Have you heard about the lawsuits being filed against businesses for not being accessible to people?
Yes, if your business is not accessible enough for differently abled people, you might get sued with the lawsuit under the Americans with Disabilities Act, aka ADA.
In this article, we will discuss the ADA, its standards, how your website can be made more accessible, and how you can protect your business from lawsuits.
Let’s dive in!
Let's first understand what ADA is.
The Americans with Disabilities Act of 1990 is a civil rights act that ensures that everyone, regardless of their disabilities, has the equal right to information and services.
Now, you may wonder why it is needed for your website. This act prohibits discrimination against anyone with different abilities. So, if your website is not ADA compliant, it will be considered as discrimination against differently abled people.
So, what exactly is ADA compliance for websites?
It is a practice of adhering to the ADA guidelines to make your website design accessible for everyone.
Following content guidelines is more important than ever. The WCAG (Web Content Accessibility Guidelines) explains what accessibility features your website should provide to users.
There are three levels of accessibility: A, AA, and AAA. A is the basic accessibility conformance, AA is the medium, and AAA is the advanced one.
Most enterprises try to achieve the AA level of WCAG conformance.
WCAG includes guidelines such as providing subtitles to videos or alternate text to nontext content, keyboard navigation, using readable and understandable content, providing color contrasts, and creating content that does not cause seizures or any other physical reaction.
Adhering to WCAG allows you to achieve ADA compliance for your website. Read this blog for an overview of WCAG and its levels of conformance.
According to the CDC (Centers for Disease Control and Prevention), one out of 4 US adults live with a disability. Also, around 2 billion people globally rely on the internet for information and education.
This includes individuals with visual, auditory, motor, cognitive, and speech impairments.
In this scenario, it is much more important to cater to this significant sector with the accessibility features on the internet on your website.
From education to shopping, websites are becoming the first point of contact. If people want to be admitted to the university, they first check their website to understand the organization and the courses they offer.
In these cases, providing accessibility features is essential more than ever!
Imagine a visually impaired person browsing your website. If your website has a screen-reader feature where they can listen to the content on your website, they might get hooked, and voila, you gained another user.
Ensuring ADA compliance for websites can let you reach a wider audience, as you are not excluding a significant section of the audience.
Including accessible features like screen readers, alternate texts for images, and captions for videos improves the user experience for everyone so that you can reach more people.
When your website is ADA-compliant, it speaks for your brand that it is inclusive and socially responsible. This gives you a competitive edge over other players in the market who do not have accessible content.
This positive brand image and credibility increase customer retention. An accessible website builds trust among your user base and makes them come back, and as we mentioned earlier, you also reach a broader audience segment.
Having an ADA-compliant website means creating content that is easy to read, understand, and consume. Creating accessibility on your website does exactly that.
Providing alt-text for images and captions to the videos, etc, are the components of on-page SEO. So, when your website is accessible, most of your SEO factors are already being taken care of.
This can significantly help you increase your website's traffic and rank higher on SERPs.
As we mentioned earlier, The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in all areas of public life, including access to goods and services.
So, if your website is not accessible, then you might face costly lawsuits along with reputation damage.
These lawsuits can be costly; as we all know, court affairs are always expensive. This involves legal fees, court fees, and compensation paid to the plaintiff.
According to the DOJ (Department of Justice), the civil penalties under Title III of the Americans with Disabilities Act (ADA) for first violations range from $55,000 - $75,000.
For the subsequent violation, the maximum penalty could be up to $150,000, according to the new final rule.
The new maximum penalty will apply only to violations occurring on or after April 28, 2014.
Lawsuits and legal penalties can severely damage the business's reputation. Consumers may perceive the business as discriminative and irresponsible.
In today's culture, it is very important to maintain credibility and reputation as it takes a lot longer to build it, a minute to break it, and forever to repair it.
If the consumer does not receive your website content well, you already lost the potential customer.
With an inaccessible website, you would not be able to reach the differently abled audience, resulting in the loss of business and, eventually, revenue loss.
Poor color contrast between text and the background can be challenging to read for people with low vision. This may frustrate the users and prevent them from accessing the information they are looking for.
A great color contrast between the text and the background can make it easier for you to achieve ADA compliance for your website.
In the above image, we have given some examples of good and bad color contrast between text and the background.
Also, there is an explicit provision in WCAG for color contrast. So, having a bad color contrast on your website will be a violation of requirements and can lead to legal penalties.
How to Fix it:
If you have a screen reader function without the alternate texts for images and other non-text content, then it is going to be partially useless.
Even for the well-sighted users, alt text can be beneficial. If the image fails to load, then the text can provide information about the image.
Screen readers depend on alt texts to describe the non-text content to visually-impaired people. Missing or generic alt text will be of no use to the screen reader as it provides no specific and useful information to the users.
How to Fix it:
Again, providing alternate text is a WCAG requirement, so if you miss it, you might end up facing lawsuits. By satisfying this requirement, you can achieve ADA-compliance for a website.
WCAG mentions that all the prerecorded audio and videos should have synchronized captions to help deaf and hard-of-hearing people understand the content.
Not having captions for such content effectively excludes this hearing-impaired segment of the population, which can cause serious accessibility issues on your website.
Even for those individuals who can hear properly, captions are helpful. To understand mispronounced words or to watch the video in a noisy area where listening to the video properly is impossible.
How to Fix it:
Keyboard navigation is one of the important requirements of WCAG. If your website uses complicated navigation, which can only be performed with the mouse, then it is difficult for users with physical disabilities to navigate the website.
This causes frustration, and the user may leave or abandon the website.
Some common examples of poor navigation are-
How to Fix it:
Forms that have illogical tab order and no clear information are known as inaccessible forms.
Forms should be completely navigable by the keyboard, including submission. Without proper accessibility, differently abled people would be excluded from performing essential tasks such as purchasing something or opting for a service.
Moreover, forms with no clear instructions could be frustrating for every kind of user. WCAG clearly mentions how the forms on your website should be accessible. So, not having accessible forms could be a serious violation of those guidelines.
Inadequate space for input can be challenging for users with motor impairments or those using assistive technologies.
Additionally, traditional CAPTCHA could be impossible or difficult for visually impaired individuals. Audio captcha can resolve such issues.
Also, providing inadequate space in the fields could be challenging for individuals with cognitive disorders.
How to Fix it?
6. Lack of Clear Headings and Landmarks
Headings and landmarks are very beneficial for those individuals who are dependent on screen readers.
Without those, it could be very confusing for the users as the screen readers will read the content in a disoriented way.
Also, use heading tags (H1-H2) in a logical manner. Missing the heading tags or the proper order could confuse the reader.
How to Fix it?
1. How can I check if my website is ADA-compliant?
You can check ADA compliance for your website using accessibility checkers like ADA Shield.
This tool scans your website and identifies potential accessibility issues.
Additionally, you can manually test your website using a screen reader or keyboard-only navigation to assess its usability for people with disabilities.
2. What are some common ADA compliance issues on websites?
Common ADA compliance issues on websites include insufficient color contrast, missing or ineffective alternative text for images, a lack of video captions, poor keyboard navigation, inaccessible forms, and unclear headings and landmarks.
These issues can significantly hinder the ability of people with disabilities to access and use websites effectively.
3. Can ADA compliance help reach more customers?
Yes, absolutely.
ADA compliance can significantly expand your customer base. By making your website accessible to people with disabilities, you're opening your doors to a substantial portion of the population that might otherwise be unable to interact with your business online.
4. What should I do if I don’t have the expertise to make my site ADA-compliant?
If you lack the expertise to make your site ADA-compliant, consider hiring a web accessibility consultant such as ADA Tray or working with a web development agency that understands and implements accessibility, such as INNsight. These professionals can assess your website, identify accessibility issues, and guide you in implementing the necessary changes.
5. Do I need to redesign my entire website to be ADA-compliant?
No, you don't necessarily need a complete website redesign to achieve ADA compliance. Often, making your website ADA-compliant involves making specific adjustments and improvements to existing content and functionality.
Having a fully accessible website helps you reach a wide range of society. To achieve accessibility, it is not essential to completely redesign your website. Making a few changes can go a long way.
You can also use the ADA Tray widget, which you can easily install without changing the website.
Not working on these issues can lead to serious lawsuits that can cost you heavily, even up to $150,000.
Ensure that your website is accessible according to the WCAG guidelines.
Author
Raj Patel
CEO & Founder
Raj Patel, the driving force at INNsight, is changing the game for hotels with his real-world expertise in software and digital marketing. Drawing on his Silicon Valley experience at eBay, Raj keeps things practical. Think of practical tools that work, making hotels shine online and turning digital success for every hotel. Jump on board the INNsight journey, where Raj's hands-on approach brings a touch of reality to revolutionizing the hospitality scene.
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