Accessibility Statements

Posted by Kim Krause Berg cre8pc    Updated

Coming Next: WCAG 2.2

Posted by Kim Krause Berg cre8pc    Updated

It is a myth that website accessibility is a once and done exercise. Similar to how SEO’s follow every Google algorithm update and chase the results to see what blew up, accessibility for websites and apps is also in a constant state of fluctuation.

In other words, you can’t make a change in your code and think it will last forever.

Computer devices change. Browsers change. Technology changes. Standards change. Rules, guidelines and laws change, in every state, province and country.

How business is conducted online changes too.

These changes are driven by me and you. Your children. Your families. Friends. Neighbors. Customers. Clients. Employees.

Accessibility Design Includes You (Sooner or Later)

Accessibility design is referred to as inclusive design because we not only must learn how to use the web, we may also need help to use it at all.

We grow older. We are unique. We are born with disabilities and sometimes develop them over the course of our lives. We break an arm, or hand or suffer from depression or a temporary emotional freak out from stress or an emergency.

We need our computers in different ways in those crazy moments and normal daily ones. It is out of this understanding and respect for you, that website accessibility testing is done. It is a not an automated quick fix by AI.

Because you are not robots.

WCAG 2.2

The first draft of WCAG 2.2 was made available on August 11. To get an idea of the work involved in changing accessibility guidelines, take a look at the comments at GitHub.

It is backwards compatible to WCAG 2.0 and WCAG 2.1. There are nine new success criteria in WCAG 2.2, which is expected to be officially adapted later this year.

New Success Criteria for WCAG 2.2

WCAG 3.0 is On Deck

It will NOT be backwards compatible. In fact, it is a do-over.

The WCAG3.0 August 27 Editor’s Draft can be read now.

“WCAG 3.0 uses a framework that allows it to address more disability needs than WCAG 2.X, as well as address publishing requirements and emerging technologies on the web such as web XR (augmented, virtual and mixed reality) and voice input. It will also provide non-normative information about the ways web technologies need to work with authoring tools, user agents, and assistive technologies.”

Fasten your seat belts.

One Line of Code Will Not Save Your Accessibility Status

Posted by Kim Krause Berg cre8pc    Updated

If you could fix all the accessibility problems in a website by simply inserting one line of code, would you really do it?

This is the claim by a company that announced it got 12 million in funding to create a product that promises to make websites 100% accessible through AI.

No longer does a company need to hire designers and developers trained in website accessibility compliance. There is no need to do testing because the app does that for you every day. It claims to know every accessibility law in every country, state and province, so you don’t have to.

It claims it may even prevent an ADA lawsuit by updating your accessibility statement, which admits that the website is not tested with disabled people.

It is not tested or maintained by an Accessibility Specialist either.

If there is an issue for anyone trying to use the website, you will never know how to fix it and besides, for the money you’re paying for the automatic repair job, you can’t be sued, right?

I understand lazy. I hear from small business owners who don’t have the money to pay for an accessibility specialist (even someone inexpensive like me.)

What I don’t have is respect for the major corporations whose logos are used to promote a product that allows them to avoid doing the job accurately in the first place.

They can afford to hire skilled accessibility specialists.

Every one of those companies paying from $490 to $3490 a year didn’t conduct a customer journey to watch and learn how disabled people use their website.

They proudly announce in their accessibility statement that they can’t be slapped with an ADA accessibility lawsuit because a line of code is defending them. This, they feel, will impress any judge and save them thousands of dollars in court fees and damages.

Why bother to pay developers to properly code ARIA for screen readers if an app will make the page work automatically?  It does do that, right?

You checked, right?

You know how to check this, right?

It amazes me that anyone would put their company in the hands of one line of code that promises to make the website work for everyone, regardless of any physical, mental or emotional disability or impairment, permanent or temporary.

Do you know how to present your content for someone with dyslexia? How about autism? People who are colorblind?  Do you know how your web pages work on an Apple iPhone with accessibility features turned on? How about an Android?  What if your user has no mouse? No voice? No sight? No hearing? No short term memory?

You may feel that there is no way you can possibly make a website work universally for everyone. This is actually a goal by some companies that do not wish to discriminate. They accept the challenge. They hire accessibility specialists who are advocates for the disabled.

AI should not replace you.

Avoid Financial Penalties for Not Complying with California’s California Consumer Privacy Act

Posted by Kim Krause Berg cre8pc    Updated

As of July 1, 2020, California’s CCPA (California Consumer Privacy Act) will require that privacy policies and other notices meet WCAG2.1 accessibility compliance or risk being fined.

If your company is based in, or does business with California, your privacy policy and any online notice must be accessible. This includes making sure an alternative format such as a PDF is accessible.  If your company collects personal information online, this must be stated in a way that’s accessible.

The only way a company can be confident that their online notices are accessible is to test them on screen readers and perform manual testing. Overlays and accessibility widgets will not automatically transform digital content to meet WCAG2.1 standards.

In addition to the CCPA, California has the Unruh Act, which requires all persons within California are treated equally, including the ability to use websites regardless of any disabilities or impairments.

Penalties may be $7,500 for non-compliance per violation. For example, if your accessibility statement and privacy policy are not accessible, the fine would double to $15,000

The Unruh Act may bring another $4000 in damages per violation due to the inaccessibility of a website.

If you do not know if your website is ADA accessibility compliant, hire an accessibility specialist to test it.  It must work with screen readers, and pass manual accessibility testing to meet California’s CCPA and laws outside the United States.

Do I Need an Accessibility Statement?

Posted by Kim Krause Berg cre8pc    Updated

If you own a website that you want people to use, the answer is yes. All websites are expected to be usable and accessible.

If you have heard about adding an official Accessibility Statement to your website it is important to understand what it is for. An accessibility statement does not prevent you or your business from receiving an ADA website accessibility lawsuit, demand letter or letter of complaint.

It is not a legal document. It is not binding.

It does, however, indicate the present status of the accessibility of your website and the steps taken to make it meet accessibility guidelines.

What is an Accessibility Statement For?

It is used to communicate information to your website visitors.

It provides a way for someone to contact you if they are prevented from completing a task, such as making a purchase, filling out a form, downloading and printing content and navigating without a mouse.

The accessibility statement is presented on a simple page with no sidebars, ads, or images other than a logo. If you put a form on the page, it must be accessible to screen readers.

Before placing an Accessibility Statement on your website, the website must be designed to be accessible. If it is not, the statement can indicate the following:

  1. The current status of the website’s compliance and to what level. WCAG 2.0 is the most common. WCAG 2.1 includes mobile accessibility guidelines.
  2. What was tested for accessibility compliance.
  3. What was not tested for accessibility compliance.
  4. What will never be tested for accessibility compliance. (Explain why.)
  5. Whether or not it is in the process of any present remediation.
  6. Whether or not the website is tested by an accessibility specialist or in the process of undergoing an accessibility site audit.
  7. A timeline or dates for which outstanding issues will be resolved.

What Steps are Necessary to Achieve an Accessible Website?

An Accessibility Statement must be routinely maintained to be current and accurate. This may require:

  1. Hiring a designer/developer trained in accessibility compliance or learning it on your own.
  2. Hiring an accessibility specialist to assist your designer/developer.
  3. Perform accessibility testing for each change made to the website to be sure it meets WCAG standards. (Aka “regression testing”.)
  4. Have an annual accessibility site audit or review performed by an accessibility specialist.
  5. You are responsible for all the content of your website. This means that you need to be sure any third party application or plug-in is accessible if you plan to use it. Reach out to the developer to get their accessibility compliance record.

Repeat letters of compliant and demand letters sent to companies who do not address accessibility issues in a timely manner are common.

If you receive a compliant letter, do not ignore it. Contact an attorney specializing in ADA website cases. They will advise you on the next steps.

Being proactive will save you time and money. Make sure your website is coded properly.

Do not depend on accessibility widgets or overlays that do not change the source code. They often fail automated and manual accessibility testing. They also put a bulls eye on your website as proof it is not built correctly in the first place.

Always test your web pages with a screen reader, hire an accessibility specialist who will do it for you or find an agency that has blind testers. The most common source for lawsuits are by blind people, some of whom are hired to look for websites that are not accessible.

Finally, be aware that along with writing an accessibility statement, you should monitor state and country laws and updates to WCAG. If you need to, hire an accessibility specialist who has current information.

All websites are at risk but the most commonly targeted are retail, hotels, real estate and travel sites. Websites doing business in California, New York, Pennsylvania and Florida, to name a few, should be alert and plan for accessibility compliance.

Kim’s Notes June 10

Posted by Kim Krause Berg cre8pc    Updated

“Courts across the nation are split on what it means for a website to be considered a place of public accommodation under the ADA. The Ninth Circuit, discussed above, finds that the ADA applies to websites if there is a “nexus” between the website and the company’s “physical space” open to the public.

For example, in Earll v. eBay Inc., the Ninth Circuit concluded that eBay is not subject to the ADA because its services are not connected to any “actual physical place.” Courts in the Third, Sixth, and Eleventh Circuits share this view. However, courts in the First, Second, and Seventh Circuits have adopted a more expansive definition of a “place of public accommodation” encompassing more than actual physical structures.”

INSIGHT: Covid-19 Causing a Surge in E-Commerce—Is Your Website Accessible?