The American Disabilities Act was developed in 1990. This act was meant to ensure that people with disabilities do not face discrimination in the workplace, along with allowing them the same opportunities as other individuals in any official or social setting.
Speaking in terms of website compliance, the adopted law states that websites must be accessible for those with disabilities. If someone has a hearing or sight deficiency, or any physical incapabilities, they must be able to access and understand the information on any given site.
This is incredibly important because websites are now crucial components for almost every business, and if the mentally or physically impaired cannot gain access to online information, their opportunities are greatly narrowed which defies the act of 1990.
Many federal courts have ruled that websites are just virtual stores, or "places" of business. So just like many businesses are required to install handicapped ramps and parking spots, similarly, they are also expected to make provisions for the disabled on their websites.
When trying to create a website that is ADA compliant, it is imperative to recognize and identify problems that may appear during the process. More importantly, one should know how to solve them. Without ADA compliance, websites can run the risk of being brought to court for not complying with the disability act. This is a growing issue for companies who do not have ADA compliant websites and it's something that companies need to keep an eye on.
In the past, there have been many cases where visually or physically impaired individuals have brought certain businesses to court for not having a disability-friendly website. One of those court cases occurred in August of 2017 when a visually-impaired individual claimed that Blick Art Supplies in New York was discriminatory by not being ADA compliant. Along with Blick, other major companies like Estee Lauder, Bed Bath & Beyond and several others have been sued for the same reason.
Instead of putting an effort into allowing all people, those with disabilities and those without to access information online, many companies like Blick, Estee Lauder and Bed Bath and Beyond chose to ignore it. That decision proved to hurt them in the end.
There are certain guidelines (web content accessibility guidelines) that businesses need to follow. Companies are subject to $75,000 for the first time offense. According to Digital Authority Partners, lawsuits have risen to 8% since 2016, with hundreds of lawsuits against companies with a lack of ADA compliance sites.
With that in mind, there are ways to avoid those issues and identify problems before they become damaging. Over time, there have been some basic elements that sites need to consist of to be considered ADA compliant. Those include operability of the website, and clarity of content so it is understandable to all.
Pay attention to how perceivable the content on the site is. For the visually impaired, there must be ways for them to perceive the content that is in front of them. This includes having the ability to change font sizes when reading, containing an option for auditory elements, and having a simpler layout.
Identifying this problem of not having a perceivable site for the 25 million-plus visually impaired people in the USA can save a lot of further issues from unraveling. These fixes are easy ones and come on, it's just the right thing to do.
Simply create more flexibility on the site for those with bad, or no eyesight. Those fixes include enlarging font sizes, having a speech assistive function and providing a contact number to call for more information (you would be surprised how many companies do not provide contact numbers).
Interestingly, the wine and beverage industries are facing several lawsuits against them for not complying with guidelines. According to Forbes, companies must also pay attention to the colors that appear on their sites. They said, "Hard-to-see colors and fonts can discriminate against people with visual impairments"
Recognize if your site is not perceivable to all, and solve it by adding all of the elements mentioned above.
Check if the site is easily operable. To ensure that the site is easily operable for everyone, it should have a simple layout that's easy for users to navigate. The layout should be easily navigable by using both a mouse and keyboard-only commands, allowing those with physical incapabilities to browse the site as well.
Recently, Greyhound, an intercity bus service ran into deep trouble regarding their indifference to disabled individuals. Since 2016, Greyhound has paid over $3 million to disabled individuals who filed lawsuits against them for not being ADA compliant.
Aside from not having proper arrangements for handicap passengers to board the bus and get off, they also ran into website compliance issues. In the United States Department of Justice, they released this verdict, stating that the Greyhound website would not allow customers in wheelchairs to complete online reservations.
Not only is that far from operable for handicap customers, but it is also outright discriminatory.
To avoid running into website compliance issues, make sure it is operable for all individuals by incorporating keyboard-only commands and a simple format. Determine whether the website is easily understandable. Those who have mental disabilities should be able to read and understand all of the content that is released onto the site.
To do this, there are ways to add word definitions to make the phrases easier to understand. If possible, use a smaller vocabulary set so that all individuals can understand and use the information. Additionally, businesses should add alt tags for all images, videos and audio files.
On Business News Daily, they explain alt tags in the following manner: "Alt tags allow users with disabilities to read or hear alternative descriptions of content they might not otherwise be able to view. Alt tags describe the object itself and, generally, the purpose it serves on the site." According to this definition, all sites must have digital voice assistants.
Often, companies think that ADA compliance does not apply to them or their sites, so they merely write it off. However, soon they are seen to be sadly mistaken like Greyhound, Blick Art Supplies and so many others.
Interestingly, as stated above, the wine and alcohol industries are being targeted for non-compliance within the last year. 26 wineries in New York are currently being sued for not being compatible with screen-reading software. Another industry that did not pay enough attention to how ADA compliant their websites were in the healthcare industry.
According to Healthcare Weekly, ADA compliance for healthcare websites is highly important because healthcare is highly important to Americans with disabilities. According to Healthcare Weekly, 21% of the 5,000 ADA lawsuits filed in U.S. federal courts in the first half of 2018 were targeted toward government agencies, big corporations, and healthcare businesses.
No matter what field one goes into, not complying with web content accessibility guidelines can leave a company moneyless and depleted. If a site does not allow the opportunity for everyone to understand their content, they are placing a clear obstacle in the way of those who do not have the same abilities as most.
Complying with the American Disabilities Act of 1990, one that has now gone beyond physical places and into technology is crucial for all companies. If you are not complying, you risk losing funding and assistance from local and federal government agencies, customers with disabilities and a whole lot of money.
As seen above, there are clear ways to identify and resolve problems if your website is not ADA compliant yet. Do it while you still can.
