One of the largest web accessibility measures in Colorado is the introduction of House Bill 21-1110 (HB 21-1110), an essential piece of legislation that ensures individuals with disabilities have equal access to all types of digital content.
This law requires that public and private organizations, such as local agencies and private organizations, maintain established website accessibility standards across digital assets and adhere to the Web Content Accessibility Guidelines (WCAG). These guidelines offer detailed instructions on making websites more accessible, covering everything from providing larger cursors to offering color contrast options.
Keep reading to learn more about Colorado HB 21-1110 and its impact on website accessibility compliance, including its benefits, legal consequences of non-compliance, and tips and recommendations on how to make your website accessible.
The Impact of Accessible Websites on User Experience and the Benefits for Businesses
Creating more web-accessible websites allows individuals with disabilities to better interact with web pages or mobile apps, particularly those accessed by screen readers and other assistive technologies, thus making finding information easier.
Here are three benefits web accessibility offers businesses:
New Customers
Nothing shows success like an expanded customer base. With close to 15% of Americans having partial disabilities, ADA compliance in Colorado helps tap into a potential goldmine, introducing many more people to your product and service line. For example, a business that helps screen readers by using alternative text and proper semantic HTML can make it easier for customers to purchase directly on their website.
Boost your UI
Accessible websites improve user experience. Meeting WCAG guidelines makes your content pop with distinctive fonts and other helpful features, allowing individuals with cognitive, visual, and auditory disabilities to consume information.
Legal Compliance
Web-accessible websites could also help you avoid future litigation. For example, the Americans with Disabilities Act (ADA) can enforce civil penalties and compensatory damages, favoring plaintiffs. This could include punitive and statutory damages. Plus, businesses may be financially incentivized to comply legally, as inaccessibility could exclude participation in bidding on government contracts.
Detailed Information on the Key Provisions and Requirements of HB 21-1110
One of the most important pieces of web accessibility legislation recently passed is House Bill 21-1110 (HB 21-1110). This anti-discrimination act mandates that all digital resources in Colorado meet ADA compliance and accessibility standards.
The basis for this Act is the Americans with Disabilities Act, a federal civil rights law that prohibits discrimination when accessing goods and services. It includes Section 508, which governs electronic and information technology accessibility by federal agencies. Colorado’s state and federal government authorities must adhere to strict requirements to continue receiving funding and providing services.
Unlike the Federal Section 508 and ADA Title II legislation, HB21-1110 is specific to Colorado, delineating the scope of digital content, enforcement mechanisms, issuing penalties, and explaining ongoing support initiatives by the Colorado Office of Information Technology (OIT).
What is the Colorado Office of Information Technology (OIT)?
Colorado’s Office of Information Technology plays a crucial role in promoting web accessibility standards to the general public. It advocates for WCAG 2.1 AA guidelines, which agencies, businesses, and organizations use. Additionally, the OIT collaborates with state agencies to promote web accessibility for individuals with disabilities.
The areas OIT focuses on include ongoing maintenance of Colorado’s infrastructure, maintaining government software applications, enforcing government policy, and delivering fresh websites and mobile apps to various government , state agency, and local public entities.
For more information on OIT, visit the Colorado – Governor’s Office of Information Technology website.
A Word on the Americans with Disabilities Act (ADA)
Understanding Colorado HB 21-110 compliance and accessibility standards requires familiarity with the Americans with Disabilities Act (ADA). This federal legislation comprises two titles: Title II, which mandates equal access to all services for state and local governments, and Title III, which focuses on public accommodations, including access for individuals with disabilities. Some interpretations also extend ADA requirements to digital content accessibility.
Potential Legal Consequences of Non-Compliance with HB 21-1110
Non-compliance with HB 21-1110 carries severe consequences, including but not limited to the following:
Statutory Penalties
Non-compliance with accessibility law can lead to fines worth several thousand dollars, depending on the type and number of violations. Businesses should expect fines based on violation types, with Colorado authorities having discretion to adjust fines based on the circumstances. Failure to pay by the due date can result in late penalties and other remedial actions. However, businesses willing to retrofit their websites to meet web accessibility standards may receive leniency as a reward for cooperation.
Regulatory Compliance
Failure to adhere to accessibility laws may prompt strict actions from legal and regulatory bodies. For instance, violating the Americans with Disabilities Act (ADA) can prompt advocacy groups to seek injunctive relief. Other enforcement actions may include court orders for immediate resolution, financial penalties, and negative publicity. Even a single instance of negative publicity can severely damage a business’s reputation, making it unwise to ignore ADA compliance.
Disqualification From Receiving Government Contracts
Non-compliance with the ADA can hinder businesses like information technology contractors from obtaining government funding or contracts. Entities receiving federal funding are subject to stringent regulations regarding discrimination against individuals with disabilities. For example, some businesses may need to comply with Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against individuals with disabilities receiving federal aid.
Tips and Recommendations for Businesses to Maintain Web Accessibility Compliance
To ensure ongoing web accessibility compliance, we highly recommend following these tips and recommendations:
Regular Accessibility Audits
Nowadays, numerous manual and automated accessibility testing tools, such as WAVE and Lighthouse, can scan your website and identify accessibility issues throughout your code. We also suggest involving a panel of individuals with varying disabilities to browse the website and provide feedback on its accessibility. Document all findings and categorize them based on severity to prioritize addressing bottleneck issues first, followed by less severe ones.
Stay Up-To-Date
The Web Content Accessibility Guidelines are continually updated with the latest practices regarding accessibility. Stay informed through presentations, online communities, and other avenues to remain connected with industry developments.
Use Widgets like Accessibly
The Accessibly ADA app is a leading web accessibility widget that enables you to enhance your website with accessibility-friendly tools. It allows users to choose from multiple color contrasts, toggle larger cursors, adjust screen brightness, and make other settings to improve their comfort. For example, one valuable feature is converting websites into grayscale, an ideal color setting for individuals with visual impairments.
Stay Invested
Investing in a web accessibility initiative not only ensures compliance but also enhances brand perception. Many top companies, such as Apple with AssistiveTouch, Microsoft with AI for Accessibility, and Google with the Impact Challenge, are renowned for their accessibility efforts. Bank of America, after a $6 million lawsuit in 2016, oversaw the implementation of accessibility improvements both physically and online, utilizing assistive technologies like screen readers.
In conclusion, there is no shortage of tips and recommendations for businesses to uphold ongoing web accessibility compliance.
