access Act 1986
104

Federal Agencies
U. S. General Services Administration
• Rehabilitation Act of 1973
• Approved 1998
• Compliance by 2001
• Section 508 § 1194
105

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
106

DOJ agreements
• Ahold USA Inc and Peapod LLC
• National Museum of Crime & Punishment
107

Ahold USA, Inc.
• website: http://www.peapod.com
• Online grocery services
• For-proﬁt, online only
• November 2014
• Penalties: $0 
Must conform to WCAG 2.0 Level AA
108

National Museum of Crime
and Punishment
• website: http://www.crimemuseum.org
• Museum
• For-proﬁt, physical place & online
• January 2015
• Penalties: $0 
Must conform to WCAG 2.0 Level AA
109

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
• US v. Miami University
110

National Fed. of the Blind v.
Scribd
• Title III of Americans with Disabilities Act
• October 2015: US District Court for the
District ofVermont denies motion to dismiss
• October 2016: Parties settle
• Penalties: $0  
(must conform to WCAG 2.0 Level AA
111

Earll v. eBay
• April 2015: US Ninth Circuit “Because eBay’s
services are not connected to any ‘actual,
physical place,’ eBay is not subject to the
ADA.”
• Penalties: $0 (dismissal upheld)
112

Cullen v. Netflix
• April 2015: US Ninth Circuit “Because
Netflix’s services are not connected to any
‘actual, physical place,’ Netflix is not subject
to the ADA.”
• Penalties: $0 (dismissal upheld)
113

National Assoc. of the Deaf
v. Netﬂix
• Oct.2012:US District Court for Massachusetts
rules that the ADA applies to web-only
businesses
• Penalties: ~$800,000
114

Dudley v. Miami University
• Public University, physical and online
• Title II of Americans with Disabilities Act
• January 2016: US District Court for the
Southern District of Ohio, parties settle
• Penalties: In progress
115

Dudley v. Miami University
“Education is said to be the great equalizer of
American society, and educational technologies
hold great promise to make this a reality.
However, students with disabilities continue to
encounter an impenetrable glass ceiling of
opportunity when schools fail to comply with
the ADA.”
Vanita Gupta 
Principal Deputy Asst.Attorney General  
Civil Rights Division, Department of Justice
116

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?
117

Schedule for regulations
• Expect Title II regulations in 2017
• Expect Title III regulations in 2018
118

But wait!
Is there a giant elephant in the room?
119

What does the future hold?
• Continue as planned? Probably?
• Limit further regulations? Possibly?
• Dismantle ADA or DOJ CRD? Unlikely?
• Accelerate regulations? Hmmmm?
122

Why we need regulations
• Current situation provides uncertainty 
(Business hates uncertainty)
• Wave of “nuisance” suits is increasing
• Regulations could/would curtail lawsuits
123

Rule on Accessibility of
Airline Web Sites
“U.S. and foreign air carriers that operate at
least one aircraft having a seating capacity
of more than 60 passengers, and own or
control a primary Web site that markets air
transportation to consumers in the United
States … must make their web pages
providing core travel information and services
accessible to persons with disabilities.”
14 CFR Part 382  
US Department ofTransportation
124

Airline regulations a model?
• Tiered system based on size or industry?
• Reduced requirements for small business?
• Excuse small business entirely?
• Consider factors such as annual revenue?
125

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 2017–18!
127

Resources
• https://designhammer.com/blog/website-
accessibility-its-not-just-good-idea-its-law 
 
or
• http://bit.ly/dhaccess
128

130
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facebook.com/DesignHammer
www.designhammer.com/blog
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Website Accessibility: It’s the Right Thing to do

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