Accessible Website Design

Does your Website Need to be Accessible?


Accessible Website Design and Why it's Important

Last Updated: 08 October, 2023

Scales of Justice next to a Laptop.

In a word, yes… an emphatic yes!


Why, you ask? Because of a steady and dramatic increase in ADA Title III lawsuits in federal court. Statistics on Title III lawsuits were first compiled in 2013, with a total of 2,722 lawsuits filed across the nation. By 2021, that number had increased to 11,452, with year over year increases ranging from 4% to 63%.


These numbers can be slightly misleading, however, even though they demonstrate a sharp increase in the number of lawsuits. For one thing, it’s much easier to quantify the number of federal lawsuits, but the number of suits filed at the state level can be much harder to track. Another key point is that many cases originate with a demand letter, but are settled before they progress to a suit.


For example, in 2018, 40,000 demand letters were filed. That number increased to 265,000 in 2020 – a nearly seven-fold increase. Such demand letters can seek redress of tens of thousands of dollars to avoid a lawsuit. And legal fees to defend a company can easily be hundreds of thousands of dollars, which often makes an out-of-court settlement attractive to businesses.

No Website Can Be 100% Compliant

Every person with an accessibility issue is unique - this makes being 100% compliant for all users virtually impossible. Your goal should be to be as compliant as possible for as many people as possible. Compliance is an ongoing effort of education, training, testing, and remediation wherever possible.

 

What is Involved in Website Compliance with ADA Requirements?


This isn’t a quick or simple answer, as there are many criteria involved, covering accessibility issues encountered by users who are dealing with many different disabilities. In this post, we’ll be dealing with the requirements of businesses’ websites which offer any goods, services, privileges, or activities to the general public. These are regulated under Title III of the Americans with Disabilities Act. We won’t address Title II, which regulates the requirements for state and local governments.


Most people tend to first think of users with impaired vision when website accessibility is mentioned. Poor color contrast or using color to provide guidance, failing to provide alt text on images, or a lack of closed captioning on videos are some of the major issues which present an accessibility barrier. But vision impairment is just one of many disabilities which can affect an individual’s ability to use a website.

Levels of WCAG Compliance:


WCAG Compliance is broken down into three conforming levels, each progressively more strict than the previous while still containing the rules of the previous level.


Level A Compliance:

The least strict level of compliance, Level A is the bare minimum that your website should conform to. If your website fails to conform to Level A it is generally considered inaccessible to most users with disabilities and the most vulnerable to potential litigation.


Level AA Compliance:

Considered the goal for most websites, Level AA is the minimum target we strive for at Web Narwhal. AA compliance includes all of A compliance and is considered reasonably compliant for most users.


Level AAA Compliance:

Level AAA compliance is easily the most strict level and can be impossible to achieve with certain types of website content. For example, sign language interpretation for multi-media content is a requirement for Level AAA compliance. This may be a serious challenge and burden to smaller businesses. However, Level AA compliance requires Closed Captioning which is certainly attainable by everyone.


Another example of the difference between Level AA and Level AAA compliance is color contrast. AA requires a contrast of 4.5:1 while AAA requires a contrast of 7:1. The text below demonstrates the difference with black text on a white background:


Level AA Compliance with 4.5:1 Contrast


Level AAA Compliance with 7:1 Contrast


For someone with good vision the difference is minimal, but for someone with vision issues this can make the difference between being able to read your website or not. Add to that, it is such a small thing to do there is no good reason to not make your website accessible.


Obviously, some criteria are more black & white, such as having closed captioning, alt text, descriptive anchor text, ARIA attributes. Still, becoming familiar with the requirements and proper implementation isn’t something to be relegated to a collateral duty.


You can read more about WCAG, ADA, ARIA to give you an idea of the scope of a compliance undertaking. You’ll then be better informed when deciding how to best move forward in your efforts to make your website accessible.


A woman is sitting at a desk in a library covering her face with her hands.

Hearing impairment, the inability to use a mouse, inaccessible online forms, movement or flashing entities on the screen… all these and more can render a website unusable for someone dealing with an impairment.


Essentially, there are four types of disabilities: visual, hearing, motor, and cognitive. And the methods of satisfying the requirements of each category can seem overwhelming, at first. It’s not possible to give a comprehensive list here of all the factors which must be considered and fixes which must be implemented. And while it’s important to be aware of the many areas of concern, achieving accessibility on a website isn’t something that most site owners will be able to do on their own. It’s a job for a professional accessibility expert.


There are tools which can be used to test various site criteria, but the results of some of those tools sometimes conflict with each other, making it more difficult to identify a solution. Color contrast is one of those areas where one tool may give you a failing grade while another says your page passes. But here are a few we like:


Website Accessibility Self Testing Tools:


If you’d like to do some testing of your own on your website, here are some tools you can use on a page-by-page basis to highlight any issues.


WAVE – This tool can be used either by entering a specific URL on their website, or by downloading their browser extension and running it locally.


AXE– This free browser extension will allow you to inspect the accessibility of any page in your browser.


Siteimprove – This browser extension will give you a heads-up display of all the issues on a page - or you can test via their website.


NVDA - NV Access provides a free screen reader that you can use to test how well your website performs for users with vision issues.


Bear in mind, none of these tools should be considered infallible. But they can certainly be trusted to call your attention to the most egregious issues. And that will help you decide which accessibility professional you want to trust with your compliance.


How Can Web Narwhal Help You?

Website Accessibility Design Support and Audits

Web Narwhal is always available to help with your accessibility issues, on either a new site we build for you, on your existing website, or just preparing an Accessibility Policy for you. Contact us with your needs and concerns and we will help you find a solution that is right for you, your company, and your clients.

Contact Us For More Information
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