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What Is Section 508 Compliance & Why Is It Important?
Posted on By Author ADA Support Categories Articles

What Is Section 508 Compliance & Why Is It Important?

Section 508 is a law that requires all federal agencies and non-profit organizations that receive financial assistance from the federal government to make their electrical, communication, and information technologies inclusive and accessible to all people, including those with disabilities.

It is important because it prevents discrimination against disabled people within a government institution. Making IT-related industries accessible to disabled persons can substantially improve their quality of life because they are crucial to people at all stages of life.

What Is Section 508?

Section 508 is actually a vital law that requires all federal agencies and organizations that receive government funding to provide accessibility for people with disabilities. We’ll be exploring what this means in practice and why it’s so important to have web accessibility.

The term “Section 508” is actually a former section of the Rehabilitation Act of 1973, which was amended by the Rehabilitation Act Amendments of 1983. This was a wide-ranging law that introduced many of the electronic accessibility standards we know and love today.

Section 508 guidelines specifically state that any federal agency or organization that receives federal financial assistance must comply with handicapped accessibility standards. It’s important to note that the ADA is a separate law and does not require any federal or non-government organization to comply with the ADA.

It can be interpreted as mandating equal access, but this is not it at all. The technology standards are set by the Access Board under Section 508 to ensure that people with disabilities are given the same opportunities as everyone else. Note that there are differences between Section 508 and ADA compliance.

Section 508 compels any information and communications technology-related agencies that receive federal aid to take the necessary steps to prevent discrimination based on the disabilities of an individual. ADA, on the other hand, is similar to this section but in a broader sense. It compels all agencies, whether government or private, to prevent discrimination in any public accommodation. A separate ruling has now included online assets.

How Does The Government Enforce Section 508?

Section 508’s enforceable portion is largely focused on procurement and is administered through the Federal Acquisition Regulations. Beginning in January 2001, Section 508 was included in the Federal Acquisition Regulations.

This implies that when the government purchases information and communication technology, it must choose the product that best fits accessibility criteria. For example, when a federal agency is buying a vending machine and has narrowed it down to five vending machines that match all the criteria. Section 508 dictates which one the federal agency must buy, the one that’s most accessible to disabled people.

Impacts Of Section 508?

The main impact of section 508 is that it made the government focus on accessibility programs and prioritize individuals with limitations and disabilities. Section 508 reshaped the government’s purchasing habits in its sector.

The private sector also took notes from this change. Another great impact of section 508 is that it forced federal agencies to establish accessibility programs. Government agencies now emphasize a lot more on accessibility and disability programs.

Why Is Section 508 Important?

Section 508 is important because it sets equal rights for people of all sorts in society. No one gets discriminated against because of their disabilities. All the government bodies present equal facilities to the taxpayers.

You cannot expect the private sector to introduce equal accessibility to all people if the federal bodies don’t do it first. Section 508 compels all government agencies and private agencies that receive federal aid to apply equal accessibility to everything related to information and communication technology.

This isn’t limited to just a webpage, but everything it is related to, such as software, mobile applications, documents, and even hardware interfaces like TVs, printers, scanners, etc.

Conclusion

For disabled people, Section 508 is important as it enables them to easily access information and technology-related resources. It compels federal agencies to abide by accessibility programs and ensures equal rights for all people. It is not limited to something trivial; it applies to everything related, from hardware like TVs, fridges, printers to websites, web content, eCommerce sites and everything in between.

ADA For Web is dedicated to ensure that website and client interactions follow accessibility guidelines. Contact us now to get a website accessibility audit.

What Are Accessibility Lawsuits? Things You Need To Know
Posted on By Author ADA Support Categories Articles

What Are Accessibility Lawsuits? Things You Need To Know

The web and the internet are essential in our daily lives nowadays. Everyone needs to use the web in some capacity. And that also includes people with disabilities. That’s why websites are required to be accessible under the ADA law.

There was a record number of ADA accessibility lawsuits last year. So, here is all you need to know about the ADA-compliant website law and more. If you have a website, there’s never been a better time to check how accessible your website is.

What Are Accessibility Lawsuits?

ADA web accessibility law states that places of accommodation should have equal access to their services, goods, and facilities. And this includes people with disabilities as well. Websites also fall under this rule; they are also considered “places of accommodation’ according to the law.

So, an accessible lawsuit can be filed by a private plaintiff if they feel like a website has not been designed or coded to be accessible. However, in some cases, the justice department can also file lawsuits.

If there is a “general public importance”, which means that if an act of violation affects a lot of people, the DOJ can start investigating themselves.

Recently we have seen a hike in ADA complaint lawsuits. Especially during the Biden administration. The DOJ has increased its web accessibility enforcement activities.

Is The ADA Law Being Exploited?

Business owners who also happen to have a website might think about whether it’s all a scam or not. And are these plaintiffs abusing the law to gain some kind of monetary benefit? Well, while the ADA doesn’t allow any kind of monetary gain for plaintiffs, state laws might vary.

For example, in California, the Unruh Civil Rights Act gives out $4,000 in monetary damages for each offense. Sometimes, the ADA can allow the plaintiff to cover the cost of legal services from the business.

No matter how you look at it, fighting a lawsuit can be very expensive. And this is regardless of whether you choose to settle or litigate it. Protracted litigation can go into the six figures—around $100,000. Settling can be around $14,000.

Of course, these are solid numbers. These are just from past cases. The cost will most definitely vary from case to case.

How To Ensure That Your Website Is ADA Compliant?

This is where things get a bit tricky. ADA does not provide any kind of guidelines for creating an accessible website. This makes things a bit challenging.

But the WCAG 2.1 guidelines help a lot. It stands for Web Content Accessibility Guidelines, and it is accepted as a reasonable standard when creating an accessible website. The bottom line is that if your website conforms to the WCAG 2.1 guidelines, your website will be accessible to most users.

However, private plaintiffs can file a lawsuit for any reason. But according to historical data, most lawsuits will cite the failure to meet WCAG guidelines as the primary issue. An expert web accessibility consulting service can help you with your ADA compliance.

You need to ensure that you meet the criteria and guidelines of WCAG 2.1. And accessible websites for law firms are even more important.

Web Accessibility Is Worth It

Although web accessibility lawsuits can be a hassle, at the end of the day, an accessible web is better, whether you’re an eCommerce site or any kind of site. You might argue that web accessibility for law firms is even more important.

The point of the matter is that the internet is so ubiquitous nowys that companies and brands should provide an accessible experience. Because in the long run, this will contribute to the goodwill of the company.

Having an inaccessible website can create a negative image of the brand. At least for disabled customers. And the brand can lose a large chunk of the potential customer base in that sense. Which can result in more revenue loss in the long run compared to a lawsuit.

Wrapping Up

ADA compliant website laws help disabled people enjoy an inclusive web experience. And it’s always in a company’s best interest to give all of its potential customers a smooth experience.

Our experts at ADA for Web can help you in achieving that. So, don’t be shy to get in touch with us for a website accessibility audit.

Ultimate Attorney Client Guide to Website Accessibility and ADA
Posted on By Author content@adaforweb.com Categories Articles

Ultimate Attorney Client Guide to Website Accessibility and ADA

As an attorney, it is important to be aware of website accessibility and the Americans with Disabilities Act (ADA).

This guide will provide you with all the information you need to know about both topics, including what they are, how they affect your business, and what steps you can take to ensure your website is compliant. Keep reading to learn more!

What is website accessibility?

Accessibility refers to the ability of a person with a disability to use a product, service, or facility.

Making your website accessible means making it usable by people who are disabled, whether that be someone who is blind, deaf, in a wheelchair, limited manual dexterity, limited literacy skills (i.e., dyslexic), colorblind, etc.

The following are some examples of ways you can make your site more accessible for people with disabilities:

  • Captions on videos and photos
  • No autoplay for videos
  • Alternate text descriptions on photos
  • Easy navigation for screen readers
  • Text in shapes instead of pictures only (make sure they have alt-text)
  • Keyboard navigation for those with limited use of their hands or difficulty using a mouse
  • High contrast color scheme (black text on white background), especially for colorblind.

ADA and Section 508 Compliance Legal Summary for Websites and Mobile Apps

It’s become critical that websites and mobile apps comply with Title III of the Americans With Disabilities Act (commercial) and Section 508 of the Rehabilitation Act (government) – as well as some state laws.

These regulations ensure that everyone, regardless of their physical or mental abilities, has access to traditional and digital public places. The WCAG has been designated as the official ADA standard by the DOJ despite slow progress informally making it so, and provision 508 explicitly makes Section 508 the legal standard for accessibility.

ACCORDING TO THE COURTS, the WCAG has served as the de facto standard in providing digital accessibility in numerous circumstances.

The WCAG was established by and is administered by the W3C, the global governing body for web technology. WCAG 2.1 is the most recent version, and it has three degrees: A, AA, and AAA, with A being the minimum requirement to avoid problems. AAA criteria are intended as best practices that are frequently unattainable.

Website ADA Compliance Guide: 

Websites are not always accessible without a specific design to enable Assistive Technology. This means that unless a website’s developer has fulfilled their obligation in building an accessible site.

Then you will have trouble using it with any disability. This can be prevented by either designing from scratch or having another party handle the development process altogether, which results in more control over what parts get implemented onto your page!

What should your client do to make their website ADA compliant and avoid continued legal hassles?

Your client will be presented with two options: maintaining the existing site or starting afresh. The time and money it takes to repair the old location may equal, if not surpass, that of starting from scratch.

Because the front-side code is restricted on some closed/hosted platforms such as Wix or Weebly, certain websites built on these platforms may not be capable of achieving compliance.

Building A New WCAG Compliant Website:

It is always best to start with good quality content and good design when building a website. Once you have created your website, there are certain standards that all websites must meet if they want to be accessible to those who reside in the United States.

Not only does this improve your site’s ranking on search engines like Google or Bing (for example, for the search term “ADA attorney”), but it also ensures that those visiting your site can read and understand what you need them to take action on.

One of the most important things to remember about creating an ADA-compliant website is descriptive titles and headings. Someone using a screen reader will know what each section contains and where they are at any given time, and how much more content they have to read.

For WCAG compliance, redesigning a website begins with training the in-house staff for web accessibility or outsourcing to a competent web developer specializing in 508/ADA compliance. The following are some of the most important stages:

  • During the design process, we check for color and contrast usage.
  • During the development phase, increments of unit testing are performed.
  • A thorough 3-factor audit of the entire website after development is finished and loaded content. To follow are details on what a “3-factor audit” entails.
  • Our approach allows you to set up automated tools that perform periodic audits until any substantial changes are made, which would necessitate a full 3-factor audit.

Making an Existing Website WCAG Compliant:

This two-step procedure starts with an assessment to reveal WCAG concerns, followed by repair.

WCAG Website Auditing for ADA & 508 Compliance:

It’s strongly encouraged to start with a 3-factor audit (color contrast, size, and spacing) as it provides the most accessible results for users on desktop or mobile devices. From there, you can do a full audit of all WCAG checkpoints.

Each result is detailed with suggestions on how to make your website compliant.

The WCAG2Guidelines are published by The World Wide Web Consortium (W3C), the same organization that maintains HTML5 and CSS3 standards.

There are 12 guidelines in total, each with varying degrees of accessibility. They are outlined below:

  1. Predictable & Controllable: Uses technologies that allow people to control their own experience, including assistive technology like screen readers.
  2. Understandable: Includes text that’s easy to understand, content hierarchy & labeling.
  3. Input Assistance: Includes instructions for users with slower or limited response times, keyboard shortcuts, and accessible error messages.
  4. Robust: Supports mainstream and alternative devices to help accessibility grow with technology.
  5. Compatible: Builds compatibility into the design by removing barriers due to using incompatible technologies or outdated standards.
  6. Interoperable: Allows other technologies (such as assistive technology) access to content, control over functionality, and access to metadata about documents.
  7. Language of Page: From interface text to page structure, text must be present in a logical order for screen readers.
  8. Time-based Media: Supports people experiencing the effects of flashing images or sounds.
  9. Proprietary App Interfaces: Include accessibility consideration for app interfaces, including compatibility with mainstream assistive technology.
  10. Externally Linked Contents: Dynamically loaded content must be fully accessible to avoid losing its place in the current document.
  11. Inter-page Relationships: Documents using navigation elements must have consistent relationships, including heading structure and link text.
  12. Language of Parts: Inconsistently labelled Modules will cause problems for screen readers where they might not associate it to a meaningful full label in context. This is particularly important when modules are reused and use different labels.

How Much Will a 3-Factor Audit Cost?

On the low end, a simple marketing website will cost between $7K and $15K. For more sophisticated and eCommerce sites, anticipate expenditure to top $20K or perhaps more.

WCAG Accessibility Website Remediation

Your client’s development team will be well equipped to fix any issues that arise with solid audit results, including remediation guidance.

We recommend executing the existing strategy by default and avoiding mistakes in future projects if possible. However, it can always call on our expertise should they need help to catch up or understand WCAG compliance more clearly than their internal teams do now!

Mobile App ADA Compliance Guide:

The 9th Circuit affirmed in the Robles v. Dominos case that ADA Title III applies to websites and mobile apps, as previously ruled by the 6th Circuit.

Domino’s sought to appeal the decision, but the Supreme Court rejected the request, allowing the 9th Circuit’s decision to stand.

WCAG Mobile App Auditing:

However, auditing a mobile app is a unique situation. There are several automated testing tools for Android and IOS, and however, most are still immature and unreliable. We conduct manual testing and provide analysis that identifies problems and suggested solutions.

WCAG Mobile App Remediation:

In the meantime, without website recommendations, the current mobile app development team should undertake the cleanup. A thorough audit with comprehensive remedy instructions can help you avoid a lot of time and money in both cases.

Regardless of whether your client’s mobile app or website has generated the lawsuit, you should advise against shortcuts. This is a new expense of doing business, and biting the bullet early will assist them in resolving the current problem without creating any more legal difficulties.

Conclusion:

This article is a comprehensive guide on website accessibility and ADA compliance. We hope this post will serve as an introduction for business owners who are just beginning their journey to understand how the law impacts them and provide basic tips that you can use right away!

But if you need more information or want help getting your site compliant with these laws, please reach out to us. Our team of experts would love the opportunity to work with you to make our websites accessible to everyone and stay within legal limits at the same time.

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