What attorneys should know about automated website accessibility tools

Website accessibility is a fast-growing area of legal liability, with fines and settlements ranging up to tens of thousands.

Reports show that the number of plaintiffs who have filed an ADA Title III lawsuit has increased by 320% since 2013.

Web Content Accessibility Guidelines (WCAG) conformance is a sticky area for businesses to get right. Most website and business owners don't have the skill set to achieve full website accessibility on their own. Many also don't have the financial resources to devote to top-notch accessibility compliance.

Thanks to this pain point, a number of automated tools have come onto the market. Some of these tools promise business owners that for a low monthly fee, all their website compliance needs will be filled.

Unfortunately, this is not the case. Automated website accessibility tools can play a valuable role in improving accessibility compliance. But, if not used in the right way, they can also leave website owners wide open to liability.

Are you an attorney who deals with accessibility compliance cases?

Keep reading for more information on the uses and limitations of compliance automation.

Automated Website Accessibility Tools Can Lower Costs For Businesses

Comprehensively remediating a website can be a costly, involved undertaking. Depending on the size and complexity of the website, auditing and remediation can take time. It can also require a fair financial outlay from business owners.

Many smaller businesses simply can't afford the cost of complete compliance. This is a well-recognized problem in the market.

Enter website accessibility tools. So far, these tools have been a double-edged sword.

Automated tools can play a role in reducing the barriers to full remediation. However, they aren't a turnkey solution.

Automated tools can quickly scan huge amounts of data. Through this, they can identify basic compliance issues, such as missing alt tags. Alt tags are one of the five most common accessibility barriers.

Automated tools can also uncover error patterns. This allows developers to get a top-down view of remediation needs.

The data that automated AI tools generate can help developers:

Sort through issues
Determine which accessibility issues are the most important to a website's usability
Identify less significant issues
Create a tailored remediation plan that targets the most critical accessibility barriers

All combined, AI tools can help developers maximize the efficient use of their time. This can result in cost savings which then get passed down to the website owner.

However, automated accessibility is still very far from being a one-stop remedy.

Automated Tools Are Not Enough to Ensure Website Compliance

Compliance automation can improve efficiency and drive down costs. Unfortunately, relying solely on automated tools leaves site owners wide open to liability.

Automation tools can help developers identify accessibility gaps. However, this doesn't mean they're a replacement for manual testing and remediation.

The pattern-spotting capabilities and speed of automated tools allow developers to scan vast amounts of codes within seconds. But, a compliance automation tool cannot pick up everything.

For instance, let's say an eCommerce site has a product image of a pair of black leggings. The alt tag should say "black leggings." But instead, it says "black jeggings." Jeggings and leggings are two different product types.

The shopper is looking for a pair of leggings. They do not want thicker, jean-like jeggings.

A small discrepancy like this will pass under the radar of an automation tool. For a customer who's visually impaired, it could be a source of frustration at best. At worst, it could lead them to buy the wrong item of clothing.

This is just one small example of the things an automated tool will miss. Compound this (and other issues) over an entire site? It will stand zero chance of achieving accessibility compliance.

Thanks to these capability gaps, the US government specifically warns against automated-only remediation. As per the General Services Administration website:

"Automated scanning cannot determine if a website is accessible or conformant with accessibility standards. Many accessibility checks require human judgment and must be evaluated manually using different techniques."

The Problem With AI Overlays

As we've outlined, automated tools haven't yet reached the stage where they're a set-and-forget service. This in and of itself isn't a problem. The technology is already assisting developers in creating more efficient website compliance processes.

The main problem lies in the marketing of compliance automation.

There are a variety of services that offer what's known as AI overlays. Some of these services hint that AI overlays can render sites completely ADA-compliant. A simple injection of code, a small monthly fee, and no more website compliance worries.

Most AI overlays don't specifically guarantee accessibility compliance. However, certain buzzwords can effectively overstate product capabilities.

Site owners are led to believe that automated detection will protect them. Ongoing remediation processes that work in the background are supposed to keep their site accessible.

Site owners are desperate for affordable, scalable solutions. If a web accessibility overlay promises a quick, cheap fix, it's likely to rake in business.

Unfortunately, site owners who believe these marketing claims can land in serious trouble.

One example of this is the recent Eyebobs lawsuit. Last year a visually impaired plaintiff won a class action lawsuit against the eyewear company, even though Eyebobs had deployed a market-leading web accessibility overlay.

This is just one example.

Reports show that 250 lawsuits were filed against businesses using overlays during 2020 alone.

How To Make a Website More Accessible

Now that we've covered what makes a website accessible, let's apply that information, so your clients' websites don't miss the mark. An excellent way to make a website more accessible is to offer an alternative way to consume media.

Many websites contain audio and video content to make the website more informational and interactive. If there is any audio content on your client's site, make sure they add a transcription of the audio. For any video content, it is best to add captions properly synced with the content and audio that is clear to hear.

How Site Owners Can Achieve Comprehensive Website Accessibility

Website accessibility is no longer something site owners can afford to forget.

So how can businesses effectively comply with the Web Content Accessibility Guidelines? Relying on automation tools is a risky route. Although AI overlays can improve website accessibility, they won't render sites ADA compliant.

To protect themselves and move the needle on accessibility, site owners need to look further.

The leading accessibility services use software solutions combined with in-depth manual processes.

For instance, at Biz Builders, our clients receive manual audits, implementation, and confirmation. Through tailored implementation plans, we are also able to balance costs and timing with compliance.

All site owners need to do is request an accessibility report to get the ball rolling.

5 Most Common Website Accessibility Barriers

Here is our list of the 5 most common Website Accessibility barriers found on websites today.

Headings & Layout, Navigation, Alternative Text and Tags, Structure of Forms, and Non-HTML Content

Developing a website to comply with website accessibility standards will include an approach based on Web Content Accessibility Guidelines (WCAG). The guidelines are designed for those with disabilities who would otherwise be unable to use the website they were hoping to navigate. For those with visual impairments, many issues may inhibit a user from using a website. The layout, headings, navigation, non-HTML content, missing, or inaccurate alt text affect the ability to use screen readers or other applicable technology properly.

Typically relying on keyboard commands, screen readers provide information about icons, files, folders, and other text found on the screen. All operating systems include a screen reader, and many can read all or parts of visible text on a page. To fully comply with a screenreader, however, a website must be created with website accessibility in mind. Technology supporting those with disabilities rely on well structured, accessibility enables code. Errors in code or faulty creation can triggers errors in screen readers and other technology used.

Here are a few of the most common compliance barriers for users with visual impairments:

Headings & Layout

Proper use of web headings is critical in allowing the user to find what they are looking for on a page. Rather than using headings decoratively, placing them in a descending order that is logical will increase the likelihood of an impaired user interpreting the web page correctly. Screen readers vary in complexity and ability to understand CSS or HTML. This can create issues when a screen reader must determine what sequence the text is presented. Screen reader technology also allows users to search for text on-screen, while these users rarely will read an entire web page. With this in mind, structuring HTML in a logical order that reads left to right/top to bottom will increase the likelihood of compliance with screen reader technology.

Navigation

Navigation is not detected by screen readers, meaning if not labeled accordingly, it will trigger a screen reader to read the text forcing a user with visual impairment to listen to the navigation over and over again each time a new page loads. Creating navigation that is website accessible allows the screen reader to skip over this text.

Alternative Text and Tags for Images

Alternative tagging on images must convey the content of the image. Images within a website can comply with accessibility standards, as long as tagging and descriptions are used correctly. Shorty and concise descriptions allow users to navigate content quickly as needed. Imagery with repeated alternative text should be avoided as screen readers will read each image descriptor, over and over again. Decorative images must be labeled accordingly, and having missing alternative text will negatively impact your web presence. Alternative text with no information, or a null attribute, will announce a non-descriptive image, which will create confusion for the user. If the image is critical in understanding the context of the page, the user will be unable to use the web page.

Structure of Forms

Labeling forms on a page is critical in enabling the use of the feature for those users with visual impairments. Forms are often a common barrier for users with disabilities as they are commonly misrepresented by screen reader technology. To fully comply with accessibility standards, clearly label each text box, button, and any use of captchas, as well as an alternative function enabling audio. Any errors made by the users must be prompted by displaying error text to the user if a form error occurs.

Non-HTML Content

Additional content, including PDF presentation, typically includes compliance barriers for those users with disabilities. Tagging PDFs for navigation by a screen reader is possible, while other document types offer technology within the software.

What does it take to make a website compliant?

Web programmers specializing in compliance barriers will review the code on your current site, looking for areas that would greatly benefit from ADA compliant website improvements. Understanding the goals of the website and the volume of improvements needed, an implementation plan is developed. How customer data is stored, managed, and used is also reviewed for GDPR and CCPA compliance. Remediation of compliance barriers can span from full website creation to tweaks and changes to balance costs and timing with compliance. Recommendations to best manage customer information are provided and a policy is developed. Following any changes, documentation of the improvements and ongoing testing and maintenance is performed.

What happens when your website is not compliant?

When your website is not ADA compliant, you could face serious financial setbacks in fines and penalties. A company’s first violation of ADA compliance can be anywhere between $55,000 and $75,000. A second violation increases to $110,000 to $150,000. If your site doesn’t utilize ADA compliant website design at all, it may become more difficult to keep up with the changing standards when it’s time to switch. Having a baseline of following ADA accessibility standards will make it easier to upgrade when guidelines change.

Businesses are liable for website accessibility barriers

Websites are liable for Website Accessibility barriers, accessibility lawsuits are costing website owners thousands. Here is how to be prepared and mitigate the risk.

The impact of a non-accessible website? Thousands of dollars.

Hundreds of website accessibility lawsuits citing the Americans with Disabilities Act have been filed annually. Many organizations continue to delay the inevitable, are unfamiliar with website accessibility, or expect to address the issue when and if it presents itself—delaying the implementation of a website accessibility policy and approach until after a demand letter is received, is not recommended. ADA demand letters specific to the website or application will cite the inability to use the website. Website accessibility complaints will further state the organization is violating the American with Disabilities Act - Title III - disability discrimination in places of public accommodation. While the code does not state websites explicitly, a precedent is in place by a variety of cases that have ruled the physical presence of business extends virtually (i.e., a website). Standards have been put in place (Website Content Accessibility Guidelines - WCAG) that dictate the guidelines of an accessible website to accommodate people with hearing, visual, cognitive, or motor disabilities.

A proactive approach to website accessibility mitigates the risk of the expense and time of a lawsuit. A range of companies has experienced website accessibility complaints, most notably Dominos Pizza, Dave & Busters, and even Beyonce. Based on the present information available, we expect the recent number of accessibility lawsuits to continue. Year after year, the number of people with disabilities and the number of people using the internet continue to rise. Sixty-one million adults in the U.S., or 26% of the U.S. adult population, are living with a disability, according to the CDC. An estimated 90% of Americans use the internet in 2019, up from 83% in 2015. Prevention of the use of essential internet features and functionality is affecting the lives of people with disabilities.

Many of the lawsuits claim the prevention of the use of the website is a violation of their rights. In 2018, there were thousands of website accessibility lawsuits filed tripling from the previous year. Most notably and recently, the Dominos Pizza lawsuit was upheld by the Ninth Circuit Court of Appeals, stating in January 2019 that the ADA applies to websites and mobile apps. The Ninth Circuit's opinion was further validated when the U.S. Supreme Court refused to take up the case following their decision. Many businesses, large and small, have taken the initiative towards compliance, including Twitter, Facebook, Google, and Youtube. Some organizations are hoping to delay the cost as long as possible. In contrast, others feel the moral aspect of ensuring an online organization presence is worth the short term of the expense of not being digitally accessible.

What does it take to make a website compliant?

Web programmers specializing in compliance barriers will review the code on your current site, looking for areas that would greatly benefit from ADA compliant website improvements. Understanding the goals of the website and the volume of improvements needed, an implementation plan is developed. How customer data is stored, managed, and used is also reviewed for GDPR and CCPA compliance. Remediation of compliance barriers can span from full website creation to tweaks and changes to balance costs and timing with compliance. Recommendations to best manage customer information are provided, and a policy is developed. Following any changes, documentation of the improvements and ongoing testing and maintenance is performed.

WEBSITE COMPLIANCE IS THE NEW STANDARD

What happens when your website is not compliant?

When your website is not ADA compliant, you could face serious financial setbacks in fines and penalties. A company’s first violation of ADA compliance can be anywhere between $55,000 and $75,000. A second violation increases to $110,000 to $150,000. If your site doesn’t utilize ADA-compliant website design at all, it may become more difficult to keep up with the changing standards when it’s time to switch. Having a baseline of following ADA accessibility standards will make it easier to upgrade when guidelines change. In short, your website does not perform as well on search engine rankings when you do not adhere to ADA-compliant web design.

What is website accessibility and why does it matter?

ACCESSIBILITY COMPLIANCE is mandatory for any online property owned and operated by a business - adding more complexity to the changing digital landscape.

Online Accessibility Applies To All Websites

Web accessibility refers to websites, online technology, online tools, online products, and online services - created, designed, developed, and managed to allow for individuals to use them. Providing reasonable accommodations for those with disabilities allows for the ability to understand and navigate the internet. This applies across devices and third-party affiliates. Online Accessibility is now standard for any online property owned and operated by a business - adding more complexity to the changing digital landscape for business owners.

The most common website accessibility barriers may require text resizing, compliance with screen reader technology, or the use of graphics. As well as closed captioning, as over 10% of American adults are visually impaired, and over 15% of the population reports loss of hearing. Over 55 million people in the United States report living with a disability, according to the Census Bureau. According to a study of digital usage patterns (Pew Research Center 2016), Americans with a disability are 3x less likely to go online because of some factoring limiting their ability to do so. A range of cognitive impairments, including dyslexia, processing disorders, as well as color blindness and motor challenges, may also limit someone's ability to navigate the web properly. Users may find it difficult to distinguish between text and background color, navigation links, and small text may be challenging to use, and some may not be able to use a keyboard or mouse.

Accommodations for users with disabilities include reliance on braille screen readers, text-to-speech screen reader technology, screen magnifier software, keyboard assistance for ease and accuracy, as well as subtitles or sign language video conversion for deaf users.

The Web Content Accessibility Guidelines (WCAG) are a series of testing criteria to help guide website owners in creating a website that is more accessible to those with disabilities. The number of website accessibility lawsuits is increasing, and all sites are at risk of being sued if they do not demonstrate they are accessible to people with disabilities.

Preparing for Online Compliance can mitigate risk. From small businesses to Fortune 500 companies, WCAG 2.0 guidelines will continue to be a mandate for any business operating with an online presence. Proving that a business continues to comply with the standard is critical in avoiding potential lawsuits. This does not guarantee protection but supports the claim of an Online Compliance Policy and Strategy. One hundred percent accessible website is a rare thing on the internet.

The web continues to mature, and sites continue to evolve. As a business grows, an Online Compliance Policy and Strategy follows. Online Accessibility is a complicated endeavor, and expertise to support business challenges is available.

Online compliance is an ongoing process

When an audit is performed, the options available to a business include a range of strategies and tools. A quick to market, value-focused, implementation strategy prescribed uniquely to each business challenge. Following implementation, ongoing proof of operation within compliant guidelines is recommended.

Audit

An in-depth audit will outline areas of an online presence that require attention.

Implement

A cost-effective, time-sensitive implementation strategy will be uniquely developed for each business challenge.

Confirm

Once implemented, a thorough review of all changes is tested and documented.

Substantiation

A complete report is developed and maintained continuously as bi-annually audits are conducted.

Being compliant online does more than just protect a business from a lawsuit

Web accessibility and ADA-compliant website design services aren’t just for the people that need it; it can also help your company stand out on the internet and boost your visibility. When you use our ADA compliance solutions, it makes a huge impact on your SEO. Your visibility increases and more people can access your site, which in turn increases your CRO. Planning for the next change in web accessibility is important. If your website is already ADA compliant, then when standards update or scope of authority increases, you’re ready for those changes.

The Landscape of Web Accessibility Lawsuits: A Closer Look

More than 98% of today's websites aren't as accessible as they should be, causing them to face potential web accessibility lawsuits. To ensure that your clients’ websites do not face any web accessibility lawsuits, it is best to educate them on how to make their website accessible for all types of users.

To help your clients better understand the importance of accessibility, there are some important guidelines they should follow. For more information about these guidelines and lawsuits where accessibility were at the forefront, please continue reading below. We will cover what you need to know about web accessibility and who you can contact for more information.

Website Accessibility Laws

In 1990, President George Bush signed the Americans with Disabilities Act. This prohibited discrimination against differently-abled people. This civil rights law prohibits employers, public services, and public accommodations from discriminating against those with disabilities.

Website accessibility falls under the Title III portion of the ADA, making it against the law to discriminate against disabled people from being able to use public services. Although website accessibility falls under Title III, no current formal laws enforce website accessibility.

To avoid the possibility of web accessibility lawsuits, businesses generally adhere to WCAG guidelines to meet ADA compliance for web accessibility. There are no specific laws in place to monitor web accessibilities because websites aren't explicitly declared as a public accommodation.

Major Web Accessibility Lawsuits

There are several different high-profile cases that have made the headlines because their website design lacked accessibility options for differently-abled people.

Netflix

For example, in 2012, the National Association of the Deaf filed a lawsuit against Netflix because they did not have an adequate amount of closed captioning on most of its content. At that time, Netflix was the only online movie-watching service, and they did not reasonably calculate the needs of every one of its users.

Nike

Nike faced a lawsuit in 2017 because their website was inaccessible to visually impaired people, violating the Title III website accessibility rules. Visually impaired individuals rely on screen-reading software to read text from a website out loud, so they know what is in front of them.
For this type of software to work, a website must be designed in a way that allows screen-reading software to be compatible with it. Nike failed to design their websites with this in mind, making it nearly impossible for the visually impaired to use its website without the assistance of someone else.

Amazon

Everyone's favorite go-to website for everything was sued in 2018 because of the accessibility challenges imposed on visually impaired people. Similar to Nike, these users' main complaint was that their screen readers could not read the information on the website or their app.

How To Build a Compliant Website

To ensure that your website or your client's website stays compliant, it is best to work with a company that thoroughly understands Web Content Accessibility Guidelines (WCAG). As mentioned earlier, there are no specific or formal laws for website accessibility, but that does not mean that you can't get sued by someone for not making your website accessible.

Do an Audit of the Website

Auditing your website is the most crucial first step to take in being compliant. When you run an audit on your website, you can pinpoint what issues you have and how you can fix them. If you are unsure how to address these issues, you can reach out to a specialist to explain to you the next steps to take.

Consistently Check and Update Your Website

As our digital landscape continues to advance, the needs of disabled people change too. With that in mind, it is crucial that you keep yourself up to date with the changing regulations and laws.

Data on ADA-based Cases

In 2021, there have been over ten claims a day where a company's website, video content, or mobile app was not compliant with ADA regulations. The average damage that a client claimed was about $400 under the Unruh Act.

Prep for More Than One Lawsuit

It wasn't uncommon for a company to face more than one ADA lawsuit. The first lawsuit typically entails how their website is not compliant, and the second goes for the mobile app.

It is possible for several different parties to pursue a lawsuit against a company. As a general rule, if one person could find fault in the design of a website or mobile app, there will be others who have encountered the same issue. No matter how often a settlement is reached, a company can receive multiple ADA lawsuits until the problem is fixed.

How To Help Clients Seeking Counsel

It is best to educate your clients about the potential issues with their websites if they lack accessibility options. Most companies focus more on their website designs and getting their businesses off the ground because of the demand for e-commerce. Instead of rushing to the finish line to get a website out into the world, you want to ensure your clients are well aware of web accessibility standards.

What Are Web Accessibility Standards?

Now that we've covered what makes a website accessible, let's apply that information, so your clients’ websites don't miss the mark. An excellent way to make a website more accessible is to offer an alternative way to consume media.

Easy To Hear and See Content

As mentioned above, you want to ensure the content is clear. You also should ensure that the content is easy to see and read.

Some individuals are color blind and cannot see specific colors on a screen. If there is content that contrasts with particular colors, they may need help to be able to read it. To ensure that your clients stay compliant, the website should feature an option to adjust or turn off any audio.

Ample Time To Navigate Through Content

Users should be able to watch, use, and read website content without being rushed. If there are time limits to get through any content, users should have the option to extend or stop the time.

This also applies to any drop-down menus. The user should be able to navigate the drop-down menu without it disappearing quickly.

To ensure they can, it is recommended to have a time delay. This gives the user ample time to go back to the menu if they hover off the content.

Avoid the Possibility of Web Accessibility Lawsuits

In today's day and age, online shopping has become the new norm. From putting in food or item orders and picking them up the same day to setting up appointments for the local dentist, almost everyone has a website or an app for their business. Many people design their websites without accessibility in mind. This, unfortunately, can lead to web accessibility lawsuits.

To help ensure that you and your clients’ websites don't face a potential lawsuit, it is best to have website content audited to ensure it is accessible for all. Working with a reputable company, such as biz.builders, will ensure that your clients stay out of trouble when it comes to website accessibility laws. Contact us if you want to learn more about your client's website's current accessibility rating and how to make sure everyone can use their websites without any issues.