What Does ADA Compliant Mean For Your Website? | Compliant

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Web accessibility is an important concern in our day since much of commerce, communication, and the gathering of information is done in the digital environment.

In essence, an accessible design seeks to create equal opportunities for accessing web content for those with disabilities. Communication and information technology are for everyone.

In order to achieve the goal of equity in the digital environment and in all places of public accommodation, the government drafted federal civil rights laws. The Americans with Disabilities Act is one of them.

What Is the ADA?

The Americans with Disabilities Act (ADA) is a civil rights law that was enacted in 1990. This civil rights act prohibits discrimination against individuals and employees with disabilities within all spheres of public life.

The ADA has a large scope that includes both federal and local governments, schools, transportation, and areas of employment. Also, the legislation includes all private and public entities and areas that are open to the general public.

The ADA guarantees equal opportunity for individuals with disabilities when it comes to employment, government services, transportation, and telecommunication.

The law was amended in 2008, dubbed the ADA Amendments Act (ADAAA). Its purpose was really one of semantics. The amendments sought to update, strengthen, and expand the language within the law, namely, the term “disability.”

Regarding the law itself, “disability” is a legal term rather than a medical term. However, to be protected under the law, individuals must meet the requirements of physical or mental impairment and show how these limit major life activities.

Although the scope of ADA is far-reaching, there are exemptions. These apply to religious organizations, private clubs, historic buildings, and non-occupant areas. Some of these general exemptions are outlined in Section 203.

What Are the Four Requirements of the ADA?

ADA compliance extends everywhere from federal and local government agencies to private employers, basically all areas that operate for the benefit of the public. In order to be ADA compliant, these entities must conform to the disabilities act standards.

These standards are divided into five sections or titles that relate to all the different areas of public life. The ADA titles are meant to specify reasonable modifications to practices, procedures, and policies within each of the spheres of public life.

Let’s take a look at the four most important requirements of the ADA, Titles I, II, III, and IV.

Title I

Title I of the ADA deals largely with employment, specifically equal employment opportunities for those with disabilities in the workplace. This provision applies to federal, state, and local government agencies, employment agencies, labor unions, and private employers. But, the employer must have 15 employees or more.

Title I ensures that individuals with disabilities cannot be discriminated against while applying for jobs, during the hiring or firing process, or in job training. Employers must provide reasonable accommodations (i.e., doesn’t cause an employer undue hardship) to these employees within the work environment. Title I is enforced by the U.S. Equal Employment Opportunity Commission.

Title II

Title II addresses discrimination based on disability as they relate to state and local government activities and services. Basically, it requires these public entities to make their services and programs accessible to those with disabilities.

This title has a significant impact on all public transit systems that receive federal funding. For example, it establishes standards for the operation of commuter and intercity railway systems, such as AMTRAK. Also, it outlines requirements for self-evaluation and planning of these entities to avoid discrimination against those with various disabilities (hearing, vision, etc.

It is enforced and regulated by the U.S. Department of Justice.

Title III

Title III of the ADA deals with public accommodations. Public accommodations include both privately-owned, leased, or operated businesses. Examples would include restaurants, movie theaters, retail merchants, hotels, and more.

In effect, ADA Title III prohibits these places from discriminating against those with disabilities. These entities must make reasonable accommodations to comply with the standards, this even includes new construction of buildings and alterations or renovations to existing ones.  

Title III is enforced and regulated by the U.S. Department of Justice. Failure to comply with this title is seen in the courts more than the others and is responsible for the majority of lawsuits relating to ADA violations.

Title IV

Title IV of the ADA addresses the requirements for telecommunications, such as telephone or internet companies. These entities are required to provide a nationwide relay service system for those with disabilities to ensure effective communication.

An example of this would be closed captioning for the hearing impaired or auxiliary aids during federally-funded public service announcements. It is regulated by the Federal Communication Commission.

How Does the APA Apply to Websites?

So, how does the ADA factor in when it comes to websites and digital content? Well, the language for website accessibility is not clearly spelled out in any of the titles. Of course, web accessibility was not on many people’s minds in the early 1990s.

Part of the answer to the question of how the ADA applies to websites can be found under Title III. As mentioned, Title III deals with entities that operate as public accommodations (areas open to the public). Again, the language does use the words web accessibility.

However, a ruling by the U.S. Court of Appeals for the 11th Circuit made it clear that a website that provides information about the goods, services, or advantages of a place of public accommodation is a service that uses the place of public accommodation.

In effect, this case law dictates that informational websites are subject to the provisions of the ADA. Just as wheelchairs need ramps, the digital environment needs ramps of its own to accommodate those with disabilities.

What Are the Best Practices for Website ADA Compliance?

Best practices for ADA compliance with your website can be found in the Web Content Accessibility Guidelines (WCAG), created by the Web Accessibility Initiative of the World Wide Web Consortium (W3C). The web accessibility standards and regulations for websites are outlined in the most recent addition, WCAG 2.1.

These accessibility guidelines seek to promote equal access by removing barriers in the digital environment for those with disabilities. They are built on four principles: The digital content must be perceivable, operable, understandable, and robust.

Also, the WCAG provides three compliance levels of success criteria to ensure accessible content design:

• Level A – Minimal compliance prohibits elements that would make a website inaccessible.
• Level AA – Standard compliance, the website is usable and understandable for most people.
• Level AAA – Optimal compliance, the gold standard of accessibility, but difficult to achieve.

Use Alt Text

One way to ensure website accessibility is by using alt texts. That means all non-text images, icons, and buttons have alt texts to help explain the content and context of elements. A person with a visual impairment may rely on screen readers to read the content of the website. Alt texts ensure they are not missing out on relevant content.

Create Video Transcripts

Also, you should make sure you utilize written transcripts or audio descriptions for video or audio files. This ensures that those who are hearing impaired have access to the content. Also, you could provide captions for videos.

Support Easy Keyboard Navigation

Your site navigation features should be easy to use as well; this falls under the category of the website being “understandable” and “operable” for all. Some people with disabilities use keyboards rather than a mouse to navigate menus and content. Making sure your website is optimized and keyboard compatible is important.

Be Careful with Colors

Color choice for your design is important, too, especially for those who may have visual impairments, such as color blindness. Choosing an accessible color palette is key. Also, be sure to familiarize yourself with the accessible contrast ratio recommendations outlined in the WCAG.

Audit Your Site

Website accessibility compliance is important to ensure everyone gets a fair shot at enjoying your content. A website audit can help you determine the strengths and weaknesses of your site when it comes to accessibility. Thankfully, W3C does provide some helpful tips and procedures to get you started on your accessibility audit.

Conclusion

The ADA helps ensure that individuals with disabilities get equal access in the public square. This includes equal access in the digital environment.

The standards for ADA compliance, as it relates to web accessibility, are outlined in the WCAG and provide best practices to help you reach the goal of accessibility.

User experience is important, but ensuring that experience is available to all users is paramount.