Ensuring your website is ADA compliant takes skill and know-how. Even with drag-and-drop and state-of-the-art web builders, knowing how to put together content, add alt-tags and compliant contrasting colors just to name a few thing, it takes someone familiar with coding, UI/UX techniques and the best practices advised by the W3C (World Wide Web Consortium) to ensure that your site meets at minimum the A Level of Conformance. Here is the W3C’s complete and exhaustive list of technical conformance guidelines.

Google and the government are already making asks around their expectations of accessibility as a cornerstone of website development. Google already rewards sites that check many accessibility boxes with higher rankings and the government has signaled that web accessibility standards will be required for government contractors. By building a more accessible website now, you may significantly impact your SEO and ranking potential, not to mention open the doors to possible work as a government contractor.


In 2010 the U.S. Department of Justice (DOJ) released the 2010 ADA Standards for Accessible Design. This update to the Americans with Disabilities Act of 1990 has consistently been interpreted by U.S. courts to apply to digital content including websites, applications, mobile apps, and PDFs. The Web Content Accessibility Guidelines (WCAG) are technical guidelines referenced when testing for ADA website accessibility. Today, WCAG 2.1 A & AA is considered the minimum standard for ADA website compliance.

Most web designers offer a wide variety of services to make your website aesthetically pleasing and easy to use. Modern web design must be mobile-friendly and scalable, capable of expanding to include a blog, social media sites, and even video streaming; web designers are experts at integrating various web technologies. They can build the site, add functionality, test it, launch it on a live server, and track and maintain its performance.
For most businesses, the need for ADA web compliance means they will need to make at least some adjustments to all of their online marketing strategies. For instance, if your company provides tax preparation services, all of the tax forms you provide for customers to download would need to meet accessibility standards. Any online tax preparation services that you offer would also need to be configured so they meet ADA standards, as would your mobile app.

In 2010 the U.S. Department of Justice (DOJ) released the 2010 ADA Standards for Accessible Design. This update to the Americans with Disabilities Act of 1990 has consistently been interpreted by U.S. courts to apply to digital content including websites, applications, mobile apps, and PDFs. The Web Content Accessibility Guidelines (WCAG) are technical guidelines referenced when testing for ADA website accessibility. Today, WCAG 2.1 A & AA is considered the minimum standard for ADA website compliance.

Until the ADA is updated to address the special case of website accessibility, or the Department of Justice releases its website accessibility regulations, complying with WCAG 2.0 Level AA is the best way to ensure that people with disabilities have equal access to your website. The overview below is a great starting point about meeting the WCAG 2.0 Level AA recommendations.
This is the exact opposite of mistake #1. Let me start by revealing a dirty little secret when it comes to website design. Most people think, Oh, I’m going to hire a professional website firm because I want a “real website” As opposed to a Word Press website or something else. And what most people don't realize is that all websites are made from the same stuff.
In 2010 the U.S. Department of Justice (DOJ) released the 2010 ADA Standards for Accessible Design. This update to the Americans with Disabilities Act of 1990 has consistently been interpreted by U.S. courts to apply to digital content including websites, applications, mobile apps, and PDFs. The Web Content Accessibility Guidelines (WCAG) are technical guidelines referenced when testing for ADA website accessibility. Today, WCAG 2.1 A & AA is considered the minimum standard for ADA website compliance.
Permanent injunction requiring a change in corporate polices to cause Defendant’s website to become, and remain, accessible Noted was that “The ADA expressly contemplates the type of injunctive relief that the Plaintiffs seek in this action.” The Plaintiff’s lawyers stated that “Because Defendant’s Website has never been accessible and because Defendant does not have, and has never had, a corporate policy that is reasonably calculated to cause its Website to become and remain accessible”. Therefor the Court should require that the Plaintiff accept who the Defendant will use to “assist it in improving the accessibility of its Website”, “ensure that all employees involved in website development and content development be given training”, “Consultant to perform an automated accessibility audit on a periodic basis to evaluate if the Defendant’s Website continues to comply”, “Consultant to perform end-user accessibility/usability testing on a periodic basis”, “Consultant to create an accessibility policy”. Although the Lawyers asked the Court for the above, and it would be extremely time consuming and expensive for the Defendant, the very last part of the Complaint was what the Lawyers were after. Here is what the Lawyers asked the Court for: 

Part of Title I was found unconstitutional by the United States Supreme Court as it pertains to states in the case of Board of Trustees of the University of Alabama v. Garrett as violating the sovereign immunity rights of the several states as specified by the Eleventh Amendment to the United States Constitution. The Court determined that state employees cannot sue their employer for violating ADA rules. State employees can, however, file complaints at the Department of Justice or the Equal Employment Opportunity Commission, who can sue on their behalf.[19]
State and local governments will often post documents on their websites using Portable Document Format (PDF). But PDF documents, or those in other image based formats, are often not accessible to blind people who use screen readers and people with low vision who use text enlargement programs or different color and font settings to read computer displays.
However, in states that have enacted laws that allow private individuals to win monetary awards from non-compliant businesses (as of 2008, these include California, Florida, Hawaii, and Illinois), "professional plaintiffs" are typically found. At least one of these plaintiffs in California has been barred by courts from filing lawsuits unless he receives prior court permission.[55] Through the end of fiscal year 1998, 86% of the 106,988 ADA charges filed with and resolved by the Equal Employment Opportunity Commission, were either dropped or investigated and dismissed by EEOC but not without imposing opportunity costs and legal fees on employers.[50]
Upon first recognizing this possible application of Title III of the ADA in 2003, the DOJ laid out a Voluntary Action Plan for government agencies and private entities, and later followed that up with a short list of recommendations in 2007. In 2010, the DOJ seemed to be picking up steam on this topic when they released a Notice of Advance Rulemaking -- stating that they were “considering revising the regulations implementing Title III of the ADA in order to establish requirements for making the goods, services...offered by public accommodations via the Internet, specifically at sites on the World Wide Web, accessible to individuals with disabilities.”
The Americans with Disabilities Act (ADA) and, if the government entities receive Federal funding, the Rehabilitation Act of 1973, generally require that State and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden. One way to help meet these requirements is to ensure that government websites have accessible features for people with disabilities, using the simple steps described in this document. An agency with an inaccessible website may also meet its legal obligations by providing an alternative accessible way for citizens to use the programs or services, such as a staffed telephone information line. These alternatives, however, are unlikely to provide an equal degree of access in terms of hours of operation and the range of options and programs available. For example, job announcements and application forms, if posted on an accessible website, would be available to people with disabilities 24 hours a day, 7 days a week.

"Candyce's company has done work for me for close to 5 years and has done a superb job with everything from business card design, to marketing materials like case studies, sales proposals, PDF brochures, as well as updating our Website. Her designs are always fresh and new so it is not the same recasting of old designs. Very reliable, also at times when we have to complete...
What’s in store for 2018? If the Ninth Circuit upholds the Domino’s district court’s dismissal on due process grounds, the number of California website accessibility lawsuits in federal court may go down dramatically.  Even if that occurs, we see no end to the website accessibility lawsuit surge elsewhere and expect that new plaintiffs’ firms will continue to enter the scene.  While the current administration’s DOJ is not likely to push the website accessibility agenda, its inaction will not stop the lawsuits.  Only an amendment to the ADA can do that, which we believe is highly unlikely.  Thus, the best risk mitigation effort for covered entities is still to make their websites accessible as soon as possible, with the assistance of ADA Title III legal counsel experienced in website accessibility issues and reputable digital accessibility consultants.
In January of 2017 the federal government moved forward with the adoption of WCAG 2.0 AA as the standard for federal agency sites, leading many in the accessibility community to believe that a full adoption of the WCAG 2.0 Level AA standards by the DOJ for websites both public and private would be forthcoming. As of the writing of this post, that has neither occurred nor been added to the DOJ’s agenda, likely due to the installation of a new administration and other legislative priorities.
The Department of Justice’s (DOJ) rulemaking to create new website accessibility regulations is now officially dead, as we recently blogged. The lack of clear rules will lead to more litigation and inconsistent judicially-made law.  In fact, it appears that the DOJ will not be issuing any new regulations under Title III of the ADA about any subject, according to the agency’s December 26 announcement in the Federal Register repealing all pending ADA Title III rulemakings.
Title II prohibits disability discrimination by all public entities at the local level, e.g., school district, municipal, city, or county, and at state level. Public entities must comply with Title II regulations by the U.S. Department of Justice. These regulations cover access to all programs and services offered by the entity. Access includes physical access described in the ADA Standards for Accessible Design and programmatic access that might be obstructed by discriminatory policies or procedures of the entity.
Title II prohibits disability discrimination by all public entities at the local level, e.g., school district, municipal, city, or county, and at state level. Public entities must comply with Title II regulations by the U.S. Department of Justice. These regulations cover access to all programs and services offered by the entity. Access includes physical access described in the ADA Standards for Accessible Design and programmatic access that might be obstructed by discriminatory policies or procedures of the entity.

It isn’t a problem by default, a lot of it comes down to how it is built. I’d suggest either considering a highly accessible contingency option, or build those components in such a way that there is a level of accessibility baked into it. If you need help with that testing or review email us at questions at yokoco.com and we’ll be able to let you know the cost for us to lend a hand.
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The need to make websites, mobile apps, and other online properties accessible to all is only going to increase as time moves on. Smart business owners will do well to get in front of this issue and make sure that their websites are ADA compliant now so that all their customers have the equal access to the resources they offer. Not just because they want to avoid a lawsuit or government action, but because it’s the right thing to do.
Without a crystal ball, it’s difficult to gauge where the Trump administration will direct the DOJ on ADA regulations in relation to websites moving forward, if they do at all. The administration has already emphasized a desire to move away from regulation and those with a vested interest in the application of the ADA to websites have taken that as a signal that the already thrice delayed process will continue to be pushed down the list of priorities.
“The idea of equal access, equal opportunity has sort of evolved in its application from brick and mortar to eCommerce. At first, many companies were worried about the desktop experience. Now, the concern extends to both smart phones and devices.  Wherever a consumer accesses your content – whether it be directly through the web or an app – you need to be concerned about accessibility.”
Leading web developers have been pioneering accessibility and publishing standards since 1994. In 1999, the Web Accessibility Initiative (WAI) and the World Wide Web Consortium (W3C) created the Web Content Accessibility Guidelines (WCAG). In essence, the people who determine how the internet is written came together to advise web developers on how to make websites accessible not only to people with disabilities, but to all web users, including those with highly limited devices.
...the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of "public accommodation" by any person who owns, leases, or operates a place of public accommodation. Public accommodations include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays.
The Access Board is responsible for developing and updating design guidelines known as the ADA Accessibility Guidelines (ADAAG).  These guidelines are used by the Department of Justice (DOJ) and the Department of Transportation (DOT) in setting enforceable standards that the public must follow.  Both DOJ’s and DOT’s current ADA Standards are based on the Board’s updated ADAAG (2004).  As a result, for the most part, these two sets of standards are very similar.  However, each contains additional requirements that are specific to the facilities covered by the respective agencies.  These additional requirements define the types of facilities covered, set effective dates, and provide additional scoping or technical requirements for those facilities.  DOJ’s ADA Standards apply to all facilities except public transportation facilities, which are subject to DOT’s ADA Standards.  The edition of the ADA Standards provided here on the Board’s website includes DOJ’s and DOT’s additional provisions.
First, these lawsuits will be very easy for plaintiffs to work up. The plaintiffs do not need any site inspection, experts or research. They can just surf the web from the convenience of their homes or offices. Marty says the "surf by" complaints could dwarf the "drive by" ADA lawsuits that looked for missing accessible parking spaces and other readily visible shortcomings.
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