If you own or manage a website, chances are you good that you have heard or read something about ADA compliance and website accessibility. At Surdej Web Solutions, we get questions about ADA compliance, how it relates to websites and event more specifically, how to make a website ADA compliant. In this article, we’re going to break down everything about the ADA and how it applies to your website.
What is ADA?
In 1990, the United States signed into law the most important legislation related to accessibility and civil rights for people with disabilities. The Americans with Disabilities Act (ADA) prohibits discrimination against anyone based on ability or disability. The ADA draws on the precedent set by Section 504 of the Rehabilitation Act, which guarantees rights to people with disabilities in the government sector.
What does the ADA cover?
The ADA covers many different aspects of accessibility for people with disabilities. Title III of the ADA affects how businesses serve customers. It covers public areas and accommodation which apply to restaurants, businesses, theatres, doctors’ office, restaurants, parks, libraries and pretty much every other place of work.
The ADA features two primary requirements:
- Employers have to make accommodations for employees with disabilities to be able to do their jobs, including disability-friendly entrances, disability-friendly bathrooms, and the right kind of chairs, desks, and office equipment.
- Businesses of all types have to make it possible for customers with disabilities to access their services, requiring them to make modifications to their premises like wheelchair ramps, accessible bathrooms, American Sign Language (ASL) interpretations, and accommodation for service animals.
Who does the ADA Cover?
In 2018, President Obama signed major changes to the ADA into law. The biggest change involved the definition of disability. The original ADA defined a person with a disability as someone who has a condition that “substantially limits major life activities.” Under the 2018 amendment, “major life activity” was redefined to include daily activities like caring for oneself or performing manual operations. It was also extended to include impairments to major bodily functions like digestive and respiratory functions, and neurological impairments.
Who needs to be ADA compliant?
Pretty much every type and size of business has to comply with ADA legislation, for their customers and employees, if there are over 15 workers. The ADA affects places of entertainment, restaurants, large enterprises, small to medium businesses, retail stores, government offices, employment agencies, and more.
How does the ADA affect websites?
In 2018, there was a bigger push from disability rights activists, legal scholars and even court rulings that began to shed the light on how websites owners and developers were overlooking the ADA when it came to websites. In September 2018, Assistant Attorney General Stephen Boyd wrote an official letter to members of Congress explaining its mandatory that “goods, services, privileges, or activities provided by places of public accommodation be equally accessible to people with disabilities.”
Since that time, the number of lawsuits has skyrocketed and many businesses, schools and non-profit organizations have been forced to fix or re-develop their website to make it more accessible. The stats for the last two years paint a clear picture:
- There were at least 11,452 federal filings in 2021, which is a 320% increase over a short, eight-year period.
- And, as of 2020, 265,000 demand letters were sent to businesses that operated inaccessible websites.
In June of 2022, the Department of Justice released new guidance on implementing web accessibility standards and practices, clarifying that the ADA indeed covers web accessibility.
The expectation is the number of lawsuits will continue to climb because of these updated guidelines. 85% of ADA lawsuits in federal and state courts during 2018 were filed against small and medium retail businesses. More often than not, courts are siding with plaintiffs and which is forcing many small business owners to settle out of court. The cost of defending a lawsuit could destroy even a medium-sized business, but the average ADA website lawsuit settlement still comes to $35,000.
What are the ADA website compliance standards?
The DOJ has frequently referenced the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA as the goal for website accessibility, even though this isn’t codified into law. At the moment, WCAG 2.1 is the best measure of web accessibility when it comes to federal law, and it’s unlikely that a WCAG 2.1 Level AA compliant website would be sued for inaccessibility.
How to make a website ADA compliant:
Now that we know the background, let’s talk about how to make a website ADA compliant. When referring to ADA compliance and the WCAG 2.1, there are a number of things that a website owner or developer must consider to make their site fully accessible. Here a list of some of the things to consider to get you started:
- Design the site and structure content so people with disabilities can enjoy the full use of your website. They need to be able to access content and navigate your website successfully. They also need to be able to engage with all the elements on your website.
- Everything from your website theme and colors, structure and content needs to be addressed.
- Website images must contain and an alternate title and description. The description should describe exactly what is being conveyed in the photo or image.
- Zoom text – Text must be able to be increased by up to 200%.
- Keep color contrast ratio in mind. Check the contrast ratio using tools like WebAIM’s Contrast Checker.
- Make sure to use distinctive links. Never use “click here” or “download.”
- Keep a consistent layout and navigation throughout the site.
- Check and make sure your can navigate your website using only the keyboard with a skip navigation option.
- Make sure your site has a Site Map and an accessibility statement with information for visitors to contact you for accessibility problems.
Again, the list above is a starting point. There are also many things that need to be considered with the html and site structure which we haven’t listed above.
There are many tools you can use to test your websites accessibility. Some of the more popular tools are:
- Using your Keyboard to navigate your website is a good starting point.
- Google Chrome Developers Tools offer an accessibility audit which can help you identify items that need attention.
- Accessible.org is a great source with documents that break down the WCAG Guidelines.
- Tools like the WAVE Web Accessibility Evaluation (WAVE) tool works great for you to view your site and to visually see any errors or issues.
All of the above tools are free and are great resources for you or your web developer to use to evaluate the accessibility of your website.
If you are looking for a quick and effective solution to your websites ADA compliance, we highly recommend the accessWidget by accessiBe. We believe in this widget so much that we installed it on our site (you can try it by clicking the icon in the bottom right corner or side of the page).
The accessWidget is the industry leading, AI powered solution that makes your site accessible and compliant quickly and cost efficiently. There is an annual license fee of $490 which may seem costly to some small business owners, but it is far less than any legal fees associated with a non-ADA compliant website. We think of it like we think of like an annual insurance payment.
By implementing this solution the benefits to you are the following…
- It helps to mitigate the legal risk of expensive lawsuits.
- It is a way to grow your business by reaching out to a huge (15% of the population), underserved, and extremely loyal consumer group.
- Finally, being inclusive is the right thing to do and sends a positive message about your brand.
If you’re interested in sign-up at Accessibe.com or contact us and we’ll get you signed-up!
Now you know how to make a website ADA compliant. If you need assistance, Surdej Web Solutions has been focused on building ADA compliant websites for years. We can help you with your site. Call us at 716-404-9343 or shoot us an email at in**@****ej.com.