Website Accessibility: What You Should Know

Transcription

1 Website Accessibility: What You Should Know Rebecca E. Reif Ahlers & Cooney, P.C.

2 Please note that this presentation is intended for informational and educational purposes and to provide general statements from federal law, state law, and agency guidance. Federal and state law may differ on particularized areas and this outline does not include all legal considerations. Each situation varies based on the individualized facts and the law is constantly evolving. Please consult with your attorney for specific legal information, advice, or individualized inquiries. 2

3 Title II of the ADA o o The Law Prohibition on discrimination: No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity Requirement to make modifications: Public entities must make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity Also: Section 504 of the Rehabilitation Act and Iowa Civil Rights Act 3

4 Access to programs, services, and activities by disabled persons UNLESS Fundamental Alteration/Undue Burden THEN Equally effective alternative access 4

5 The Law But websites? o Department of Justice in 1996: Covered entities that use the Internet for communications... must be prepared to offer those communications through accessible means. o Office of Civil Rights: There is an affirmative duty to develop a comprehensive policy in advance of any request for auxiliary aids or services, for Internet content o Circuit Split: Must be physical location? o *Case law Gil v. Winn-Dixie 5

6 Gil v. Winn-Dixie Bench Trial U.S. District Court for the Southern District of Florida, June 13, 2017 Facts o o Ruling: o o o Blind longtime customer of Winn-Dixie stores; groceries and prescriptions Unable to navigate website with screen reader software Plaintiff had standing to sue as customer; Title III of the ADA will cover websites as public accommodations when heavily integrated with store locations and acting as a gateway to the physical store location; Winn-Dixie could not show undue burden: $37,000 or $250,000? 6

7 Gil v. Winn-Dixie Relief Ordered: By no later than December 1, 2017, make the website accessible by individuals who use computers, laptops, tablets, and smartphones Adopt a website accessibility policy Publish a notice to regarding the policy on the website Annual website accessibility training to employees writing, developing, or posting content to website Automated accessibility tests every three months Attorneys fees Currently on appeal 7

8 The Law Unanswered Questions No technical standards under ADA regulations (notice of rulemaking) Tester liability? Parameters of Undue Burden/Fundamental Alteration 8

9 Potential Liability Private Litigation o Injunctive Relief o Monetary Damages (only if willful ) o Demand Letters Carlson Lynch Federal agency oversight o Department of Education Office of Civil Rights 9

10 Dept. of Ed - OCR Nationwide OCR Complaints A single complainant is filing complaints based on personal research and web tools; identity protected by OCR Hundreds of Complaints School Districts Standing? OCR pursues a broader scope Analysis: web tools 10

11 Dept. of Ed - OCR Voluntary Resolution Backlog Boilerplate Requirements: Published Notice; Designation of Auditor; Corrective Action Plan ; Policies and Procedures; Training Now: Short-term compliance; Trigger Agreements where appropriate Benefit: Avoid liability with private litigants, attorney s fees 11

12 Standards? W3C s Version 2.0 of the WCAG 2.0 Guidelines, Level AA or AAA o Implicitly endorsed by DOJ o Used by OCR as standard in VRAs o Court in Winn-Dixie recognized as generally accepted standard Section 508 of the Rehabilitation Act o Recent revision consistent with WCAG

13 Assessment Tools 1. WAVE tool by WebAIM* a. Color-coded icons b. Beware false positives 2. Tenon.io 3. WCAG s website lists available tools specific to standards and purpose 4. Manual Review *Free and used by OCR 13

14 Examples of Issues Multimedia Pre-recorded Video-Only or Audio-Only Content o Need to have equivalent information presented in another format Closed Captioning o Video and Media Content 14

15 Examples of Issues Visual Elements Color Contrast/Contrast Ratio Requirements o o Ensure contrast ratio sufficient for visually impaired Different standards for large text, incidental text, and logotypes Flashes/Timing 15

16 Examples of Issues Navigation *Tabbing Functionality o Want to be able to reach all portions of a website through tabbing o Keyboard focus indicator Keyboard Short-cuts: o Find search box? o Enlarge text? 16

17 Examples of Issues Readability for Screen Readers PDFs Headings, Labels, and Links descriptively describe content Alt Text Embedding text to explain contents of image for visually impaired o o Match the text in the image: ABC School District, not School District Logo Short and accurate 17

18 Examples of Issues Access to Information Timing of information; automatic scrolling Input Assistance Errors identified and described to the user in text Predictability How the website performs should be predictable No flashing graphics; seizure potential 18

19 Receiving a Complaint Identify: Private Litigant? o Local attorney? o What are they requesting? o Do not sign anything OCR? Always Recommended to Contact Legal Counsel 19

20 Action Steps No. 1 Website Notice Identify District Confirm compliance with applicable law Identify who to contact with questions about the website or access to any electronic information Access to grievance procedures and/or Coordinator **Generally do not want to admit or describe noncompliance** 20

21 Action Steps - Notice The Community School District complies with the Americans with Disabilities Act (ADA), Iowa Civil Rights Act (ICRA), and Section 504 of the Rehabilitation Act in ensuring people with disabilities have an opportunity equal to that of their nondisabled peers to participate in the district s programs, benefits, and services, including those delivered through electronic and information technology. For requests or inquiries regarding access to the district s webpage or another electronic resource, please contact. Information on how to reach the District s Section 504/Equity Coordinator and applicable grievance procedures are available [here]. 21

22 Action Steps No. 2 - Website and/or Electronic Resources Accessibility Policy Compliance with Applicable Law Identification of Technological Standards/Benchmarks, with leeway for updated technologies Scope Fundamental Alteration/Undue Burden Identify what this means and that key players understand role in implementation 22

23 Action Steps No. 3 - Website and/or Electronic Resources Accessibility Procedures Identify key players, positions, and responsibilities o Who is permitted to access or post online content? o Is there an authority who must oversee it? o Does anyone keep vendors accountable? Focus on: Newly added and modified content; Semi-frequent assessment of online content using diagnostic tools; Maintaining online presence for accessibility information and complaints 23

24 Action Steps No. 4 Compliance with WCAG 2.0, Level AA Use diagnostic tool to identity red flags Train staff or use outside web developer to provide updates or overhaul websites Run additional assessments and manually determine functionality 24

25 Action Steps No. 5 - Training Locate and identify training in website accessibility for key positions o Administrators o Communications Staff o Webmasters and developers o Equity specialists 25

26 Questions? Rebecca E. Reif Ahlers & Cooney, P.C. 26