Introduction to Legal Frameworks for Accessibility
Digital accessibility is not only a best practice but also a legal requirement in many regions. Various laws and guidelines ensure that digital content is accessible to individuals with disabilities. Understanding these legal frameworks is essential for compliance and to avoid potential lawsuits, while also fostering a more inclusive online environment.
The three most prominent legal frameworks for digital accessibility are:
- Americans with Disabilities Act (ADA)
- Section 508 of the Rehabilitation Act
- Web Content Accessibility Guidelines (WCAG)
1. Americans with Disabilities Act (ADA)
Overview of the ADA
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The Americans with Disabilities Act (ADA) is a civil rights law enacted in 1990 to prevent discrimination based on disability. The ADA applies to physical spaces (like businesses, government institutions, and public accommodations), as well as digital spaces.
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Title III of the ADA mandates that “places of public accommodation” (such as websites, mobile apps, and digital services) must be accessible to individuals with disabilities.
ADA and Digital Accessibility
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Applicability: Any business, organization, or institution that provides goods or services to the public must ensure their websites and digital products are accessible to people with disabilities.
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Enforcement: The ADA does not explicitly mention web accessibility, but U.S. courts have increasingly interpreted the law to apply to websites, mobile apps, and other digital services. Several lawsuits have been filed against companies for failing to make their websites accessible under the ADA.
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Case Study: In 2019, the Domino’s Pizza case demonstrated how the ADA applies to web accessibility. The U.S. Ninth Circuit Court ruled that the Domino’s website and mobile app were required to comply with the ADA to ensure equal access for visually impaired users.
Compliance Strategy:
- Ensure websites and apps are accessible by adhering to WCAG (more on this below).
- Regularly conduct accessibility audits to identify and resolve issues.
- Provide alternative ways to access content, such as offering customer service for users who encounter accessibility barriers.
2. Section 508 of the Rehabilitation Act
Overview of Section 508
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Section 508 is part of the Rehabilitation Act of 1973 and mandates that all electronic and information technology (EIT) developed, procured, maintained, or used by the U.S. federal government be accessible to people with disabilities.
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Applicability: Section 508 applies specifically to federal agencies and contractors doing business with the federal government, though many state and local governments have adopted similar standards. Private companies that provide services to federal agencies must also comply.
Requirements of Section 508
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Section 508 requires that federal websites and digital tools meet accessibility standards, ensuring that individuals with disabilities, including federal employees, can access and use the information and systems they need.
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Key Areas of Compliance:
- Accessible software and web applications
- Proper use of text descriptions for images, videos, and interactive elements
- Captioning and transcripts for audio-visual content
- Keyboard-accessible navigation
Updates to Section 508
- In 2018, Section 508 was updated to align with the Web Content Accessibility Guidelines (WCAG) 2.0 standards at the AA level. This ensures consistency between federal requirements and the most widely accepted global standards for web accessibility.
3. Web Content Accessibility Guidelines (WCAG)
Overview of WCAG
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The Web Content Accessibility Guidelines (WCAG) are not laws in themselves but a set of internationally recognized guidelines developed by the World Wide Web Consortium (W3C) to improve web accessibility.
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WCAG is used as the de facto standard for accessibility compliance in many legal frameworks, including ADA lawsuits and Section 508.
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The guidelines are organized under four main principles, known as POUR:
- Perceivable: Information and user interface components must be presented to users in ways they can perceive (e.g., providing text alternatives for images).
- Operable: The interface must be usable for all users, including those with motor disabilities (e.g., allowing keyboard-only navigation).
- Understandable: Content must be easy to understand (e.g., using clear and concise language).
- Robust: Content must be accessible by various technologies, including assistive technologies (e.g., ensuring compatibility with screen readers).
WCAG Conformance Levels
- WCAG outlines three levels of conformance:
- Level A: The most basic web accessibility features (e.g., ensuring that there are no elements that cannot be interpreted by assistive technologies).
- Level AA: Deals with the biggest and most common barriers for disabled users (e.g., providing alternative text for images and captions for videos).
- Level AAA: The highest and most complex level of accessibility (e.g., providing sign language interpretation for videos).
WCAG 2.1 Update
- The most recent version, WCAG 2.1, was introduced in 2018, expanding on WCAG 2.0 to address mobile accessibility, low vision, and cognitive disabilities. Key updates include:
- Improved guidelines for touch inputs on mobile devices
- Expanded recommendations for contrast sensitivity
- Guidelines for screen orientation and text spacing for improved readability
Global Adoption of WCAG
- EU Web Accessibility Directive: Requires public sector websites in EU member states to follow WCAG 2.1 AA standards.
- Canada: Adopts WCAG guidelines for government websites.
- Australia: WCAG 2.0 compliance is required for government websites and is recommended for private sector websites.
The Intersection of ADA, Section 508, and WCAG
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ADA and Section 508 provide legal requirements for accessibility in the U.S., while WCAG offers technical guidance for achieving compliance.
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Even though WCAG is not legally binding, it is often referenced in lawsuits and government regulations as the standard for web accessibility.
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Best Practice: Organizations looking to comply with ADA and Section 508 should aim to meet WCAG 2.1 Level AA standards to ensure their websites and digital products are accessible.
Compliance Strategies for Businesses and Developers
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Conduct an Accessibility Audit:
Regularly assess websites, apps, and digital content for accessibility barriers using automated tools and manual testing with assistive technologies. -
Adopt WCAG Guidelines:
Follow WCAG 2.1 Level AA as the benchmark for compliance, ensuring that digital products meet a wide range of accessibility needs. -
Provide Employee Training:
Ensure that developers, designers, and content creators understand the importance of accessibility and are trained to implement accessibility best practices. -
Maintain Accessibility:
As websites and digital content evolve, continually review and update accessibility features to stay compliant with legal standards and accommodate new technologies.
End of Lecture Quiz
1. Which of the following best describes the role of the ADA in web accessibility?
- a) It is a technical guide for web developers.
- b) It is a civil rights law that prohibits discrimination based on disability in both physical and digital spaces.
- c) It is a federal regulation for government websites only.
Answer: b) It is a civil rights law that prohibits discrimination based on disability in both physical and digital spaces.
Rationale: The ADA applies to both physical spaces and digital services such as websites and mobile apps.
2. What does Section 508 of the Rehabilitation Act require?
- a) All websites globally must be accessible.
- b) Only government websites and federal contractors must ensure accessibility of electronic and information technology.
- c) No websites are required to be accessible under Section 508.
Answer: b) Only government websites and federal contractors must ensure accessibility of electronic and information technology.
Rationale: Section 508 applies to U.S. federal agencies and contractors, ensuring their digital content is accessible.
3. What is the purpose of WCAG?
- a) It provides legal enforcement for website accessibility.
- b) It offers guidelines for making web content more accessible to users with disabilities.
- c) It sets design standards for graphic designers.
Answer: b) It offers guidelines for making web content more accessible to users with disabilities.
Rationale: WCAG provides technical guidelines for improving accessibility but is not itself a law.
4. At what conformance level does WCAG recommend providing alternative text for images?
- a) Level A
- b) Level AAA
- c) Level AA
Answer: a) Level A
Rationale: Providing alternative text for images is one of the basic web accessibility features covered under WCAG Level A.
Case Studies
Case Study 1: Domino’s Pizza and ADA Compliance
The lawsuit filed against Domino’s Pizza emphasized how ADA applies to websites. The visually impaired plaintiff was unable to order food via the website using a screen reader. The court ruled that websites are considered places of public accommodation under the ADA, leading to increased awareness and enforcement of web accessibility standards.
Case Study 2: U.S. Federal Government and Section 508
A federal agency conducted an audit of its website and found that it did not meet Section 508 standards, particularly in keyboard navigation and screen reader compatibility. The agency revamped its digital presence, aligning with WCAG 2.0 guidelines, and successfully ensured that all employees, regardless of ability, could access its resources.
Online Accessibility Tools
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WAVE Accessibility Tool:
An online tool for checking web accessibility issues.
https://wave.webaim.org/ -
Axe Accessibility Plugin:
A browser extension for developers to test the accessibility of their websites.
https://www.deque.com/axe/
Templates for Accessible Design
- WCAG Checklist:
A checklist to ensure that web content meets WCAG 2.1 guidelines.
https://www.wuhcag.com/wcag-checklist/
Video Tutorials on Accessibility Practices
- WebAIM: Introduction to Web Accessibility
https://www.youtube.com/watch?v=s4N4Zeyjauk
Sample Accessible Website Designs
- GOV.UK:
The UK government’s website is a model of accessible web design and adheres to WCAG 2.1 guidelines.
https://www.gov.uk/