ADA: WEBSITE ACCESSIBILITY

Transcription

1 ADA: WEBSITE ACCESSIBILITY BY DIMITRIS ROUSSEAS, DEPUTY GENERAL COUNSEL KNOWLEDGE. CLARITY. RELIABILITY. (888)

2 AMERICANS WITH DISABILITIES ACT: AN OVERVIEW 1990, George Bush Sr. signs the Americans with Disability Act which prohibits discrimination on the basis of disability. Title II: Applies to State and local government facilities. Title III: Applies to places of public accommodations.

3 ADA RULEMAKING HISTORY 1991: DOJ issues first rules on Title II and Title II (28 CFR 35) 2003: Proposed rule on Accessibility of State and Local Government Web Sites to People with Disabilities 2004: Proposed rule to update 1991 regulation for architectural barriers 2010: Final rule for new ADA standards Included both structural and communicative standards for ATM machines No direct mention of web standards

4 ADA RULEMAKING HISTORY 2010: Proposed rule titled Nondiscrimination on the Basis of Disability Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations 2015: DOJ decides to separate out the Title II and Title III rules 2016: Proposed Nondiscrimination on the Basis of Disability Accessibility of Web Information and Services of State and Local Government Entities 2018: Expected rule for Title III entities

5 PURPOSE OF THE ADA (1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; (2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities; (3) to ensure that the Federal Government plays a central role in enforcing the standards established in this Act on behalf of individuals with disabilities; and (4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.

6 ADA: ATM ACCESSIBILITY July 23, 2010: DOJ publishes rule regarding ADA standards for Accessible Design Includes standards for ATM machines Compliance Date: March 15, years to comply with the new ADA standards for structural and communicative features

7 ADA: ATM ACCESSIBILITY Compliance Standards Speech output Directions in braille Headphone jakes for private audio (don t want other people hearing their bank account info) Reach ranges Height Input Controls Display functionality Access

8 PENALTIES DOJ Fines Private right of action Compensatory damages Attorney fees

9 CLASS ACTION Began in early 2013 Drive-by lawsuits targeting community banks Hundreds of banks hit with demand letters Many settled, few banks tried to fight

10 WEBSITE ACCESSIBILITY 2010: DOJ issues Proposed Rule (75 FR 43460) Proposed Level AA WCAG 2.0 standard for websites 2015, backs off proposal for Title III entities and only requires it for Title II 2016: Surf-by Lawsuits begin Claiming WCAG 2.0 rules should apply, and courts should enforce it Unanswered Questions: Is the internet subject to the ADA? What standards? Should the internet be subject to the ADA?

11 WEB CONTENT ACCESSIBILITY GUIDELINES May 1999: WCAG 1.0 published 14 Guidelines with three priority levels Level 1: Standards websites must satisfy Level II: Standards websites should satisfy Level III: Standards websites may satisfy December 2008: WCAG 2.0 published 12 Guidelines under 4 principles: perceivable, operable, understandable and robust Level 1, II and III changed to Level A, AA, and AAA.

12 PRINCIPLE #1: PERCEIVABLE 1.1 Text Alternative Level A: All non-text presented must have a text alternative No level AA or AAA

13 PRINCIPLE #1: PERCEIVABLE Time-based Media Level A: Audio-only and Video-only (prerecorded) are presented in an alternative way. For example, audio recording has captions or a video recording has an audio track that presents equivalent information for video-only content Captions (prerecorded) are provided for all prerecorded audio content in synchronized media Audio descriptions or media alternative description of the prerecorded video content is provided Level AA: Captions (Live) are provided for all live audio in synchronized media Audio description is provided for all prerecorded video content in synchronized media Level AAA: Sign language interpretation Extended audio description Media alternative for all prerecorded synchronized media and for a all prerecorded video-only media Audio-only (live) alternative that presents the information in an alternative format

14 PRINCIPLE #1: PERCEIVABLE 1.3 Adaptable Level A: Information, structure and relationships conveyed through presentation can be programically determined or available in text If a sequence of content affects its meaning, a correct reading sequence can be programmatically determined Instructions for understanding and operating content does not rely on sensory characteristics (i.e. shape, size, visual location, orientation or size) No Level AA or AAA

15 PRINCIPLE #1: PERCEIVABLE 41.4 Distinguishable Level A: Color is not used as the only visual means of conveying information If audio automatically plays for more than 3 seconds, there is a mechanism to pause/stop or control volume independently of the overall system volume Level AA: Text and images of a contrast ratio of at least 4.5:1 (some exceptions) Text can be resized up to 200% without assistive technology or loss of functionality Generally, text should be used rather than images of text Level AAA: Enhanced contrast ration of 7:1 Low or no background audio Enhanced visual presentation such as allowing selection of foreground and background colors, no justification of text, and resizing text without having to scroll horizontally Images are only used for pure decoration

16 PRINCIPLE #2: OPERABLE 2.1 Keyboard Accessible Level A: All functionality is accessible through the keyboard without specific timings for individual keystrokes except when the underlying function requires input that depends on the path of the user s movement, and not just endpoints No keyboard traps Level AAA: ALL functionality is operable through the keyboard without specific timings for individual keystrokes

17 PRINCIPLE #2: OPERABLE 2.2 Enough Time Level A: If there is a time limit set by the content, the user can either turn it off, adjust, extend unless it is a real time event or essential to the activity Can pause, stop or hide any scrolling or moving content that starts automatically, last more than 5 seconds and is presented in parallel with other content Level AAA Timing is not an essential party of an event or activity Interruptions can be postponed or suspended No loss of data if session expires and user re-authenticates

18 PRINCIPLE #2: OPERABLE 2.3 Seizures Level A: Nothing that flashes more than three times in any one second or it is below the general flash and red flash thresholds Level AAA No flashing more than three times in any one second

19 PRINCIPLE #2: OPERABLE 2.4 Navigable Level A: Mechanism to bypass blocks of content that are repeated on multiple web pages Web pages are properly titled Web pages can be navigated sequentially Purpose of each link can be determined from the text of the link or text together with its programmatically determined link context Level AA: Multiple ways to locate a web page within a set of web pages Headings and labels describe topic or purpose Visible keyboard focus indicator Leve AAA Information about user s location in web pages is available Purpose if each link can be identified from text alone Section headings are used to organize content

20 PRINCIPLE #3: UNDERSTANDABLE 3.1 Readable Level A: Default human language of each web page can be programmatically determined Level AA: Except for proper names and technical terms, the language of each passage or phrase can be programmatically determined Level AAA: Mechanism to define unusual words or phrases Expanded definition of abbreviations is available Supplemental content if the text is more advanced than a secondary education level Mechanism available for identifying specific pronunciation of words where the meaning of words is ambiguous without knowing the correct pronunciation

21 PRINCIPLE #3: UNDERSTANDABLE 3.2 Predictable Level A: When any component receives focus, it does not change the context Changing interface does not automatically change context unless notified beforehand Level AA: Consistent navigation Consistent identification Level AAA Change on request, users can turn off changes of context

22 PRINCIPLE #3: UNDERSTANDABLE 3.3 Input Assistance Level A: Error identification Labels or instructions when content required input Level AA; If error is detected, a suggestion for correction if know is provided to the user Error prevention: data entry that cause legal commitments or financial transactions for the user are either reversible, checked or confirmed Level AAA Context-sensitive help is available All data entry is either reversible, checked or confirmed

23 PRINCIPLE #4: ROBUST 4.1 Compatible Level A: Parsing Name, role, and value can be programmatically determined Programmatically Determined basically means it s in the HTML markup or code. (WCAG has an index of appropriate words to use)

24 WCAG 2.0 Remember, this is not a law or a regulation. But, case law What do courts say about ADA applicability to websites and the internet? What are the standards? What should banks do?

25 EARLL V. EBAY & CULLEN V. NETFLIX 9th Circuit Case. Suit filed against Ebay and Netflix over website accessibility. Ebay and Netflix do not have a physical place of public accommodation 9 th Circuit denies plaintiff s claim: We have previously interpreted the statutory term place of public accommodation to require some connection between the good or service complained of and an actual physical place. See Weyer v. Twentieth Century Fox Film Corp., 198 F.3d 1104, 1114 (9th Cir. 2000). Because Netflix s services are not connected to any actual, physical place[], Netflix is not subject to the ADA.

26 NAT'L ASS'N OF THE DEAF V. NETFLIX District Court of Massachusetts opinion Broad scope of the ADA applies even if the business is internet only Under the Carparts decision, the Watch Instantly web site is a place of public accommodation and Defendant may not discriminate in the provision of the services of that public accommodation streaming video even if those services are accessed exclusively in the home.

27 DOJ CONSENT AGREEMENTS Law School Admissions Counsel (April 2011) Provide full access by complying with WCAG 2.0 AA Price is Right (Sep. 2011) Make website accessible to disabled; develop a policy and plan for website accessibility. HRB Digital LLC (March 2014) Comply with WCAG 2.0 AA for website edex, Inc. (April 2015) Comply with WCAG 2.0 AA for website and mobile app.

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