The Critical Importance of ADA Compliance
At the signing of the Americans with Disabilities Act (ADA) in 1990, the concept of the Internet as it is known nowadays hardly existed at all. Back then, accessibility meant physical accessibility – wheelchair ramps, Braille signage, and accessible restrooms. In the contemporary world, everything has been transformed radically; people buy goods, communicate, work, and study online. Thus, the interpretation of ADA has also changed. Digital accessibility is not just a morally right choice anymore, but the necessity prescribed by the laws. However, ADA compliance is much more than the mere prevention of lawsuits; it is the creation of a better web experience for everyone.
1. The Legal Implication: The Modern Interpretation of the ADA
According to Title III of the ADA, discrimination on the basis of disability in places of public accommodation is prohibited. Previously, such term used to be interpreted strictly as places like restaurants, hotels, retail stores, etc. However, in the era of Internet, when more and more things are done in the online space, the legal interpretations had to change. Numerous cases brought before courts have proven that websites and mobile applications are places of public accommodation.
In particular, the Department of Justice (the entity which is primarily responsible for enforcing Title III of the ADA) has always claimed that ADA applies to websites and web content as well. Lack of accessibility on a website creates the same problem as lack of access to physical space through a flight of stairs without a ramp, for example. If a blind person cannot use a screen reader to navigate through an e-commerce website to make a purchase, he or she is denied service.
The consequences of ignoring this aspect of ADA law are severe. First, there is a rapid increase in the number of lawsuits concerning digital accessibility issues. Moreover, these lawsuits are very costly as companies face considerable legal costs and the costs associated with the emergency fixes of their problems. Apart from it, a lawsuit results in negative publicity; a company gets branded as a discriminatory one. Hence, it becomes crucial to ensure compliance and avoid unnecessary risks.
2. Ethical Considerations: Advocating for Inclusion and Human Rights
While compliance with the law is a significant motive to pursue digital accessibility, the primary reason to prioritize ADA compliance is ethical. Accessibility to information, services, and technologies is becoming an essential human right. In particular, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) explicitly mentions digital accessibility as an issue.
First of all, it is crucial to understand the scale of the disabled community. According to the World Health Organization (WHO), approximately 1 billion people (i.e. 16% of the world population) have disabilities. Among them, there might be visual impairments, hearing loss, cognitive, motor and dexterity limitations, etc. By building inaccessible digital solutions, one actually excludes a vast portion of the world population from being able to use them.
Imagine that you rely on a screen reader to navigate on the Internet, but all the websites lack the alt text for the images and you are deprived of receiving crucial information about the website. Imagine that you cannot use a mouse because of motor impairment, but you cannot use the main navigation menu on an important government service portal. These are not minor problems; they are severe obstacles to independence, employment, education, and civic engagement.
By complying with ADA guidelines, one sends a clear message that everyone is valuable and everyone deserves the access to the company's digital solutions. This is a transition from the design of a website or an app for the average user (an abstract creature that does not exist) to the design for diverse humanity.
3. The Hidden Return on Investment: Business Benefits of Accessibility
Many people are concerned about the costs required for the compliance with ADA guidelines and are sure that the return on investment will be minimal. In fact, the opposite is true. The issue of accessibility is synonymous with a good business strategy and good design. There are many benefits of accessibility, and they all add up to the successful business performance.
Expanding the Market Reach
As stated above, the community of people with disabilities is vast. In particular, in the US, the CDC claims that 1 in 4 adults has disabilities. This group has enormous purchasing power and is commonly called "Purple Pound" or the "disability market". Moreover, this market consists of friends, family members, and allies who value companies with inclusive practices. With an accessible solution, one opens the doors to this massive segment of market and achieves increased traffic, conversions, and revenue.
Boosting SEO
The principles of accessibility and the best practices of SEO go hand in hand. Search engine crawlers (Googlebots) are actually the ultimate blind users. They cannot see images or videos; they can perceive only texts and structural elements of the page.
When implementing accessibility features, one also optimizes for search engines. For example:
Semantic HTML: Proper use of heading tags (H1, H2, H3) helps a screen reader to navigate through the page, but also helps search engine to determine the hierarchy of content.
Alt Text: Descriptive alternative text for images makes them accessible for visually impaired users and gives keywords and context to search engines, thus making images rankable in image search.
Transcripts and Captions: Text alternatives to multimedia content are helpful for deaf users but also make content search engine friendly and rankable.
Improving UX
In many cases, the features that make a website more accessible also help non-disabled users in the same way. The phenomenon is usually referred to as "the curb cut effect". (The idea of the curb cut effect is that the sidewalk's curb cuts were designed for wheelchairs but are widely used by stroller, delivery carts, and bicycle owners).
When it comes to websites and other digital products, high contrast makes text more legible for visually impaired users but also makes it readable when one tries to read on a smartphone in the bright sun or when his or her screen is dimmed. Closed captions are necessary for deaf community, but they are also extremely helpful for those who are listening to a video in the noisy environment or in the quiet environment (library). Large and easily clickable buttons help motor impaired users, but also help everyone using mobile devices on a bumpy train ride. When designing for extremes, one creates a more robust and intuitive experience for everyone.
Building Brand Loyalty and Positive PR
People become increasingly values-driven in the contemporary world. Consumers tend to choose the companies that show social responsibility and stand for equality. Accessible website is the obvious manifestation of such values. When the users (disabled and non-disabled ones) notice that an organization cares about them, it builds trust and brand loyalty. A difficult to use website will send users to competitors' sites immediately.
4. Measuring Compliance: WCAG
While ADA is the law and the basis of the compliance, what exactly one needs to do to achieve compliance? The answer is Web Content Accessibility Guidelines (WCAG). Created by World Wide Web Consortium (W3C), WCAG is the international standard of accessibility.
Although the ADA does not prescribe any technical standard of accessibility, the courts and the DOJ consistently reference WCAG (version 2.1, Level AA) as the acceptable standard of compliance.
WCAG is based on the four principles of the web content, which are usually remembered with the acronym POUR:
Perceivable: Information and the components of user interface should be presented to users in the way which allows perceiving it. Nothing can be invisible to the users. (For example, alternative text for images makes them perceivable with the screen reader).
Operable: User interface components and navigation have to be operable. The interface cannot require interaction that a user cannot perform. (For example, all the functionalities have to be accessible via a keyboard without mouse).
Understandable: The information and user interface operations should be understandable. (For example, making text readable and predictable and clear error messages on the forms).
Robust: The content should be robust enough to be reliably interpreted by a wide range of user agents (including assistive technologies). (For example, valid and semantically correct HTML code).
Conclusion: A Never-Ending Process
Thus, learning the importance of ADA compliance is the first step. However, it is crucial to remember that the issue of accessibility is not a one-time project which can be checked off the list. Whenever a website or application evolves (new content, features, or redesigning) accessibility should be taken care of. Use our free single page scanner to check for ADA compliance or use our full site scanner for your entire website.
Accessibility requires building an accessibility culture within the organization: training developers in semantic HTML and ARIA roles, teaching designers about color contrast and focus states, etc. Moreover, it requires the regular testing of the website, both automatic (using scanning tools) and manual (users with disabilities).
The effort is great, but the pay-off is enormous. By following the ADA guidelines, one avoids the lawsuits, improves SEO, enhances the user experience of everyone and opens a broader market. Most importantly, one contributes to the creation of an inclusive, fair, and accessible digital world.