Website Accessibility - ADA Guidelines and Compliance - Is Your Company Ready?

Transcription

1 Website Accessibility - ADA Guidelines and Compliance - Is Your Company Ready? ISACA Kettle Moraine Chapter Date or subtitle March 8,

2 Agenda Background on disability and accessibility legislation and how it applies to Web content How to respond to demand letters or lawsuits Operational, strategic, and legal considerations Web accessibility tools and resources 2

3 What Is Considered a Disability? Visual Blindness, low vision, color blindness Hearing Deafness and hard-of-hearing Motor Inability to use a mouse, slow response time, limited fine motor control Cognitive Learning disabilities, distractibility, inability to remember or focus on large amounts of information 3

4 Rehabilitation Act of 1973 Federal law passed in 1973 establishing that individuals with disabilities be given access to programs and activities funded by federal agencies and to federal employment. Section 503 Government contractors and those providing services or products to federal agencies. Section 504 Recipients of federal funding, including state agencies, nonprofits, and others. 4

5 Rehabilitation Act Amended in 1998 Section 508 Establishes requirements for electronic and information technology developed, maintained, procured, or used by the federal government. Requires federal electronic and information technology to be accessible to people with disabilities, including employees and members of the public. Will be replaced by WCAG 2.0 Level AA standards. 5

6 Americans with Disabilities Act of 1990 Federal law passed in 1990, and amended again in 2008, intended to remove barriers to employment, transportation, public services, communities, or telecommunications for individuals with disabilities. Title I Employment Title II Public Services Title III Public Accommodations Title IV Telecommunications Title V Miscellaneous 6

7 Title III Public Accommodations Prohibits discrimination on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation. Requires that places of public accommodation provide: Equal access to goods, benefits, and services. Auxiliary aids and services at no extra charge that ensure effective communication without undue burden or fundamental alteration. 7

8 Categories of Places of Public Accommodation 1) An inn, hotel, motel, or other place of lodging (with exceptions). 2) A restaurant, bar, or other establishment serving food or drink. 3) A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment. 4) An auditorium, convention center, lecture hall, or other place of public gathering. 5) A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment. 8

9 Categories of Places of Public Accommodation 6) A laundromat, dry cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment. 7) A terminal, depot, or other station used for specified public transportation. 8) A museum, library, gallery, or other place of public display or collection. 9

10 Categories of Places of Public Accommodation 9) A park, zoo, amusement park, or other place of recreation. 10) A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education. 11) A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment. 12) A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation. 10

11 Websites Under ADA Title III Web content was not covered in original or amended ADA legislation. Interpretation of place of public accommodation by federal courts varies: Includes businesses with online and physical presence Target, Hy-Vee, Home Depot, Bank of America Includes businesses with online-only presence Netflix, ebay, Amazon, Ally Bank 11

12 How Federal Courts See the Issue Online and physical presence: Third, Sixth, Ninth, and Eleventh Circuit Courts Online-only presence: First, Second, and Seventh Circuit Courts 12

13 Department of Justice DOJ issued the Advance Notice of Proposed Rulemaking in Formalized the DOJ s position that a website is within the scope of Title III of the ADA so long as it provides goods and services and falls within one of the twelve categories of places of public accommodations. In 2015 DOJ announced it would not introduce new regulations until Reducing Regulation and Controlling Regulatory Costs executive order may delay regulation further. 13

14 No Regulation, No Problem? Think Again. National Federation of the Blind (NFB) v. H&R Block. NFB sued alleging H&R Block failed to make its website accessible to individuals with vision, hearing and physical disabilities. DOJ intervened with consent decree in March 2014: H&R Block s website, tax filing utility and mobile apps to conform to WCAG 2.0 Level AA; Pay $45,000 to plaintiffs; Pay $55,000 civil penalty. 14

15 But Wait, There s More DOJ Consent Decree with H&R Block. Appoint a skilled web accessibility coordinator who will report to H&R Block s enterprise Chief Information Officer; Adopt a web accessibility policy; Initiate training on accessible design for its web content personnel; Evaluate employee and contractor performance based on successful web access programming; Conduct regular automated and user group testing; Hire an approved outside consultant to prepare annual independent evaluations of HRB s online accessibility. 15

16 Lawsuits by Industry in

17 World Wide Web Consortium (W3C) W3C Main international standards organization for the web. Formed in 1994 at the Massachusetts Institute of Technology (MIT) Laboratory for Computer Science. Support from European Commission and Defense Advanced Research Projects Agency (DARPA). Web Content Accessibility Guidelines (WCAG) WCAG first published in Superseded by WCAG 2.0 published in

18 WCAG 2.0 (P.O.U.R.) Principles Establish that web content should be: Perceivable - Available to the senses (vision and hearing primarily) either through the browser or through assistive technologies (e.g. screen readers, screen enlargers, etc.). Operable - Users can interact with all controls and interactive elements using either the mouse, keyboard, or an assistive device. Understandable - Content is clear and limits confusion and ambiguity. Robust - A wide range of technologies (including old and new user agents and assistive technologies) can access the content. 18

19 WCAG 2.0 Standard Levels A, AA, AAA Suggest impact on accessibility and compliance priority Level A (web content MUST incorporate) Impossible for one or more groups to access content Level AA (web content SHOULD incorporate) Difficult for some groups to access content Level AAA (web content MAY incorporate) Make it easier for some groups to access content WCAG 2.0 Level AA is the newly (as of Feb. 2017) adopted standard for federal agencies, and the standard that the DOJ is expected to adopt when regulation is enacted. 19

20 P.O.U.R. Principles PERCEIVABLE Provide text alternatives for any non-text content. Description/naming of website images, form buttons and input fields, frames, hyperlinks and hyperlinked objects. Provide alternatives for time-based media. Video captioning, descriptive text transcripts and audio recording. Create content that can be presented in different ways without losing information or structure. Navigation tab order, HTML markup (headings, lists). Make it easier for users to see and hear content including separating foreground from background. Color not used as only means to convey content, contrast, auto-play audio/video, large text. 20

21 P.O.U.R. Principles OPERABLE Make all functionality available from a keyboard. Provide users enough time to read and use content. Controls to pause content, extend time limits, scrolling content. Avoid design elements that could to cause seizures. Provide ways to help users navigate, find content, and determine where they are: Skipping navigation and other elements repeated on every page. Descriptive page titles, frames, links. Page element keyboard focus is visually noticeable. Multiple ways to navigate within site (table of contents, site map, site search). 21

22 P.O.U.R. Principles UNDERSTANDABLE Make text content readable and understandable. Identify languages used in page with HTML lang attribute. Make Web pages appear and operate in predictable ways: Pop-up windows, change in keyboard focus when user inputs information or interacts with a control. Navigation links follow the same order across pages. Elements that have same functionality across pages are clearly identified. 22

23 P.O.U.R. Principles ROBUST Maximize compatibility with current and future user agents, including assistive technologies: HTML markup is used in a way that facilitates accessibility. Allows user to modify contrast, enlarge text. Assistive Technologies Text to Speech, Screen readers, screen magnification, refreshable braille displays, mouse gestures. 23

24 ICBA Requests DOJ s Help and Clarification Independent Community Bankers of America (ICBA) National trade association for over 5,800 small to mid-size community banks, represents community banking industry interests through advocacy and education. In November 2016 ICBA sent a request letter to the DOJ: Stop unethical and harassing behavior by law firms, some of which actively seek plaintiffs. Confirm they plan to adopt WCAG as official guidance. 24

25 We DO NOT Do This! (But Yes, We Do ) Stop unethical and harassing behavior by law firms. DOJ stated that intervention in these matters is outside its authority, responsibility lies with State Bar or the judiciary system in which litigation is pending. Confirm they plan to adopt WCAG as official guidance. DOJ stated that it is yet to determine guidance, but it is likely to adopt WCAG. Also stated ADA requirements to provide accessible technology is an already-existing obligation and compliance is expected unless a business can prove an undue burden. 25

26 ICBA s Guidance on Demand Letters Do NOT ignore the letter. Seek legal counsel, check with other area businesses. Letter may encourage you to contact plaintiff s law firm immediately, have your legal counsel research the plaintiff, their law firm, litigation history and proceed from there. Demand letters are often sent in batches, you may be able to coordinate defense efforts. Conduct ADA compliance review of your website. Claims can be settled more easily or dismissed with a commitment to comply with ADA guidance. 26

27 ICBA s Guidance on Demand Letters (cont.) Check contracts with vendors to ensure they comply with ADA guidelines. Web designers, web hosts, e-commerce platform providers, others providing web-related content, products or services. Assess the claim and ask for additional information. Assess each claim with legal counsel and develop strategies to address them. Some may not be actual ADA violations. Evaluate the quality of the plaintiff s law firm response and decide on a course of action. Avoid engaging the plaintiff s law firm for ADA consulting services. 27

28 DO NOT WAIT FOR A DEMAND LETTER Review your website for compliance with WCAG 2.0 guidelines. Incorporate accessibility into the design of online content. Work with reputable vendors who understand your business but also understand web accessibility. Develop policies and procedures related to web accessibility. Review your insurance coverage. Understand impact on Operations, Sales, Marketing, Customer Service, Human Resources. 28

29 Resources World Wide Web Consortium (W3C) W3C WCAG WebAIM education, certifications, tools WebAIM WCAG 2.0 checklist 29

30 Online Tools WAVE by WebAIM AChecker Additional tools available at:

31 Online Tools - WAVE 31

32 Online Tools - WAVE 32

33 Online Tools - WAVE Icon index ties to description of the issue and applicable guidelines. Outline lists issues from top to bottom, and directs you to where in the page the issue occurs. 33

34 Online Tools - AChecker 34

35 Online Tools - AChecker Report can be exported to PDF, CSV, HTML Evaluate a webpage by entering URL or uploading HTML file 35

36 Accessibility Services Vendors Audioeye - audioeye.com BankSITE Services - banksitesevices.com Banno - banno.com COMPLYFirst - odellus.com Kasasa - kasasa.com ProfitStars - profitstars.com Siteimprove - siteimprove.com WSI - poweredbywsi.com 36

37 Questions 37

38 Contact Information Pedro Pinto Specialist, IT Examinations Wipfli LLP

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