Accessibility Basics, Part One. U.S. Laws and the WCAG.

Accessibility can be confusing, especially when determining which standards apply to each business.

Suppose you are starting to investigate digital accessibility for your website or application. In that case, you’ll likely come across terms like the Web Content Accessibility Guidelines (WCAG), the Americans with Disabilities Act (ADA), and Section 508.

Does it get confusing quickly? Absolutely.

For this edition of our Accessiblü Insights, we’ve decided to explain some of the foundational aspects of the laws and guidelines for those new to digital accessibility.

One question we repeatedly get asked is, “What are the legal requirements to be accessible?” So, Let’s start there.

When in doubt, ask your attorney.

Your attorney is always the best person to ask about anything legal.

Disability law is an area that some lawyers or law firms specialize in. Therefore, if you have received an ADA demand letter, your first action should be to contact your attorney.

If you want to know more about accessibility compliance and what you should “conform” to, read on.

The Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is a US federal law that prohibits discrimination against people with disabilities. It also requires places of public accommodation to be accessible.

Enacted in 1990, there has been debate about whether this rule applies to websites because the words “Internet” and “website” are not included.

This means there is no explicit legal requirement in the ADA for public websites to comply with specific technical accessibility standards like the Web Content Accessibility Guidelines (WCAG).

However, there have been court cases where individuals with disabilities have sued organizations for not having accessible websites and argued that the lack of accessibility violated the ADA.

In these cases, courts have generally held that websites can be considered places of public accommodation. This means that organizations may be legally obligated to ensure their websites are accessible to people with disabilities under the ADA.

However, there is no clear consensus on what specific accessibility requirements organizations must follow to comply with the ADA. That’s one reason there are so many lawsuits related to digital accessibility.

Some US federal agencies, such as the Department of Justice, have suggested that websites comply with WCAG 2.0 Level AA. This is the same standard federal agencies must follow under Section 508 of the Rehabilitation Act.

While there is no explicit legal requirement for public websites to comply with the ADA, organizations may still have a legal obligation to ensure their websites are accessible under the ADA. Complying with WCAG 2.1 Level AA is the best way to achieve accessibility.

ADA Takeaway:

The ADA may not apply to all websites. But if you want to ensure an accessible experience to everyone AND avoid a potential lawsuit, comply with WCAG 2.1, level AA.

What is Section 508?

Section 508 of the Rehabilitation Act is a US federal law requiring federal agencies to make electronic and information technology (EIT) accessible to people with disabilities.

It was enacted in 1986 and amended in 1998 to address electronic and information technology accessibility.

Section 508 requires federal agencies (not public organizations) to ensure their EIT is accessible to people with disabilities, including employees and members of the public.

The law also requires that federal agencies purchase accessible EITs and that they develop and maintain accessibility standards for their EIT.

This means that an organization that does business with any federal agency is not allowed to purchase EIT that is not accessible.

Section 508 does cover various disabilities, including visual, hearing, cognitive, and physical disabilities.

It also covers a variety of technologies, including computers, software, and telecommunications equipment.

508 Takeaway:

Section 508 only applies to federal agencies and anyone who does business with the government. It mandates that websites, software, and telecommunications technology used by the government, or created by the government, be accessible.

The Web Content Accessibility Guidelines, or WCAG.

The Web Content Accessibility Guidelines, or WCAG, is a set of guidelines created by the World Wide Web Consortium (W3C) to ensure that web content is accessible to people with disabilities.

WCAG is not a law. Instead, it is what laws often refer to when suggesting a standard for digital accessibility.

Believe it or not, WCAG has been around since 1999!

Version 2.0 was released in 2008, and WCAG 2.1 was published in June 2018.

As of April 2023, WCAG 2.2 is currently in its final recommended draft state, which means WCAG 2.2 could be released this year. (Stay tuned for that!)

Both WCAG 2.1 and 2.2 are based on the four principles of accessibility:

Perceivable, Operable, Understandable, and Robust (POUR).

WCAG provides success criteria for each principle, for 78 success criteria in WCAG 2.1.

Some of the guidelines and success criteria in WCAG 2.1 include the following:

• Making content easier to understand and use for people with cognitive and learning disabilities.
• Providing guidance on designing content for users of mobile devices.
• Providing guidance on designing content for users of assistive technology, such as screen readers.
• Making sure that content is accessible in different languages and scripts.

WCAG 2.1 is universally accepted as the standard for web accessibility.

It is used by governments, businesses, and organizations worldwide to make their web content more accessible.

Since WCAG 2.1 is the current version of these guidelines, let’s look at its four main principles: perceivable, operable, understandable, and robust.

Perceivable: Web content should be presented so that users can perceive it, whether through text, images, or other forms.

This means the content should be available to all users, including those using assistive technologies such as screen readers, magnifiers, or alternative input devices.

Operable: Web content should be operable by all users, regardless of their physical abilities.

This means the content should be able to be navigated and interacted with using controls that are easy to use by a variety of input methods.

Understandable: The language used on a page should be easy to understand.

This means the content should be written in clear, simple language so that users can quickly and easily find the necessary information.

Robust: Web content should be robust enough for various user agents to interpret, including assistive technologies, browsers, and other software.

This means the content should be created using valid and reliable coding practices to ensure various devices can interpret it.

With these guidelines, web designers and developers can create websites and web applications that are both useable and accessible by everyone, including those with disabilities.

What about the WCAG conformance levels?

The Web Content Accessibility Guidelines (WCAG) 2.1 define three levels of conformance: Level A, Level AA, and Level AAA. In addition, all criteria from each of the four principles are assigned a level.

Each level represents a higher degree of accessibility and includes all the requirements of the previous levels.

Here’s a brief explanation of each level:

Level A is the lowest conformance level and includes the most basic accessibility requirements. Meeting Level A conformance means that the website or digital content is minimally accessible to people with disabilities.

Level A includes guidelines that are considered essential for all web content.

Level AA is the middle level of conformance. It includes additional accessibility requirements beyond Level A to meet more complex situations. Meeting Level AA conformance means that the website or digital content is moderately accessible to people with disabilities.

Level AA is often the recommended conformance level in accessibility settlements and lawsuits.

Level AAA has the highest conformance level and the most stringent accessibility requirements. Meeting Level AAA conformance means the website or digital content is highly accessible to people with disabilities.

Level AAA guidelines address the most complex accessibility issues. Unfortunately, few websites have components or digital content that can satisfy all the AAA criteria, so this level is rarely recommended.

For most websites, meeting Level A or Level AA conformance is sufficient to ensure accessibility for most users with disabilities.

The four principles of WCAG

Perceivability

The perceivability principle of WCAG 2.1 refers to the need for digital content to be presented in a way that is perceivable to all users. Specifically those with visual, auditory, and other sensory disabilities.

The following are some key aspects of the perceivability principle:

1. First, provide alternative text for non-text content: Images, graphics, and other non-text content should have alternative text that describes the function or meaning for users who cannot see it.Example: Assistive technologies, such as screen readers, can read this text aloud to provide a similar experience to users with visual disabilities.
2. Provide captions and transcripts for audio and video content: Audio and video content should have captions or transcripts that accurately represent the dialog, sound effects, and other audio content.
3. Ensure that content is distinguishable from the background: Text should contrast sufficiently to make it easy to read and distinguish.This can be particularly important for users with low vision or color blindness.
4. Provide alternatives for time-based media: Time-based media, such as audio or video, should have alternatives that provide equivalent information or functionality.Example: A video tutorial may have a transcript or a step-by-step text guide that provides the same information.

Operability

The operability principle of WCAG 2.1 refers to the need for digital content to be designed and developed in a way that is operable by all users, including those with physical, motor, or cognitive disabilities.

The following are some key aspects of the operability principle:

1. Ensure keyboard accessibility: A website or app should be available using the keyboard alone, without requiring a mouse or other pointing device.This is particularly important for users with physical disabilities who cannot use a mouse or touch screen.
2. Provide clear and consistent navigation: Navigation should be clear, consistent, and predictable. Use clear labels and headings that accurately describe the content.This can help users to navigate the content and understand its structure and organization.
3. Provide clear and understandable instructions: Instructions should be clear and easy to understand. Avoid or minimize the use of jargon or technical language.This can help users to understand how to use the content and any interactive elements.
4. Use appropriate timing and animation: Avoid using timing and animations. This can cause seizures or other adverse reactions in users with epilepsy or other conditions.Users should also have control over any time-based content, such as videos or slideshows, so that they can pause, stop, or rewind as needed.

Understandable

The Understandable Principle of  WCAG 2.1 refers to the need for digital content to be presented in a way that is understandable to all users, including those with cognitive, language, and learning disabilities.

The following are some key aspects of the Understandable Principle:

1. Use clear and simple language: Write using plain language that is easy to understand. Avoiding using jargon, technical terms, or complex sentence structures.This can help users with cognitive and language disabilities better comprehend the content.
2. Logically organized content: Content should be collected in a clear, logical manner that is easy to follow.Example: Use headings, subheadings, and lists to break up content into manageable sections. This makes it easier for users to navigate and understand.
3. Provide supplemental information and definitions: Complex or technical terminology should include definitions or explanations to help users understand the meaning.Example: Provide additional information, such as diagrams, images, and video tutorials, to help users understand complex concepts.
4. Provide feedback and error messages: Forms and other interactive elements should provide clear feedback and error messages that are easy to understand, helping users to correct any mistakes or errors.

Robust

The Robust principle of WCAG 2.1 refers to the need for digital content to be developed using technologies that assistive technologies can support.

The following are some key aspects of the Robust Principle:

1. Use accessible technologies: Develop content using technology that’s accessible to a wide range of users, including those with disabilities.Example: HTML and CSS are widely supported by user agents and assistive technologies and are recommended for developing accessible content.
2. Use valid code: Use valid, well-formed code that conforms to the World Wide Web Consortium (W3C) standards.This helps content to be more compatible with various user agents and assistive technologies.
3. Provide alternative content: Provide alternative formats, such as text alternatives for images and video captions or transcripts, to ensure that users with disabilities can access the content using assistive technologies.
4. compatibility test: Digital content should be tested for compatibility with various user agents and assistive technologies, including screen readers, voice recognition software, and other assistive technologies.

Following these guidelines is a great way to make your digital content more accessible to a broader range of users, including those with disabilities.

This ensures that all users have equal access to information and services and can participate fully in the digital world.

WCAG Takeaway:

WCAG 2.1 AA is the best way to ensure everyone can access information and services equally. While not a law, it does make good business sense. Not mention it can increase the reach and impact of a website or web application.