Your Guide to HB 21: Colorado’s Groundbreaking Accessibility Law!

In 2021, Colorado enacted HB 21, a trailblazing law that mandates stringent accessibility standards for all state and local government websites and digital technologies. The deadline is July 2024! Maybe.

Referred to as House Bill 21-1110 (HB 21-1110) or the “Colorado Laws for Persons with Disabilities,” this legislation represents a significant milestone in the fight against discrimination and a clarion call for organizations to prioritize accessibility.

As the compliance deadline of July 1, 2024, looms closer, businesses and public entities in Colorado must understand the nuances of this law and develop a strategic roadmap to ensure conformance.

In this comprehensive guide, we will delve into the intricacies of HB 21-1110, its implications, and a step-by-step approach to achieving compliance, ensuring that your digital presence is inclusive and welcoming to all.

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Unraveling the Essence of HB 21-1110

HB 21-1110 is a groundbreaking piece of legislation that fortifies the protections enshrined in the Colorado Anti-Discrimination Act (CADA). It expands the definition of discrimination to encompass two critical standards:

1. Equal Access: It is considered discriminatory to exclude individuals with disabilities from participating in or benefiting from any Colorado government entity’s services, programs, or activities.
2. Accessibility Plan and Compliance: Failure to develop an accessibility plan by July 1, 2022, and to fully comply with the accessibility standards developed by the Colorado Office of Information Technology (OIT) by July 1, 2024, constitutes discrimination.

The law’s scope extends beyond mere websites, encompassing all technology, hardware, and software, both public-facing and internal, used by government entities or their employees.

This includes applications, kiosks, digital signage, documents, videos, audio files, and third-party tools.

Who is Impacted by HB 21-1110?

HB21-1110 applies to all state agencies, local governments, departments, special districts, and other instrumentalities in Colorado. This includes private entities that provide services to the public via digital platforms.

These entities must understand and adhere to the law’s requirements to avoid potential legal consequences and ensure equal access for individuals with disabilities.

However, it is important to note that HB 21-1110 does not directly apply to private businesses operating within the state.

Nonetheless, businesses collaborating with or providing services to state agencies may need to ensure compliance to maintain seamless operations and avoid missing out on potential opportunities.

Who is exempt?

As mentioned above, HB 21 primarily targets larger businesses and public-facing digital platforms. This includes e-commerce businesses, service providers, and informational websites operated by companies that interact significantly with Colorado residents.

Small businesses that don’t impact the public or those without digital operations might find themselves outside the scope of this law. However, all businesses are encouraged to consider accessibility improvements proactively.

What is Not Included in the Colorado Law?

Unlike federal laws, Colorado HB 21 does not explicitly address issues like employment accessibility within the workplace. Nor does it address the accessibility of physical spaces. Those are already addressed in the Americans with Disabilities Act.

HB 21 is strictly focused on digital accessibility, aiming to bridge the gap in services available online for disabled individuals.

Aligning with Federal Accessibility Laws

While HB 21-1110 is a state-specific legislation, it aligns with and complements federal accessibility laws, such as the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act.

The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including employment, transportation, and access to goods and services.

Although the ADA does not explicitly outline technical standards for web accessibility, the U.S. Department of Justice has identified conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as a reasonable standard.

Similarly, Section 508 of the Rehabilitation Act requires federal agencies to ensure that their information and communication technologies (ICT) are accessible to individuals with disabilities. This includes websites, software, and electronic documents.

By aligning with these federal laws and adhering to the WCAG standards, organizations in Colorado can not only comply with HB21-1110 but also mitigate potential legal risks associated with accessibility violations under the ADA and Section 508.

The Consequences of Non-Compliance

HB 21-1110 carries significant penalties for non-compliance, underscoring the importance of taking proactive measures to ensure accessibility.

Individuals with disabilities who are subjected to discrimination due to non-compliance can initiate civil lawsuits against the offending Colorado government entity.

The potential penalties for non-compliance include:

• Court orders mandating compliance
• Monetary damages
• Attorney’s fees
• A statutory fine of $3,500 payable to each plaintiff for each violation

It is crucial to note that liability for non-compliant content lies with the government entity responsible for managing that content, while liability for non-compliant platforms lies with the entity managing the platform hosting the content.

Understanding the WCAG Standards

At the heart of HB 21-1110 lies the Web Content Accessibility Guidelines (WCAG), a set of internationally recognized standards developed by the World Wide Web Consortium (W3C).

These guidelines provide a comprehensive framework for making web content accessible to individuals with disabilities, including those with visual, auditory, physical, cognitive, and neurological impairments.

The current version, WCAG 2.2, outlines four fundamental principles that must be adhered to:

• Perceivable: Information and user interface components must be presentable to users in ways they can perceive.
• Operable: User interface components and navigation must be operable.
• Understandable: Information and the operation of user interfaces must be understandable.
• Robust: Content must be robust enough to be interpreted reliably by a wide variety of user agents, including assistive technologies.

Each principle is further divided into specific guidelines and success criteria, providing clear benchmarks for achieving accessibility. While WCAG 2.2 is the most current version, HB-1110 mandates compliance with WCAG 2.1 Level AA.

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Crafting an Effective Accessibility Strategy

Achieving compliance with HB 21-1110 and the WCAG standards requires a well-structured and comprehensive accessibility strategy. Here is a step-by-step approach to help you navigate this process:

Step 1: Establish a Solid Foundation

Craft and Publish an Accessibility Statement

Creating an accessibility statement is an important first step toward promoting inclusivity and accessibility. While it is not legally required under HB21, having an accessibility statement is a great way to be transparent about your accessibility efforts.

This statement should be prominently displayed on your website and should include the following elements:

• A clear affirmation of your dedication to providing equal access to all users, regardless of disability.
• Specify the accessibility standards and guidelines you adhere to, such as WCAG 2.1 Level AA or Section 508.
• Contact information for users to report accessibility barriers or seek assistance, including options that do not rely solely on digital accessibility.
• Transparency regarding any known limitations or challenges in achieving full accessibility, demonstrating your commitment to continuous improvement.
• Information about the technical prerequisites and testing environments used to ensure accessibility, such as specific browsers, assistive technologies, or plugins.

Familiarize Yourself with WCAG Guidelines and ADA Requirements

The WCAG guidelines can be complex and technical. Developing a solid understanding of their principles and success criteria is essential.

It may be tempting to start by reading the official W3C WCAG website guidelines. Be warned: most people find them a bit technical and confusing.  

We recommend starting by reading articles, blogs, and social media posts by accessibility professionals and organizations to gain a general understanding of WCAG.

Bookmark our WCAG Explained: A Simplified Guide to Web Content Accessibility Guidelines

Additionally, familiarize yourself with the Americans with Disabilities Act (ADA) and its requirements for equal rights and access for individuals with disabilities.

Understanding these guidelines and laws will help you implement the necessary changes to make your digital platforms accessible.

Step 2: Conduct Comprehensive Audits and Training

Perform a Website Accessibility Audit

An accessibility audit is a critical step in evaluating the current state of accessibility for your digital assets.

This audit should thoroughly review your website’s design, content, and functionality. Identify potential barriers that may impede disabled users from accessing and navigating your site.

A professional accessibility audit not only identifies issues but also provides valuable insights into how users with disabilities experience your website. This knowledge can significantly improve the user interface and user experience (UI/UX) for all visitors.

Remember that HB 21-1110 applies to more than just websites. You’ll want to audit all publicly available digital content, including PDFs, PowerPoints, and other digital files an end-user can download.

Prioritize Remediation Efforts

The audit results will serve as a roadmap for addressing accessibility issues, allowing you to prioritize remediation efforts based on impact and urgency. This strategic approach ensures you allocate resources effectively and tackle the most pressing issues first.

Provide Accessibility Training

Educating your team on accessibility best practices is crucial for long-term success. Offer comprehensive training sessions that cover topics such as:

• Understanding the principles of WCAG and ADA requirements.
• Identifying and resolving common accessibility issues.
• Creating accessible content (text, images, videos, and documents).
• Designing and developing accessible user interfaces.
• Testing and evaluating accessibility using manual and automated techniques.

Fostering a culture of accessibility within your organization can ensure that accessibility becomes an integral part of your development and content creation processes. This will reduce the need for extensive remediation efforts in the future.

Step 3: Implement Ongoing Monitoring and Maintenance

Accessibility is an ongoing journey, and maintaining compliance requires continuous effort. Implement the following measures to ensure your digital assets remain accessible:

Establish Accessibility Testing Protocols

Develop a robust testing protocol that combines automated and manual testing techniques.

Automated tools can help identify common accessibility issues. Manual testing by individuals with disabilities provides a more comprehensive evaluation of the user experience.

Be careful not to rely solely on automated tools or overlays. The lure of a cheap and easy fix can be tempting, especially because some overlay companies make bold promises and guarantee conformance.

Remember that disabilities are human conditions. True accessibility can only be achieved by some aspect of human testing and fixing the inaccessible digital code.

Implement Accessibility Monitoring

Continuously monitor your website and digital assets for accessibility issues, particularly after updates, redesigns, or the addition of new content.

Leverage accessibility monitoring tools to alert you to potential issues and allow for prompt remediation. A reputable accessibility company can help set this up for you. Some can even train your team on monitoring or simply do the monitoring for you.

Maintain Open Communication Channels

Encourage feedback from disabled users by providing accessible channels for reporting accessibility barriers or requesting assistance.

Promptly addressing these concerns demonstrates your commitment to inclusivity and helps improve the overall user experience.

Collaborate with Accessibility Professionals

Partnering with accessibility experts can be invaluable, especially for complex or large-scale projects.

These professionals can provide guidance, conduct audits, offer training, and assist with remediation efforts, ensuring that your digital presence remains compliant and inclusive.

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Looking Ahead: An Extension and Continued Commitment

The initial deadline for full compliance with HB 21-1110 is July 1, 2024. However, Colorado just passed House Bill 24-1454, which grants immunity from prosecution until July 2025.

According to the extension, public entities must continue to progress towards meeting the requirements of HB21. However, they are immune from prosecution until July 1, 2025. While the extension may alleviate some immediate pressure, it should NOT be viewed as a reason to delay or postpone accessibility efforts.

considering that Colorado’s commitment to digital inclusion remains unwavering, we do not expect their to be another extension in 2025.

Read More: Colorado’s Grace Period for Accessibility Noncompliance.

Embracing Accessibility: A Moral and Business Imperative

While compliance with HB 21-1110 and other accessibility laws is a legal obligation, it also represents a moral and business imperative.

It’s essential to ensure that digital platforms are accessible to individuals with disabilities. Doing so not only upholds their fundamental rights but also expands your potential user base and fosters a more inclusive and diverse online community.

Accessible websites and digital technologies offer numerous benefits, including improved search engine optimization (SEO), enhanced user experiences, and increased brand reputation.

Moreover, embracing accessibility demonstrates your organization’s commitment to diversity, equity, and inclusion, values that resonate with modern consumers and stakeholders.

As you navigate the complexities of HB 21-1110 and develop your accessibility strategy, remember that true inclusivity is not merely a checkbox to be ticked. It’s a continuous journey towards creating a more equitable and accessible digital landscape for all!

At Accessiblü, we understand the complexities and nuances of navigating the accessibility landscape. Our team of dedicated professionals is committed to guiding organizations through every step of the compliance journey, from conducting comprehensive audits and providing tailored training to implementing robust monitoring and maintenance processes.