In a 2016 landmark case, DOJ v. UC-Berkley, an institution that has primarily been associated with progressive causes, was called out by the US Department of Justice to comply with Section 508 of the American Disabilities Act (ADA) in having content on its website, free training videos, that were not accessible to a particular group of people covered under the ADA.

What is ADA?

The Federal Americans with Disabilities Act (ADA) requires certain businesses to make accommodations for people with disabilities. Usually, these include things like wheelchair accessibility, Braille for customers who are visually impaired, etc. But modern interpretations of the law have extended to the digital realm with accessibility requirements for certain businesses to make sure web content is accessible to all users. 

What Does an ADA Compliant Website Look Like?

Unfortunately, ADA has no clear regulations that detail precisely what compliant web content is due to its age.  These requirements are not universal. Only businesses that fall under ADA Title I or ADA Title III need to comply with ADA web design requirements in a manner that offers “reasonable accessibility” to people with disabilities.

How Do We Develop an ADA Compliant Website?

An excellent way to begin building an ADA-compliant website since there aren’t any clear definitions of what that means is to find ways in which the website is most accessible. Here are a few precautions you can take to get you moving towards ADA compliance, or at minimum, help you demonstrate that your business is making a good-faith effort towards user accommodation.

While the ADA doesn’t offer set guidelines for website compliance, many organizations follow the Web Content Accessibility Guidelines (WCAG). WCAG (pronounced wu-cag) isn’t a legal requirement, rather a reference point for organizations looking to improve their digital accessibility. 

Following WCAG Guidelines

Sure, there aren’t any set guidelines for your website to comply with ADA, but many organizations follow the Web Content Accessibility Guidelines (WCAG). It should be understood the WCAG isn’t a requirement. It’s a set of suggestions for organizations to help them build a section 508 compliant website.

Thus far, there are three versions of WCAG: 1.0, 2.0, and 2.1. In addition, there are also three levels at which you can conform with the guidelines: A (bare minimum level of accessibility), AA (target level of accessibility meeting legal requirements), and AAA (exceeds accessibility requirements). 

Another Way to Comply

Another way to find out the possible ways to comply with ADA in the absence of any regulatory guidance is to look to the standards observed in developing federal agencies’ websites.  Additionally, you can also look at the relevant case law to understand what compliance might be. 

What Features Should an ADA Compliant Website Have?

These are the recommended ways a website can be made more ADA compliant and address the accessibility issues related to their web content:

Ensure to have alt tags for all images, videos, and audio files. Alt tags allow both users with disabilities and automated readers and bots to read or hear alternative descriptions of content they might be unable to see. The purpose of Alt tags is to describe the object presented and, generally, the purpose it is shown on the site.

Add text transcripts for video and audio content. The transcribed text helps hearing-impaired users understand the content alleviating the inaccessibility.

Identify the site’s language in the header code. This feature helps users who utilize text readers know what language the site should be read in. Text readers can automatically identify those codes in the site header and function accordingly.

To reduce frustration when filling out forms/requests, offer alternatives and suggestions when users encounter input errors. Users with a disability often encounter input errors because of their need to navigate the website differently.  Offering recommendations on how visitors can easily navigate to the content they need will help alleviate this frustration.

A consistent, organized layout is essential. All the website menus, links, and buttons should be marked so that they are recognizable from one another and are easily navigable throughout the entire site. 

To create an ADA-compliant accessible website for users with disabilities seeking a skilled attorney who specializes in disability law and reading the ADA requirements are the essential first steps.

High Costs of Failure to Comply:

Failing to comply with the ADA requirements means your business is ripe for a website ADA compliance lawsuit, and the legal defense costs of an ADA lawsuit add up quickly. 

Beyond regulatory consequences and the fear of a pending lawsuit, a failure to provide accessibility to users with disabilities also means losing out on business. If users are unable to navigate your website with ease, they’re missing sales opportunities regularly. In addition to that, ADA compliance makes it easier for search engines to crawl and index your website, gaining Search Engine rankings and providing you with more web traffic.