ADA Compliance

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If your business is online compatible, you must understand the importance of website accessibility. Accessibility is a legal requirement that now spans to ensure that all webpages are ADA-compliant.

Laws have made ADA compliance mandatory, meaning that businesses of any size can incur large fines or even be sued for failure to meet ADA compliance standards. What does ADA compliance mean for your business? Simply put, it means making your website accessible for all, much like you would for a brick-and-mortar location.

In the online world, you must make your website ADA-compliant for people of all abilities. According to statistics, 98% of websites are not ADA-compliant with the Web Content Accessibility Guidelines (WCAG).

ADA standards were created to foster inclusivity in the real world and online spaces. Accessibility widgets can help simplify the process for all business owners, allowing them to include an often overlooked segment of the market while avoiding any fallout from federal agencies or state and local governments.

Accessibility is the easiest and most efficient way to increase compliance with ADA standards and provide access to digital experiences for everyone, regardless of their abilities. See how our widget for website accessibility can quickly get you on the right track to gain more sales while avoiding legal woes. Start your free Accessibly trial today!

What Is the Americans with Disabilities Act?

The Americans with Disabilities Act (ADA) is a comprehensive and complex item of civil rights legislation that was signed into American law on July 26, 1990. The ADA was designed to prohibit discrimination of individuals based on disabilities and to guarantee equal opportunities in society for those living with disabilities. The law was modeled after another comprehensive piece of legislation, the Civil Rights Act of 1964. The ADA guarantees equal opportunities regarding many facets of American life, including employment opportunities and the ability to participate in programs and services provided by both state and local governments. 

Due to the technological shift that has taken over American life and society in the modern day, the Americans with Disabilities Act now covers the issues of web accessibility as they relate to both telephone and internet companies. This includes two provisions covering two different types of websites. The first, Title II, applies to state and local government websites. The second, Title III, applies to businesses that are generally open to the public and that fall into one of 12 categories listed in the ADA. Failure to comply with ADA web accessibility guidelines can result in lawsuits and hefty financial penalties. For this reason, it is essential to understand both the importance of ADA guidelines and how you can successfully and fully comply with the guidelines. 

Why Should Websites Be Accessible

Before discussing the specific requirements of the ADA guidelines, it is necessary to understand why websites should be accessible. Technological advances have drastically changed the way American society operates and our overall reliance on the internet. This includes resources such as education, commerce, career, and even recreation.

The internet has become an essential component in nearly every facet of American life. For example, many government services and programs require users to perform activities on the internet. Actions such as paying fees, applying for jobs, filing tax returns, and even applying for permits are now conducted entirely online. For these reasons, it is essential that the online platforms where these actions are performed are sufficiently accessible to all users. This is especially true for users with disabilities because navigating the web can be significantly challenging for those living with disabilities when the website lacks an accessible design. Now that much of our world is online, it is only proper to provide equal access to all disabled users.

Why ADA Compliance Matters

The ADA stands firm on prohibiting discrimination against those who are differently abled. It is a federal law that WCAG guidelines must be followed for digital accessibility as it guarantees equal opportunity for people with disabilities.

Just as public accommodations matter in the real world, people with disabilities must be given the same ease of access online as anyone else. The ADA prohibits discrimination through the following five titles that cover an array of aspects for disabled people: 

Title I

Title I of the ADA prohibits discrimination in employment situations for people with disabilities. This is to ensure that equal opportunities abound during both the application and hiring process and it extends to other employment practices as well.

Title II

This ADA title mandates that there is equal access to public services and transportation for people with disabilities. It provides that state and local government services must make public accommodations for the disabled.

Title III

Under Title III, public accommodations and commercial facilities must be accessible to people with disabilities.

Title IV

Title IV focuses on phone and internet services, requiring them to be accessible to those with hearing and speech disabilities.

Title V

Title V makes a variety of provisions to further protect people with disabilities from retaliation and safeguard their rights under each ADA title. 

ADA compliance standards must be upheld everywhere, even online. The ADA rules that apply to public areas and employers, are part of the third ADA title. Failure to follow ADA standards will result in large fines.

All employers must make reasonable accommodations for employees with disabilities to allow them to perform their jobs. For example, entrances and bathrooms should be accessible. This also applies to customers with disabilities who need to access their services.

Reasonable modifications must be made so a business can serve people with disabilities. In a restaurant or shopping center, accommodations include wheelchair ramps at the entrance of a building, accessible bathrooms, and accommodations for service animals. The requirements set by the ADA state that all places of business should have ramp access for anyone who uses a wheelchair or other mobility aid, interface mechanisms, and interpretive devices to help those who have visual impairments, and allow and accommodate service animals.

While your online business will not need a wheelchair ramp, it will need to fulfill the WCAG guidelines to be ADA-compliant. Accessibly’s widget can help make that change easier.

Who Must Comply with the ADA?

Many mistakes have been made because there is an assumption that the ADA standards only apply to large corporations. All types of businesses and organizations of all sizes must comply with the ADA standards. State or local governments, employment agencies, public entities, and private employers must also follow the set standards. The only exemptions from complying with ADA standards are any place with fewer than 15 employees. This means movie theaters, restaurants, small and medium businesses, banks, large corporations, retail shops, colleges, labor unions, state and local government offices, and website owners must follow this legislation.

As the owner of a website, it is imperative that you take action immediately to ensure ADA standards and compliance are met. Failure to do so could put your business in jeopardy.

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What Does “ADA Compliant” Mean for Websites?

A website being ADA compliant means that it accommodates individuals with disabilities, adapting the content in a way that is easily visible, understandable, and accessible to all.

Also known as digital accessibility, ADA compliance ensures that websites accommodate individuals with disabilities. Under the Americans with Disabilities Act (ADA), any condition limiting major life activities can be classified as a disability, including visual, cognitive, mobility, and deaf/hard-of-hearing impairments.

In short, if a website does not meet ADA standards, it is non-compliant. For instance, missing alt text on images hinders screen readers from interpreting content for the visually impaired. A lack of keyboard navigation (where all website functions can be performed with a keyboard and not just a mouse) works very well for those with motor disabilities.

Key elements of an ADA-compliant website include providing text alternatives for non-text content, ensuring all functionality is accessible via keyboard, making text content readable, and ensuring compatibility with current and future assistive technologies like Braille displays, screen readers, and magnifiers. Do not forget about ongoing manual and automated accessibility audits, which allow site owners and web developers to uncover critical accessibility issues on websites and mobile applications.

For more information on how ADA compliance ensures websites are accessible to all users, visit ADA.org.

What Are The Requirements For A Website To Be ADA Accessible?

In order to ensure your website is ADA-compliant in relation to web accessibility, you must first understand the requirements of the ADA. However, this can be challenging. According to ADA.org, “The Department of Justice does not have a regulation setting out detailed standards, but the Department’s longstanding interpretation of the general nondiscrimination and effective communication provisions applies to web accessibility.” Because there are no specific standards published in the ADA, it is necessary to use your best judgment when addressing web accessibility. 

The DOJ suggests using existing technical standards to properly address web accessibility and meet ADA requirements. This includes the Web Content Accessibility Guidelines (WCAG) and the Section 508 Standards. In fact, in order to follow ADA, WCAG, and Section 508 accessibility standards, the U.S. federal government uses these technical guidelines. Because there are no specific guidelines presented in the ADA, there is a level of flexibility in regard to compliance. However, following the best technical guidelines and creating websites that are as accessible as possible are the best practices for developers. It is also important to remember there could be legal and financial consequences if compliance with the ADA is not met. 

How ADA Compliance Affects Web Designers

ADA compliance has a profound effect on web designers and developers. This is because the Americans with Disabilities Act must be considered during the creation of all websites and all website content. Due to the potential legal implications of failing to comply, developers and designers must prioritize web accessibility for every design. However, being required to address web accessibility for every design should not be viewed in a negative light. 

Creating accessible designs and content provides an overall better online environment for all users. Not only will ADA compliance offer an accessible space for users with disabilities and impairments, but it will also improve satisfaction for every user. It is also important to note that ADA compliance will not necessarily put a restraint on creative freedom. Instead, it challenges developers to create appealing content for every user. For example, many success criteria for compliance involve adjusting backend site elements rather than simple aesthetic changes. ADA compliance challenges web designers to create better content and provide a more accessible environment. 

How ADA Compliance Affects Small Businesses

Title III of the Americans with Disabilities Act applies to every business open to the public, regardless of size. For this reason, small businesses must legally comply with the ADA. The requirement to be ADA compliant obviously has a few effects on small businesses throughout the U.S. It is important to first consider the financial implications of a potential ADA violation for a small business. A business violating ADA compliance can receive fines of up to $55,000 for the first violation and up to $110,000 for every additional violation. This type of financial consequence can be absolutely crippling for any small business or even lead to a business failing. For this reason, small businesses must be especially careful in regard to ADA compliance. When designing a website or when hiring a developer to create a website for your small business, it is essential to ensure ADA compliance is a priority. Failure to comply properly could effectively end a small business due to the financial consequences of a violation.

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How To Determine If Your Website Is ADA Compliant?

There are several ways to determine if your website is ADA-compliant. One option is to have your website analyzed by a web accessibility evaluation tool. These tools are software programs and services that help determine if online content meets guidelines for accessibility. There are several free options across the web. Also, on W3C’s website, they have provided an extensive list of web accessibility evaluation tools. These are excellent options for website owners who are unfamiliar with the comprehensive accessibility guidelines. 

Another option you can consider is conducting a manual audit of the website yourself. This can be completed by referring to the Web Content Accessibility Guidelines, which include a comprehensive checklist for accessibility. WCAG is a universal standard for accessibility, so passing through this checklist is a great way to test for compliance. However, this may be challenging and time-consuming if you are unfamiliar with the guidelines.

How To Determine If Your Website Is ADA Compliant?

There are several ways to determine if your website is ADA-compliant. One option is to have your website analyzed by a web accessibility evaluation tool. These tools are software programs and services that help determine if online content meets guidelines for accessibility. There are several free options across the web. Also, on W3C’s website, they have provided an extensive list of web accessibility evaluation tools. These are excellent options for website owners who are unfamiliar with the comprehensive accessibility guidelines. 

Another option you can consider is conducting a manual audit of the website yourself. This can be completed by referring to the Web Content Accessibility Guidelines, which include a comprehensive checklist for accessibility. WCAG is a universal standard for accessibility, so passing through this checklist is a great way to test for compliance along with the ADA compliance checklist. However, this may be challenging and time-consuming if you are unfamiliar with the guidelines.

How to Make Your Website Accessible

Since public accommodation expands to websites, it is essential that you have an accessible website. This can take many types of forms, and you must consider the following aspects:

Content

All content should be accessible for people with disabilities including visual, hearing, motor, and cognitive disabilities.

Structure

Anyone using a screen reader or who has a visual impairment should be able to read your content with ease. The right headings matter to ensure ease of understanding.

Readability

Content should be easy to follow for those with cognitive disabilities. It should also be easy to scan. Short sentences, bulleted lists, summary sections, and bolded keywords all make this possible.

Link Text

Link text should be descriptive to inform anyone using screen readers that there is a link and where it will take them.

Design

An accessible design allows your website to be used by everyone. Your videos should have subtitles for those who require auxiliary aids. You can also use transcripts or audio descriptions. Images should have alt text to describe them for those with visual impairments.

Colors should also be considered since, without proper contrast, many users will not be able to read the text. The proper ratio set by guidelines for WCAG set the contrast at 4.5:1. The font you choose also matters, as a sans serif font will be easier to read. Set the size to at least 12 and refrain from using italics to emphasize.

Website Accessibility

Your website must be accessible to comply with the laws, but you also need to consider the four types of disabilities. Keyboard navigation is needed to assist those with visual and motor disabilities. Those people can’t use a mouse and often use screen readers. They should be able to tab through the buttons and menus to navigate your site. Labels may be the most important element to add accessibility online, especially when it comes to forms. They should be easy to use and keyboard accessible with clear instructions.

It may seem complicated to figure out how to update your website to be fully compliant with the ADA. When you use Accessibly’s widget, you won’t have to worry that you’ve missed an important element in following the core principles.

Accessibly’s Widget

Accessibly is the leading widget that helps with ADA and WCAG compliance. It is simple to use for any website or platform, allowing you to make your site readable for all. You’ll ensure inclusivity for everyone with enlarged content, adjustable colors, text to voice, and other smart features.

Our widget can be installed quickly, meaning you can be compliant and avoid incurring fines or lawsuits. Start your free trial today to see how easy it is to meet all the ADA requirements and include a larger market segment on your website!

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