The Department of Justice (DOJ) recently published guidance on how businesses can ensure that their websites are accessible to people with disabilities. Websites are required to be accessible to people with disabilities under the American with Disabilities Act (ADA).
Inaccessible web content means that people with disabilities are denied equal access to information. Some websites create unnecessary barriers that can make it difficult or impossible for a person with a disability to access them.
Website accessibility barriers include:
- Poor color contrast
- Use of color alone to provide information
- Lack of text alternatives or images
- No captions on videos
- Inaccessible online forms
- Mouse-only navigation
The DOJ does not have a specific regulation that includes detailed standards of how to make a website accessible under the ADA, but their interpretation of the general nondiscrimination and effective communication provisions applies to web accessibility.
Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division stated, “We have heard the calls from the public on the need for more guidance on web accessibility, particularly as our economy and society become increasingly digitized. This guidance will assist the public in understanding how to ensure that websites are accessible to people with disabilities. People with disabilities deserve to have an equal opportunity to access the services, goods, and programs provided by government and businesses, including when offered or communicated through websites.”
The full guidance on web accessibility and the ADA published by the DOJ can be accessed here.
Compliance Perspective
Issue
The ADA prohibits discrimination against people with disabilities in everyday activities, which includes website accessibility. A website that is difficult or impossible to navigate for an individual with a disability can be considered a violation of the American with Disabilities Act, and can result in civil and monetary penalties.
Discussion Points
- Review your policy and procedures for website accessibility for people with disabilities. Update your policy as needed.
- Train all appropriate staff, including the information technology department on your policy for website accessibility for people with disabilities. Document that the trainings occurred, and place the signed document in each employee’s education file.
- A company’s website should be periodically audited to ensure it contains no barriers for people with disabilities.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
