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ADA Compliance for Website Accessibility: Why You Need It in 2023

February 28, 2023

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When designing and developing websites and software applications, many businesses may unintentionally neglect accessibility for people with disabilities. As 26% of US citizens and 16% of the global population have at least one disability, technology must be accessible to all. And ADA compliance acts as a solution—it sets a standard for businesses to make their websites and software available to disabled people.

ADA compliance is mandatory for US organizations, and failing to adhere to these guidelines can result in lawsuits. Fortunately, this guide explores ADA standards and how companies can adopt them.

What Is ADA Compliance?

ADA Compliance describes the American Disabilities Act’s standards for the design and accessibility of IT platforms, such as your website, for disabled people. In 2010, the US Department of Justice (DOJ) enacted this standard requiring businesses to develop websites inclusive of people with disabilities. 

Furthermore, ADA acknowledges someone with a disability as “a person with a physical or mental impairment that substantially limits one or more major life activities.” They expand on this definition adding, “a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.” 

Many people confuse ADA compliance with Section 508. Section 508 sets a criterion for the accessibility of digitally published material within government entities and agencies for disabled people. On the other hand, ADA is much broader, mandating the inclusion of disabled people in businesses for both private and public sectors. These businesses include workplaces, transportation hubs, schools, and other areas open to the public. 

Does My Website Need ADA Compliance?

Yes, your website does need ADA compliance. Essentially, all kinds of organizations (in private and public sectors) and software must be ADA-compliant. Businesses qualify as an employer for ADA Compliance if they:

  • Have 15 employees or more. 
  • Operate for a minimum of 20 calendar weeks per annum.
  • Serve in any kind of commerce industry.
  • Serve the public (schools, fitness centers, grocery stores, fuel stations, retail stores, etc.) 
  • Are a place of accommodation outlined by Title III

The criteria above require every business and its related IT applications and software to be ADA-compliant. 

What if My Website Is Not ADA-Compliant?

Failure to comply with ADA requirements, even unintentionally, can lead to an extensive and costly lawsuit. For instance, ten world-renowned companies were sued for ADA compliance infractions. These brands included Netflix, Amazon, and Burger King, to name a few. However, small companies are also at risk of ADA lawsuits too, with over 60 small businesses in Colorado facing legal action due to ADA violations. Additionally, a US law firm (Seyfarth) confirms that 11,452 ADA cases were filed by 2021, a 4% increase from the previous year. 

Besides the chance of facing a lawsuit for ADA violations, businesses can also suffer PR backlash. Also, they will have to invest in a new website that fulfills ADA requirements, besides having lost potential customers due to being inaccessible to the large population of disabled people.

How Can My Website Follow ADA Compliance?

Organizations must follow the WCAG 2.0 guidelines to ensure their websites and platforms are ADA-compliant. The Web Content Accessibility Guidelines (WCAG 2.0) has a three-tier grading system that measures the level of accessibility of a website for people with disabilities. 

Here is the WCAG 2.0 grading system for ADA compliance and what each level means. 

Level A:

  • Content alternatives to text.
  • Video captions.
  • No keyboard traps.
  • The website can be navigable by keyboard alone.
  • The meaning of the content is not only expressed by elements such as shapes, pictures, or color. 

Level A websites are considered only accessible to some users.

Level AA:

  • Headings follow a logical structure.
  • Consistent navigation throughout the site.
  • Color contrast is at least 4.5:1.
  • Form fields have clear, accurate labels.
  • All images with meaning have descriptive alternative (alt) text.
  • A screen reader can convey notification updates.

Level AA websites are considered accessible to most users.

Level AAA:

  • Color contrast is at least 7:1.
  • Sign language interpretation for audio and video content.
  • Context-sensitive help is available.
  • Timing is not critical to any action using the website.

Level AAA websites are considered accessible to all users. 

Businesses must strive to achieve Level AA or AAA compliance. Furthermore, while ADA does not offer certifications, you can validate your compliance through a proprietary accessibility certification, such as the WCAG Digital Accessibility Certification. In addition, earning this certification for ADA compliance is beneficial for showing your commitment to accessibility and improved user experience. 

After optimizing your website and software according to WCAG’s grading system, follow the guidelines below to get your business certified. 

WCAG Guidelines for ADA Compliance

These guidelines outline the four principles of accessibility for ADA-compliant websites and software. Let us take a closer look at what these four principles are.

  1. Perceivable 

The content you use for your website and software, as well as all the relevant user interface components, must be perceivable by all users. In other words, these elements must be visible to all your user’s senses. For instance—if you use a video on your homepage, you must provide an alternative for users with different disabilities, such as video captions, or compatibility with screen readers. 

  1. Operable

This WCAG guideline requires software applications to provide maximum usability. Your website must be easily operable for use, with intuitive navigation. A few examples of how to accomplish this include: descriptive page titles easily read by screen readers, a predictable and simple menu, and consistent layouts throughout your website. 

  1. Understandable

Users must be able to comprehend the information on your website or software and how to navigate the interface. In addition, all the content you use should be easy to understand, including text, images, videos, and functions (contact forums, surveys, calculators, etc.). For example, you must use basic words in your web copy and simple forms that are easy to complete. 

  1. Robust 

This guideline requires content to deliver the same experience if users rely on assistive technologies such as screen reading software and voice readers. These technologies should not change how users experience your content. In other words, someone depending on a screen reader should interact with your content like any other user. Moreover, you can test your website’s compatibility with these technologies by using online accessibility testing tools or hiring a professional to conduct an audit. Alternatively, some website owners and developers use aiding technologies and perform the test (based on these guidelines) themselves. 

In Closing

ADA compliance was enacted by the DOJ in 2010 as a standard for the design and accessibility of IT software (websites, mobile applications, etc.) for people with disabilities. It is vital to note that, ADA differs from Section 508—the latter governs the design and accessibility of content within government agencies, while ADA applies to all businesses (public and private). Moreover, if companies violate ADA compliance, they risk costly lawsuits. Thousands of small and large organizations have been sued for ADA infractions. 

Finally, all companies must comply with the WCAG’s grading system at Level AA or AAA and their four principles for accessibility: perceivable, operable, understandable, and robust. By taking this step, you can ensure that your website and software applications are accessible to everyone, and obtain an accessibility certification that confirms your ADA compliance.