In the digital age, accessibility is a necessity, not an afterthought. As businesses and services continue to conduct more and more business through online assets, ensuring that websites are accessible to any & all users, is imperative.

The Americans with Disabilities Act (ADA), originally focused on physical spaces, now extends to the digital world, requiring that online platforms be inclusive. The failure to make websites ADA-compliant is not just a legal risk—it reflects a deeper issue of inequity and exclusion.

There is a distinction between accessible to all and compliant for all.

Why ADA compliance matters for websites

Web accessibility refers to designing websites and digital tools so that people with disabilities can navigate and interact with them. This includes accommodating individuals with a range of disabilities, including visual, auditory, cognitive, and physical impairments. When websites are not designed with accessibility in mind, they effectively exclude millions of people. According to the World Health Organization, over a billion people worldwide live with some form of disability, representing a significant portion of the global population. Ignoring their needs is both an ethical and business misstep.

ADA compliance is about more than avoiding lawsuits. It’s about fostering an inclusive culture that values all customers. Businesses that make their websites accessible are not only demonstrating social responsibility, but they are also expanding their market reach. Accessible websites improve user experience for all, increasing customer satisfaction, brand loyalty, and ultimately, sales.

What is WCAG and what is its role?

While the ADA does not explicitly define digital accessibility, courts and legal experts rely heavily on the Web Content Accessibility Guidelines (WCAG) as the benchmark for determining whether a website is accessible. Developed by the World Wide Web Consortium (W3C), WCAG is a set of technical standards aimed at making digital content accessible to people with disabilities.

WCAG is organized around four core principles:

Perceivable: Information and user interface components must be presented in ways that users can perceive, regardless of their disabilities. This includes offering text alternatives for non-text content (like images) and providing captions for videos.
Operable: Users must be able to navigate and interact with a website. This means making all functionality accessible via a keyboard for those who cannot use a mouse and providing clear navigation options.
Understandable: Websites should be easy to understand, with clear instructions and consistent functionality. This includes using readable fonts and simplifying text where possible.
Robust: Content must be robust enough to be interpreted by a wide variety of assistive technologies, ensuring long-term accessibility.

These guidelines are categorized into three levels of conformance:

Level A: The most basic web accessibility features.

Level AA: Deals with the biggest and most common barriers for disabled users.

Level AAA: The highest standard for web accessibility.

Most businesses aim to meet Level AA standards, which cover essential accessibility features like contrast between text and background, text resizing options, and ensuring that all site functionality is accessible from a keyboard.

ADA Compliance as an ever-changing landscape

In recent years, lawsuits regarding website accessibility have increased dramatically, signaling growing awareness of the issue. According to a 2020 report, the number of ADA-related lawsuits tripled in just a few years, drawing attention to the legal obligations surrounding web accessibility.

Courts have increasingly ruled that websites must comply with WCAG to be considered accessible under the ADA. While WCAG itself is not a law, it has become the de facto standard that courts use to determine whether a website discriminates against individuals with disabilities. By failing to meet these guidelines, companies risk not only legal consequences but also damage to their reputation.

The challenges of compliance

Despite the clear need for compliance, many businesses struggle with implementing the necessary changes. This is especially true for smaller businesses that may lack the resources or technical expertise to redesign their websites. However, achieving accessibility doesn’t have to be overwhelming.

Making incremental changes, like adding ’alt text to images (so screen readers can describe them to visually impaired users), improving color contrast for readability, and using descriptive headings to organize content, can have a major impact. Automated tools and web accessibility consultants can also help identify areas where websites fall short of WCAG standards.

The ethics of WCAG Accessibility

Beyond legal compliance, there is an ethical imperative to make websites accessible. In a world that increasingly values diversity and inclusion, failing to address the digital divide is unacceptable. By prioritizing accessibility, businesses contribute to a more equitable society where everyone has equal access to information, products, and services.

In addition to fulfilling a moral obligation, companies that adhere to WCAG guidelines are better positioned to improve overall user experience. Features designed for accessibility, such as ‘text-to-speech tools, closed captions, and simplified navigation, often benefit all users, not just those with disabilities. Designing with accessibility in mind can lead to a more user-friendly website, fostering brand loyalty and satisfaction across a broader audience.

Accessibility to the future

Achieving website accessibility is not a one-time fix—it’s a continuous process. Businesses should take proactive steps by conducting regular audits to ensure ongoing compliance with WCAG standards. Engaging with users with disabilities and seeking feedback can provide valuable insights into how to improve accessibility.

ADA compliance for websites is more than just a legal requirement—it’s a responsibility that provides accessibility to the future. Following WCAG standards is essential to building an inclusive online world where no one is left behind. As we move further into the digital age, it’s imperative that businesses prioritize accessibility for all users. The time to act is now, and the future depends on our collective commitment to inclusivity.

IMPERATIVE DISCLAIMER  

The creator of this content is in no way representing himself as legal counsel or providing advice in terms of any law, statute, enforcement code, or matter of law. Nothing within this content should be construed as legal advice or of legal merit. Please engage legal counsel for any needs regarding a matter of law.

 

Nate Davidson | Appos Partners

Nate Davidson, Operating Partner & President of Appos Partners, a Marketing Advisory Firm with a focus on digital assets & tech stack compliance.

Davidson has been involved in the Hemp & Cannabis industry since 2017 when he founded his own brand of consumer products, Feel Brands, giving him expertise from seed to sale throughout the entire supply chain and compliance to be the first beta tester for Square to process credit cards. He is an expert in ADA/WCAG/W3C guidelines and is part of the Guidelines Review Panel for WCAG. His expertise allows him to assist in Guideline Remediation to conform with ADA standards.

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