Digital Accessibility

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2 Digital Accessibility Is the inclusive practice of removing barriers that prevent interaction with websites & apps for people with disabilities. When digital content is correctly designed and coded, it offers disabled individuals equal access to information & functionality.

3 Digital Accessibility Then Now

4 Assistive Technologies

5 For most people, technology makes things easier.

6 For people with disabilities, technology makes things possible. - Mary Pat Radabaugh, IBM National Support Center for Persons with Disabilities

7 People With Disabilities 1 in 5 Americans million people 1 With annual disposable income > $544 B 2 Wide range of disabilities across four categories People move in and out of disabled status vision physical cognitive auditory 1 US Census Bureau 2 The Global Economics of Disability - Fifth Quadrant Analytics

8 Business Case for Accessibility Social Responsibility Equitable Access helps close the digital divide Financial 10:1 savings if done with new site builds If targeted, cost of legal activity plus the accessibility project Legal Banking, medical, e-commerce businesses highly targeted Education & government sites are already suppose to comply Maximizing Profits Largest possible customer base

9 The Need for Website Accessibility Inaccessible websites exclude many people Digital Accessibility is being required Plaintiff law firms are incredibly active General public is demanding equitable access Initiative requires a comprehensive plan There is a target deadline: fiscal year 2018

10 A360 Action Steps Audit desktop & mobile sites first then apps Audit.pdf documents Check HR portal for compliance Train internal staff & document a11y project Get legal advice if targeted Work with vendors Monitor as with other compliance

11 How We Help Community Banks Served a Demand Letter or Sued Accessibility Audit by a Live-User Road Map for Accessibility Process Work with your legal team to support litigation Proactive Approach Make 2017 the year to do this Reduce risk of being targeted

12 The Law The Americans with Disabilities Act (ADA) 1 and The Rehabilitation Act of 1973 (Sections 504 & 508) 2 Many international laws also address accessibility Many states have laws that address website accessibility 1http://webaim.org/articles/laws/usa/ada 2

13 The Law Continued The Rehabilitation Act of 1973 Section 504 Compliance Federal law protects the rights of individuals with disabilities in programs and activities that receive Federal financial assistance Section 508 Compliance Requires Federal agencies to make their electronic & information technology (EIT) accessible to people with disabilities

14 What Does the Law Require? Americans with Disabilities Act of 1990 ADA Title I, Employment ADA Title II, Public entities (federal, state and local government and public education) ADA Title III, Public Accommodations (stores, banks, theaters, libraries, bars, restaurants, etc.)

15 Cullen v. Netflix No in the 9 th Cir. unpublished, 2015 Contrast: National Association of the Deaf v. Netflix, 869 F. Supp.2d 196 (D. Mass. 2012)

16 Pending Certiorari Petition Question presented Whether Title III of the ADA applies only to physical spaces that people can enter. Magee v. Coca-Cola Refreshments USA, Inc. 833 F.3d 530 (5th Cir. 2016)

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18 Targets for Legal Activity Hundreds of Website ADA Lawsuits Thousands of demand letters Targets are both large & small Banking has been hit hard

19 Department of Justice Settlements Common elements of Engage independent accessibility consultant for audit Websites and apps meet WCAG2.0AA Designate Accessibility Coordinator Publish Accessibility Policy Solicit feedback & Improve telephone support Post a logo Training & continue to monitor Require vendors to comply with guidelines

20 What We Do at A360 Live-user Accessibility Audits or Assessments of websites to ensure they can be used by disabled individuals who access the internet with assistive technologies like screen readers The established guideline in accessibility audit work is the Website Content Accessibility Guidelines, (WCAG 2.0 AA) Post Audit, we Support Remediation, provide Training and Accessibility QA, a recheck audit, to ensure compliance We then continuously Monitor digital properties, collaborating on new builds and testing new elements with you before they go live

21 ICBM Bundled Accessibility Services Website Live User Assessment & Remediation Report: WCAG 2.0 AA guidelines Detailed, specific issues and recommended solutions 10 URLS or: Full Site Audit A360 Under Review Badging Proactive Package & Legal Response Plan Included Quality Assurance (QA) Live user retest of the remediated URLs Included 3 Months FREE MONITORING* Included 3 Year Price Lock for monitoring Guaranteed Q2 or Q3 Timing Your Schedule

22 New Accessible Site During design Plan to create an accessible experience Accessible site architecture & Accessible frameworks HTML5 best practices for accessibility Cascading Style Sheets (CSS) allow you to separate content from presentation. Provides more flexibility and accessibility of content WCAG2.0 compliant websites are more robust and They provide better search engine optimization During development Make accessibility part of all development processes Lower development costs when done congruently with new website builds Rapid cadence to stay on track and in compliance

23 Proactive Action Items ~ Reduce Risk Audit websites & mobile website (then apps) Display A360 Under Review Logo Improved website (& preserve evidence) Accessibility Statement (external posted on site) Accessibility Policy and Plan (internal) HR portals & Vendor contracts Assess the remediation (re-check it) Monitor (this is not a one time event)

24 If Targeted ~ Action Items Don t ignore demand letters Get expert legal help to support litigation A360 Rebuttal Report available - ask us A360 Expert Testimony available Training and consulting per your needs Track your all of your actions (all along)

25 What Does a Demand Letter Look Like?

26 Often Include a Scanning Report

27 Scanning Software - U.S. Government Conduct Website Testing and Remediation [ ] Automated website testing tools can crawl through the pages of a website and evaluate certain aspects of accessibility Automated scanning cannot determine if a website is accessible or conformant with accessibility standards [ ] Conduct Manual Accessibility Tests [ ] The tester must be expert in web accessibility and proficient in the use of input device alternatives and other assistive technologies. It is good practice to include persons with disabilities as testers for manual testing. [ ] -U.S. GOVERNMENT -

28 Accessibility is a Human Test

29 Contact Steven E. Helland Technology, Internet and Advertising Partner at Fredrikson & Byron, P.A Michele Landis Co-Founder Accessible Aaron Cannon Co-Founder Accessibility Engineer

30 Myths It s hard to do There s no clear rule Accessible websites are ugly It is NOT hard to do if you know what you are doing. You can make this worse without expert help. It is all we do & we are here to help Follow: WCAG2.0AA To be clear: Accessible Design is not to blame for unattractive websites, there are plenty of inaccessible websites that are unattractive. This is just a lack of understanding of accessibility

31 Facts By the year 2030, 71.5 million baby boomers will be over the age of 65 Over one third of American families have at least one member with a disability 1 in 11 men are color blind At nearly 57M, the disability market is more than twice the size of the tween market (20M) but has almost 3X the disposable spending power ($180B) Cascading Style Sheets (CSS) allow you to separate content from visual display Provides more flexibility and accessibility of content Improved web page download times Easier management due to multiple pages being fixed at once What you do to make your website accessible and compliant with WCAG2.0 also increases your search engine rankings

32 Trends Your competition is paying attention New websites are including accessibility during development Companies are holding developers & 3rd party agencies accountable Live User auditors are replacing automated scanning tools Consumers are aware of this topic and public demand is increasing Disabled users are noticing which websites are getting better!

33 Help W3C The World Wide Web Consortium is an international community that develops open standards to ensure the long term growth of the Web WCAG Web Content Accessibility Guidelines Contrast Checker Braille Display Video Sip & Puff Typing Video Scanning Tools Ad-On Accessibility or Separate Site?