Web Accessibility for ADA Compliance
A practical guide to web accessibility (WCAG) for ADA compliance.
WCAG & ADA Compliance Defined
In order to understand web compliance for those with disabilities, it helps to first understand all of it's parts and principles, including the ADA and WCAG.
What is Web Accessibility?
Web Accessibility is broad term that describes transforming websites and web-based applications to be accessible to people with disabilities.
What is the Americans with Disabilities Act (ADA)?
The Americans with Disabilities Act (ADA), signed into law in 1990, is America’s most important law regarding accessibility and civil rights for people with disabilities. Although it originally applied to physical locations, in 2018, the US Department of Justice affirmed that the ADA also applies to websites.
So, just as businesses must ensure their physical locations are accessible, they must do the same for their digital storefronts. In other words, the ADA requires businesses to make their websites accessible to people with disabilities.
Although the ADA doesn’t outline official legal standards, it has frequently referenced the Web Content Accessibility Guidelines (WCAG) as the recommended standard.
What are the Web Content Accessibility Guidelines (WCAG)?
Web Content Accessibility Guidelines (WCAG), developed by the Worldwide Web Consortium (W3C), is considered the most important set of web accessibility standards. Throughout the years, the W3C has spearheaded several important initiatives with the goal of transforming web-based environments so that they are open and welcome to people with disabilities. It has continued to evolve over the years and includes numerous instructions (or success criteria) designed to facilitate accessibility for various impairments.
Despite its length and complexity, WCAG is based on four guiding principles.
- Perceivable: People should be able to perceive content appearing on your website through their senses of sight, sound, and touch
- Operable: Website visitors need to be able to operate a website regardless of ability
- Understandable: A website needs to be easy to understand, and its layout should be simple and predictable
- Robust: A website must use clean HTML and CSS code that meets recognized standards to be robust. Additionally, it must be compatible with assistive tools that people with disabilities use to browse online.
Importance of Web Accessibility
The internet has created endless possibilities for us to learn, communicate, shop anytime from anywhere, and remain connected. However, far too often, people with disabilities encounter barriers and challenges in their daily lives – which becomes particularly evident when using the internet.
An estimated 1.3 billion people worldwide live with some form of disability, including more than 27% of adults in the US. Yet, less than 4% of websites are either fully or partially inaccessible to people with certain disabilities.
That’s why, in 1999, the Worldwide Web Consortium (W3C) published the Web Content Accessibility Guidelines (WCAG) – designed to help address these challenges and digital barriers.
For businesses, web accessibility offers an opportunity to ensure everyone can visit and enjoy their website — which, as it turns out, can bring with it a number of significant benefits and advantages.
Advantages and Benefits of Maintaining an Accessible Website
Expand Audience & Business Reach
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- People with disabilities (and their families) command more than $13 trillion in expendable annual income.
- 60% of consumers with disabilities say they’re more likely to return to a website or app after a positive shopping experience, and a third of customers have purchased additional items because it was easy to do so.
- 32% say they would purchase additional products.
Risk Mitigation
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- Under the ADA, most public facing businesses in the US are required to make their online environments accessible.
- Businesses that fail to comply risk legal recourse, such as receiving a demand letter or facing a lawsuit.
SEO Improvements
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- There is significant overlap between many web accessibility practices and SEO best practices.
- Accessible websites also tend to enhance overall user experience, which is major factor in search engine rankings.
- In fact, one study found that 73% of websites that became accessible saw a rise in organic traffic, at an average rate of 12%.
Appeal to Socially Conscious Consumers
- Investing in web accessibility clearly demonstrates a commitment to inclusivity, fairness, and social good—values that resonate strongly with today’s socially conscious consumers.
- In fact, 87% of people say they would purchase a product based on a company’s advocacy for a cause they care about.
In short, an accessible website can be a major business generator, allowing you to appeal to new audiences while also helping to mitigate legal risk.
1.3B
People worldwide living with some form of disability
We can help with web accessibility
ONELIVE extensively covers website ADA/WCAG compliance as part of our ongoing performance audits for our ecommerce clients. Contact us to learn more.
About Website ADA Lawsuits
Website ADA Lawsuits are On The Rise
Ever since the DOJ’s affirmation that the ADA also applies to business websites in 2018, lawsuits surrounding web accessibility have been on the rise.
While 2024 saw a decrease in total lawsuits compared to 2023, lawsuits targeting online retailers saw a 72% increase in their share of total cases, further underlining the ongoing challenges faced by e-commerce platforms. This is because eCommerce websites are often complex, constantly changing, and receive a high volume of traffic, making them more susceptible to legal issues.
The states with the most lawsuits filed across 2024 were New York (65%), California (19%), and Florida (18%).
Costs Associated with Website ADA Lawsuits
These lawsuits aren't cheap either. ADA website lawsuit settlements typically range from $5,000 to $20,000 or even higher depending on the severity of the violations and the size of the business being sued. In addition to the settlement costs, businesses may also be required to pay for the plaintiff's legal fees, which can add up to thousands of dollars more.
Moreover, the negative publicity surrounding a lawsuit can damage a company's reputation and lead to lost business. Therefore, it is crucial for businesses to ensure that their websites are ADA compliant to avoid costly lawsuits and protect their reputation. Investing in web accessibility is an effective way to mitigate these potential risks and allows businesses to better serve all of their customers.
$5k-20k
Typical amount paid to settle a website ADA lawsuit
Best Practices for Web Accessibility and ADA Compliance
With the right resources and tools, tweaking your existing website so that it is fully accessible, or creating an accessible website from scratch, is within reach for all businesses and website owners.
Components of Ensuring Website Accessibility
- Allow for keyboard-only navigation
- Ensure full compatibility with assistive technology like screen readers
- Use highly contrasting colors
- Provide alt text for meaningful images
- Use proper heading structures
- Include captions and transcripts for videos
- Design accessible forms
- Maintain responsive and flexible design
- Avoid using color as the only means of conveying information
- Use descriptive URLs and link text
- Ensure consistent navigation
- Allow for content to be increased and decreased in size
- Try to avoid auto-replaying media
- Use simple and clear language
- Include an accessibility statement
- Ensure your website does not feature content that can induce seizures
- Make sure your online documents are accessible
- Regularly update and maintain accessibility features
Additionally, we found it helpful to conduct regular testing and evaluations to identify and address any accessibility barriers, which can occur as websites update and change over time.
Supporting Content
The European Accessibility Act
What is the European Accessibility Act?
The European Accessibility Act (EAA) is a landmark legislation aimed at enhancing the accessibility of products and services for people with disabilities across the European Union. The EAA represents a crucial step in creating a more inclusive market, promoting equal opportunities, and fostering social inclusion.
It is set to significantly impact digital and physical accessibility across Europe. Adopted in 2019, the Act is set to be fully implemented by June 28, 2025. There will be a wide range of products and services—including websites, apps, ATMs, e-commerce platforms, and more— that will be accessible to everyone, including people with any and all forms of disability.
The EAA mandates that businesses that provide services or sell products within the EU must comply. Non-compliance with the European Accessibility Act can result in severe financial penalties, legal repercussions, and detrimental media exposure, which may harm an organization’s reputation.
Specific consequences may include fines, removal of non-compliant products or services from the EU market, and, in some cases, the suspension of the organization's right to do business within the EU.
Key Areas of EAA Compliance
- Guidelines (WCAG) 2.1, level AA.
- Digital services
- Electronic communications
- Self-service terminals and kiosks
- E-books and digital publications
The goal of the European Accessibility Act is to ensure that a wide range of products and services across both public and private sectors are accessible to people with disabilities, promoting inclusivity and equal access to all.
Supporting Content
Closing Thoughts
Making your website accessible is not only a legal requirement, but also an ethical responsibility that can yield several benefits for your business. When you prioritize accessibility, you're opening your digital doors to everyone, regardless of their abilities. This not only fosters inclusivity but can also expand your customer base and improve your brand reputation.
While the task of making your website accessible might seem daunting, there are a wealth of resources and tools available to help you. From web accessibility guidelines to automated testing tools, you can find the support you need to make your website inclusive.
Remember, accessibility is an ongoing process, but with the right approach and commitment, you can create a website that welcomes and accommodates all users.
Resources for Web Accessibility
It’s important to refer back to different articles in order to stay up to date with the ever changing laws and regulations according to the ADA and WCAG.
- https://accessibe.com/glossary/web-accessibility-initiative-wai
- https://accessibe.com/blog/knowledgebase/diy-the-full-guide-to-testing-your-websites-accessibility-wcag-and-ada-compliance-level
- https://accessibe.com/blog/knowledgebase/benefits-of-web-accessibility
- https://accessibe.com/blog/knowledgebase/importance-of-web-accessibility#:~:text=An%20accessible%20website%20is%20essential,a%20legal%20requirement%2C%20as%20well
- https://accessibe.com/compliance/wcag-21
- https://6576634.fs1.hubspotusercontent-na1.net/hubfs/6576634/Accessibilitycom-2024-Website-Accessibility-Lawsuit-Complete-Report-accessible.pdf
- https://www.onelive.com/ecommerce - includes accessibility audits in sites we build
- https://www.ada.gov/resources/disability-rights-guide/
- https://www.wcag.com/resource/what-is-wcag/
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