Is Your Website ADA Compliant?

Is Your Website
ADA Compliant?
© SilverTech, Inc. 2016

Introduction
Welcome to “Is Your Website ADA Compliant?”
from SilverTech. We are a digital experience
company. We specialize in helping our clients
create valuable digital experiences for their
customers.

Introduction
Website & Mobile Development, Digital Marketing
& Strategy, User Experience (UX) Design,
Salesforce Development & Integration, Marketing
Automation, Application Development, and
Managed Services & Hosting - all united by our
Lead to Loyal™ approach.

Agenda
01. A Brief History of the Americans with
Disabilities Act (ADA)
02. The ADA, Website Accessibility, and
Lessons from Recent Cases
03. The World Wide Web Consortium (W3C)
& Web Content Accessibility Guidelines
(WCAG)
04. Accessibility is a Best Practice
05. Why Website Accessibility is Difficult to
Maintain

P R E S E N T I N G
CONTENT MARKETING STRATEGIST
Ian Hughes
As the main content writer for The SilverTech Blog and the host
of the Lead to Loyal™ podcast, Ian aspires to create content
that resonates with SilverTech’s diverse audience of marketers
and technologists.
YOUR HOST

P R E S E N T I N G
ENGINEERING & UX MANAGER
Andrew Eddy
Andrew leads a team of experienced designers and front-end
developers, all of whom give SilverTech its competitive edge.
Andrew’s extensive background in leading workshops and
technical initiatives allows him to ensure that all of SilverTech’s
designs are cutting edge and pushing industry norms in order to
deliver the most innovative user experience for our clients.
VICE PRESIDENT, GENERAL COUNSEL
Paul Creme
With over 30 years of experience practicing law, Paul utilizes his
extensive legal knowledge as SilverTech’s Vice President,
General Counsel. With a primary focus on business and
corporate matters, Paul works with senior leadership to ensure
that SilverTech is consistently pursuing strategic goals as well
as provides day-to-day contract review.
SILVERTECH’S EXPERTS

.01
A Brief History of the
Americans with

The Americans with
1990
The ADA gives civil rights protections to
individuals with disabilities similar to those
provided to individuals on the basis of race,
color, sex, national origin, age, and religion.
2018
The Americans with Disabilities Act Amendments Act
(ADAAA) was signed into law and became effective
on January 1, 2009. The ADAAA made a number of
significant changes to the definition of “disability.”
The DOJ to issue
regulations regarding
website accessibility
2008
“The Americans with
is a civil rights law
that prohibits
discrimination
against individuals
with disabilities in all
areas of public life,
including jobs,
schools,
transportation, and
all public and private
places that are open
to the general public.”

The ADA Amendments Act
Final Rule
2016
To add further clarity, the US Attorney General signed the
ADA Amendments Act Final Rule on July 15, 2016 with an
effective date of October 11, 2016.
“The question of
whether an
individual’s
impairment is a
disability under the
ADA should not
demand extensive
analysis.”
● The definition of "disability" should be interpreted broadly.
● Major life activities now include the operation of major bodily
functions, such as functions of the neurological, digestive, or
respiratory systems.
● Due to uncertainty about the meaning of "physical and mental
impairments," the term is now illustrated with the additional examples
of dyslexia and Attention-Deficit/Hyperactivity Disorder (ADHD).

KEY TAKEAWAY
“In other words, the person making a claim may
not have to carry as heavy a burden to prove
their claim.”

Who Does The ADA Apply to?
Equal Employment Opportunity for Individuals with Disabilities
● Private employers with 15 or more employeesTitle I
Title II
Title III
Nondiscrimination on the Basis of Disability in State and Local
Government Services
● Public entities at state and local levels which includes both
physical and programmatic access to all programs and services
offered
Nondiscrimination on the Basis of Disability by Public Accommodations
and in Commercial Facilities
● Businesses operating for the benefit of the public and non-profits

The ADA and Website
Accessibility
Statement from the U.S. Department of Justice (DOJ)
“The inability to
access web sites puts
individuals at a great
disadvantage in
today's society, which
is driven by a
dynamic electronic
marketplace and
unprecedented access
to information.” ● The ADA's expansive nondiscrimination mandate reaches the goods
and services provided by public accommodations using Internet web
sites.
● Beyond goods and services, information available on the Internet has
become a gateway to education, socializing, and entertainment
2015
Official guidance from the DOJ regarding website accessibility was due in
2016, but was delayed to focus on public websites covered under Title II.

Section 508 Amendment to the
Rehabilitation Act of 1973
● Section 508 was enacted to eliminate barriers in information
technology, to make available new opportunities for people with
disabilities, and to encourage development of technologies that will
help achieve these goals.
● There is nothing in section 508 that requires private websites to
comply unless they are receiving federal funds
● Commercial best practices include voluntary standards and guidelines
such as the World Wide Web Consortium's (W3C) Web Accessibility
Initiative (WAI).
Guidance is due in 2018 for private websites covered under Title III. In the meantime,
website ADA compliance is being enforced on a case-by-case basis.

KEY TAKEAWAY
“It is a certainty that at some point you may
want to make your website ADA compliant.”

.02
The ADA, Website
Accessibility, and Lessons
from Recent Cases

National Federation of the
Blind v. Target Corporation
● Target argued that the website was not a place of public
accommodation
● "It is clear that the purpose of the statute is broader than mere
physical access—seeking to bar actions or omissions which impair a
disabled person's 'full enjoyment' of services or goods of a covered
accommodation."
Key Takeaway: a website may be considered a place of public accommodation

National Ass’n of Deaf v.
Netflix (2012)
● Netflix's "Watch Instantly" website was a public accommodation
subject to the ADA even though Netflix has no physical place of public
accommodation.
● "The ADA covers the services 'of' a public accommodation, not
services 'at' or 'in' a public accommodation"
● The Netflix website may fit within at least one (if not more) of the
categories listed in the ADA.
Key Takeaway: you may not need to have a physical location to be considered
covered by the ADA

The DOJ-Peapod.com
Settlement
● Settlement shows that the DOJ is looking closely at the accessibility of
websites and mobile apps and remains aggressive in its enforcement
efforts.
● At a minimum, the DOJ may require companies to comply with WCAG
2.0 Level AA standards.
Key Takeaway: the DOJ is not just looking at websites, but mobile applications
and other online points of access. The DOJ may view AA guidelines as the
appropriate standard.

KEY TAKEAWAY
“These recent cases may only be the beginning
of the explosion of website accessibility cases.”

.03
The World Wide Web
Consortium (W3C) & Web
Content Accessibility
Guidelines (WCAG)

1994
The World Wide Web Consortium (W3C) was
founded in 1994 by Tim Berners-Lee, often
credited as one of the founders of the World
Wide Web.
2008
The Web Accessibility Initiative (WAI) and the World
Wide Web Consortium (W3C) created the Web
Content Accessibility Guidelines (WCAG).
Standards updated in WCAG
2.0, which has become an ISO
International Standard for the
web.
1999
“Since the beginning
the Internet has been
about granting
inclusive access to
information to as
many people as
possible.”
“Leading the Web to its
Full Potential.”

WCAG 2.0 Principles of
Accessibility - POUR
Perceivable
Information and user interface components must be presentable to users in
ways they can perceive (e.g. alt tags that say what the item actually does,
like ‘Submit form Button’).
● Provide text alternatives for non-text content
● Provide captions and other alternatives for multimedia
● Create content that can be presented in different ways
● Including assistive technologies, without losing meaning
● Make it easier for users to see and hear content
“The guidelines and
Success Criteria are
organized around the
following four
principles, which lay
the foundation
necessary for anyone
to access and use Web
content. Anyone who
wants to use the Web
must have content
that are perceivable,
operable,
understandable, and
robust, or POUR.”

Operable
User interface components and navigation must be operable (e.g., you must
be able to navigate the site using a keyboard as well as a mouse).
● Make all functionality available from a keyboard
● Give users enough time to read and use content
● Do not use content that causes seizures
● Help users navigate and find content
following four
the foundation
necessary for anyone to
access and use Web
content. Anyone who
must have content that
are perceivable,
operable,
understandable, and
robust, or POUR.”

Understandable
Information and the operation of user interface must be understandable, (e.g.
error messaging on a form should make sense; instead of ‘Invalid field’
messaging, use ‘The Email field must be in a valid format’).
● Make text readable and understandable
● Make content appear and operate in predictable ways
● Help users avoid and correct mistakes
following four
the foundation
necessary for anyone
to access and use Web
content. Anyone who
must have content
that are perceivable,
operable,
understandable, and
robust, or POUR.”

Robust
Content must be robust enough so it can be interpreted reliably by a wide
variety of user agents, including assistive technologies. In other words, don’t
use tags or code that only certain browsers understand.
● Maximize compatibility with current and future user tools.
following four
the foundation
necessary for anyone to
access and use Web
content. Anyone who
must have content that
are perceivable,
operable,
understandable, and
robust, or POUR.”

WCAG 2.0 Guidelines Levels A,
AA, AAA
● These guidelines are organized into three levels (A, AA, AAA) with
similar types of accessibility features addressed in each, but AA
having more, and AAA having most criteria to meet that level of
accessibility standard.
● For most organizations, the objective is to satisfy Level AA guidelines,
however, some government agencies and nonprofits who serve a
larger impaired audience, may work toward satisfying the majority of
Level AAA guidelines (WCAG states that it is likely not possible to
conform to all AAA guidelines).
● Businesses do not have to comply to all listed criteria to meet
conformance, only those that apply to their website and audience.

WCAG 2.0 Guideline Level AA
● Captions provided for audio content
● Transcripts provided for video content
● Content headings and labels are descriptive of topic or purpose
● Ability for the user to resize text up to 200 percent
● Navigation features are consistent

KEY TAKEAWAY
“Accessibility overlaps with other best practices such as mobile
web design, device independence, multimodal interaction,
usability, design for older users, and search engine optimization
(SEO).”
WC3

.04
Accessibility is a Best
Practice

Best Practices for Accessible
Content
● Do not rely on color as a navigational tool or as the sole way to
differentiate items
● Images should include Alt text in the markup/code; complex images
should have more extensive descriptions near the image
● Functionality should be accessible through mouse and keyboard and
be tagged to worked with voice-control systems
● Provide transcripts for podcasts
● If you have a video on your site, you must provide visual access to the
audio information through in-sync captioning
● Sites should have a skip navigation feature
“Case studies show
that accessible
websites have better
search results,
reduced maintenance
costs, and increased
audience reach,
among other
benefits.”

Granite State Independent
Living
“As long as the site is
planned and built
with requirements in
mind, it typically is
not a big deal and is
achievable to that
level.”

Granite State Independent
Living
“As long as the site is
planned and built with
requirements in mind,
it typically is not a big
deal and is achievable
to that level.”

.05
Why Website
Accessibility is
Difficult to Maintain

Maintaining WCAG Level AA
Accessibility
● We find that although sites may conform to Level AA guidelines when
they first launch, most companies do not have governance in place to
maintain it over the long term.
● Due to powerful Content Management Solutions (CMS) making it easy
for companies to update, add, and edit content on the fly without the
help of developers, most websites are modified or enhanced by clients
on a frequent basis by those who are not aware of accessibility
requirements.
● This can quickly cause user frustration and can cause the site to no
longer be ADA compliant.

Maintaining WCAG Level AA
Accessibility
● We recommend that clients create site governance policies that list
out requirements for all content types and site modifications.
● Additionally, the site should be audited on a regular basis either by a
knowledgeable web development agency or a knowledgeable internal
site owner.
● And, just as new ADA laws like this one come into effect, WCAG
standards change on a regular basis as well.
● As technology advances make conducting transactions and making
key decisions online one of the primary channels of business, staying
on top of WCAG guidelines and auditing your website against the
success criteria not only will make the experience better for all your
users, but may also save you money due to potential litigation and
fines.

KEY TAKEAWAY
“By making your website accessible, you are ensuring that all of
your potential users, including people with disabilities, have a
decent user experience and are able to easily access your
information. By implementing accessibility best practices, you
are also improving the usability of the site for all users.”
usability.gov

At SilverTech, we make hard stuff easy. We create
custom, integrated digital solutions that enable our
clients to grow loyal relationships with their customers.
SILVERTECH HEADQUARTERS
The Ash Street Schoolhouse
196 Bridge Street
Manchester, NH 03104
CALL US: 603.669.6600
EMAIL: info@silvertech.com

SOURCES
Slide 8: https://adata.org/learn-about-ada “What is the Americans with Disabilities Act (ADA)?”
Slide 9: https://www.ada.gov/regs2016/final_rule_adaaa.html “ADA Amendments Act Final Rule”
Slide 11: https://adata.org/learn-about-ada “What is the Americans with Disabilities Act (ADA)?”
Slide 12: http://www.reginfo.gov/public/jsp/eAgenda/StaticContent/201510/Statement_1100.html “Department of Justice (DOJ) - Fall 2015”
Slide 13: https://en.wikipedia.org/wiki/Section_508_Amendment_to_the_Rehabilitation_Act_of_1973 “Section 508 Amendment to the Rehabilitation
Act of 1973”
Slide 16: https://en.wikipedia.org/wiki/National_Federation_of_the_Blind_v._Target_Corp. National Federation of the Blind v. Target Corp.
Slide 17: http://smallbusiness.jdsupra.com/post/tag/natl-assn-of-the-deaf-v-netflix “Does the ADA Apply to Netflix? Court Says Yes”
Slide 18: http://www.chicagotribune.com/business/ct-peapod-justice-settlement-1119-biz-20141118-story.html Peapod settles charges over website
access for disabled customers
Slide 21: https://en.wikipedia.org/wiki/World_Wide_Web_Consortium World Wide Web Consortium
Slide 22: https://www.w3.org/TR/WCAG20/ Web Content Accessibility Guidelines (WCAG) 2..0
Slide 26: https://www.w3.org/TR/UNDERSTANDING-WCAG20/ Understanding WCAG 2.0
Further articles for reference:
Wuhcag. https://www.wuhcag.com/ “Web accessibility for developers”
VIEO Design https://www.vieodesign.com/blog/what-is-ada-website-compliance “What is ADA Website Compliance?
Financial Brand https://thefinancialbrand.com/55509/ada-compliance-for-banking-websites/
Interactive Accessibility https://www.interactiveaccessibility.com/ada

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