Accessibility and Inclusion as the Baseline for Companies

On a very basic definition, Accessibility addresses discriminatory aspects related to equivalent user experience for people with disabilities. No matter the document, interface or medium of interaction, people with disabilities must be able to equally perceive, understand, navigate, and interact with documents, websites and tools of any sort. It also means that they can contribute equally without barriers.

Making an experience flawlessly accessible has always been a challenge, and it requires the expertise to develop final products, documents, websites that allow anyone to use them and consume them equally. It is the right thing to do for any organization or enterprise both with internal elements such as documentation or instructive material and more, and specially for anything that is posted or exposed externally being susceptible to scrutiny or regulation by government or compliance auditors. Having a public presence of any sort that is not accessible it is subjective to costly lawsuits or campaigns that will deeply impact any company or organization public image with significant financial consequences.

US Accessibility Laws, compliance as an asset, and lawsuits

Accessibility legislation across North America (US accessibility laws) ensure equal opportunity for and effective communication with people with disabilities.

Section 508

ADA requirements within Section 508 have the net effect of requiring that vendors seeking to do business with the U.S. Federal Government must also ensure their websites and software tools meet accessibility requirements. While Section 508 compliance requirements stop short of placing an obligation on the operators of private sector websites, it is the buying power of the federal government that makes many private companies decide to comply with the terms of 508 – because compliance may help them to win federal work.

WCAG 2.0/2.1

The World Wide Web Consortium (W3C) is the industry-recognized body for setting web accessibility standards. Through the Web Accessibility Initiative (WAI), W3C aims to ensure all users have equal access to information and functionality online. An accessible website is achieved when web pages and processes are validated for compliance against the W3C’s Standards, (WCAG 2.0/2.1 Level AA).

The Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation. It also mandates the establishment of TDD/telephone relay services.

Title II

Title II of the Americans with Disabilities Act applies to all activities of state and local governments, regardless of an entity’s size or receipt of federal funding. It requires that all state and local governments give people with disabilities equal opportunity to benefit from all programs, services, and activities (e.g. public education, employment, transportation, recreation, healthcare, social services, town meetings, etc.). They are required to be able to communicate effectively with people who have hearing, vision, or speech disabilities.

Title III

Title III of the Americans with Disabilities Act prohibits discrimination on the basis of disability in “places of public accommodation” (businesses and non-profit agencies that serve the public) and “commercial facilities” (other businesses). For example, under Title III of the ADA, banks are required to communicate effectively with people with disabilities, which may include providing auxiliary aids and services.

The Individuals with Disabilities Education Act (IDEA)

The Individuals with Disabilities Education Act (IDEA) is a federal law, first passed by Congress in 1975. IDEA protects the rights of children with disabilities in that it requires schools to provide them with a free and appropriate public education (FAPE). All eligible students with disabilities must be educated at the expense of the public, have the right to be educated in the public school system and are entitled to the education that is appropriate for them (i.e. tailored to meet their individual needs). Among the students eligible for special education services under IDEA are those who are blind or deaf-blind.

Telecommunications Act (Section 255)

Section 255 of the Telecommunications Act of 1996 requires manufacturers of telecommunications equipment and providers of telecommunications services to ensure that their equipment and services are accessible to persons with disabilities, if readily achievable. The Federal Communications Commission’s Report and Order Implementing Section 255 was released in September 1999.

Twenty-First Century Communications and Video Accessibility Act of 2010

The Twenty-First Century Communications and Video Accessibility Act was established to ensure all individuals have equal access to new-age technology. Title I: Communication Access addresses communications access to make products and services using Broadband fully accessible to people with disabilities. For example, smartphones will be required to be usable by blind and visually impaired people as well as people with hearing aids. Title II: Video Programming of the accessibility act breaks new ground to make it easier for people with disabilities to view video programming on television and the internet.

Section 1557 of the Affordable Care Act (ACA)

Section 1557 is the nondiscrimination provision of the Affordable Care Act (ACA). The law prohibits discrimination on the basis of disability, age, national origin, colour and race within federally funded healthcare programs, and extends protections to individuals who purchase health insurance through the health insurance marketplaces. By first plan year beginning on Jan. 1, 2017, Covered Entities must ensure applicable health insurance & group benefit designs comply with Section 1557, which includes providing appropriate auxiliary aids (e.g. alternate formats) and services.

Lawsuits

Regarding web accessibility, any website that belongs to a company that do business in the United States are legally required to provide equal accessibility to all people following Title III of the Americans with Disabilities Act.

The consequences of these lawsuits, both monetary and on public image, makes mandatory to prevent such scenarios by proactively auditing and updating any web presence and client-facing documents to address such issues.

Contacting the right partners or consultants to help you navigate the needs for accessible documents and websites, advise on applicable laws and protect you from the impact of not being compliant is key.

Accessibility drives market share

The population of people in the USA who have low vision or are blind, along with friends and family, adds up to 68 million. Out of this, a full 51 million are apt to move business from companies that don’t provide visual accessibility.

The role of demographic and cultural shifts

As the RODI (Return on Disability Index) shows, an enlightened approach to accessibility correlates with better corporate performance. Plus, innovations that enhance accessibility create value.

Making sure your products, public image and media (electronic, printed or other) are created with inclusion in mind from the drawing board will not only differentiate your brand and help you reach a broader audience, but it is simply the right thing to do to build a more accessible world where all have the same opportunities.

#accessibility #inclusion #section508 #adacompliance #remediation

Sources: https://akorbi.com/, https://www.section508.gov/, https://www.ada.gov/, https://www.w3.org/, Seyfarth Shaw LLP, https://www.paciellogroup.com/, https://www.tbase.com/