Breaking Down the DOJ’s Title II Accessibility Rule: What You Need to Know

In a significant move towards inclusivity, the Department of Justice (DOJ) recently issued a final rule under Title II of the Americans with Disabilities Act (ADA). This move strengthens web and mobile app accessibility for people with disabilities. (Links to the rule and DOJ fact sheet at the end.)

This rule clarifies the obligations of state and local agencies to ensure that their websites and mobile applications are accessible. But it doesn’t stop there; This rule now applies to all web content, documents, and even social media!

As more people rely on digital platforms to access public services, this rule is a crucial step toward eliminating barriers and providing equal access to all individuals, regardless of their abilities.

Understanding Title II of the Americans with Disabilities Act (ADA)

Title II of the ADA requires state and local governments, agencies, and educational institutions to ensure that their services, programs, and activities are accessible to individuals with disabilities. The DOJ has extended the rule to online platforms and mobile applications provided by state and local governments.

This rule resulted from years of discussion, consultations, and revisions, reflecting the DOJ’s commitment to equal opportunity, inclusion, independent living, and economic self-sufficiency for individuals with disabilities.

The new DOJ accessibility rule aims to provide clear guidelines for meeting these requirements and ensuring that people with disabilities can fully participate in society.

The Importance of Web and Mobile App Accessibility

Web content and mobile apps are vital in providing access to public services, information, and resources. From emergency information and healthcare providers to voting information and transit updates, these platforms have become essential for individuals to navigate their daily lives.

However, if these technologies are not accessible, individuals with disabilities may face significant barriers in accessing critical services, leading to their exclusion from opportunities that others can easily access.

The Key Points and Benefits of the New Rule

Even though it has been a best practice, the new DOJ rule now makes it a law and requires state and local governments to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 A/AA standards for their websites and mobile apps.

By setting specific technical standards, the rule aims to ensure these platforms are accessible to individuals with disabilities.

Here are some key points and benefits of the new rule:

1. Clear and Consistent Accessibility Standards: The rule provides clear and consistent accessibility standards for state and local governments, enhancing the ADA’s promise of equal participation for people with disabilities.
2. Improved Access to Government Services: By making websites and mobile apps accessible, individuals with disabilities can access a wide range of government services, such as voting, applying for permits, accessing healthcare information, and more.
3. Equal Participation in Society: The rule helps break down barriers that have previously hindered people with disabilities from fully participating in American life. It ensures equal access to government services, online courses, public benefits, and other increasingly moving online activities.
4. Enhanced Quality of Life: Accessible web and mobile app content can significantly improve the day-to-day lives of individuals with disabilities. It enables them to independently and efficiently access information, services, and resources that are essential for their well-being and independence.
5. Clarity for State and Local Governments: The rule provides state and local governments with specific guidance on making their platforms accessible. This clarity helps governments understand their obligations and take the necessary steps to comply with accessibility standards.

Who Does the DOJ Accessibility Rule Apply To?

The new rule applies to those under Title II of the ADA; this is all state and local governments, including agencies, departments, special purpose districts, and commuter authorities.

It also covers entities contracting with state and local governments to provide public services. These entities need to ensure that employees of all state and local governments are using accessible technology.

The rule ensures that these entities make their websites and mobile apps accessible to individuals with disabilities.

What About the Private Sector?

Does this mean this new DOJ rule doesn’t apply to for-profit businesses or companies? Technically, yes, for this specific rule. But the DOJ is expected to publish similar requirements for Title III, which will apply to places of public accommodation. (Businesses and companies open to the public).

This is based on this most recent rule as well as what the DOJ has released in the past to address questions about the accessibility of public websites and apps.

In March of 2022, the DOJ issued guidance on how businesses open to the public should comply with the Americans with Disabilities Act (ADA). At that time, they also used the WCAG 2.1 AA standard that businesses (and public agencies) should use to measure compliance.

In case you missed it, here’s a link to the DOJ’s Guidance on Web Accessibility and the ADA from 2022.

When’s the deadline to comply?

The DOJ understands that achieving a successful level of accessibility takes time. At Accessiblü, it often takes our clients anywhere from 6 to 12 months to achieve this level of accessibility conformance.

Depending on the size of the population your website or app serves, you may have either two or three years to meet these requirements. For most cities and municipalities, this means starting this initiative now.

If you are a business or have an e-commerce presence, you will want to get ahead of the Title III rule expected to come out later this year.

How similar is this rule to Section 508 Compliance?

This new DOJ Accessibility rule is for state and local governments, while Section 508 specifically applies to Federal agencies and those who work with the Federal government. The one key difference is the standard that applies to each.

This new rule holds state and local governments to the WCAG 2.1 AA standard. Although WCAG 2.2 was adopted in October of 2023, the final version of this new rule may be updated to reflect the current WCAG version. (WCAG Version 2.1 dates from 2018.)

Section 508 is based on WCAG 2.0, which dates to 2010. 508 also has some additional requirements specific to information and communication technology (ICT) devices.

This means that the new DOJ rule will reflect more current principles of accessibility compliance. Ultimately, a higher bar will be used to measure accessibility.

Understanding the Web Content Accessibility Guidelines (WCAG)

The WCAG 2.1 A/AA standards are the technical standard for web and mobile app accessibility under the new rule. WCAG provides guidelines for making digital content more accessible to people with disabilities.

 It covers various aspects, including visual, auditory, motor, and cognitive disabilities. WCAG has three levels of conformance: Level A, Level AA, and Level AAA, with Level AA being the recommended level of accessibility compliance.

• Level A: This level addresses the most basic accessibility requirements, ensuring that individuals with disabilities can access essential content and functionalities.
• Level AA: Level AA builds upon Level A by addressing additional accessibility features, making content more perceivable, operable, and understandable for individuals with disabilities.
• Level AAA: Level AAA goes beyond the minimum requirements and addresses unique elements and situations not common to most websites. It ensures that content is fully accessible to individuals with disabilities.

Areas of Concern and Exemptions

While the new DOJ Accessibility rule sets clear accessibility standards, certain exceptions and areas of concern need to be addressed.

Some exceptions include archived web content, preexisting conventional electronic documents, content posted by third parties, and individualized, password-protected electronic documents.

These exceptions are meant to prioritize the most frequently used and critical content while still ensuring accessibility.

Here are some points to note:

• Archived Web Content: The rule exempts archived web content from the requirement to comply with WCAG 2.1 A/AA. This means that older content that is not updated or altered may not be accessible.
• Digital documents: Digital documents like PDFs, PowerPoints, spreadsheets, and forms ARE covered under this new rule.
• Individualized, Password-Protected Documents: The rule does not require individualized, password-protected electronic documents to be accessible. This could pose challenges for individuals with disabilities who need to access such documents.
• Third-Party Content: The rule also exempts content posted by a third party from the requirement to be accessible. This could lead to issues when third-party content is crucial for public services or information.
• Social Media: The rule REQUIRES that social media be made accessible. This applies to what your agency posts, but not to comments made to your posts by outside individuals.

It’s important to note that even if the content falls under an exception, state and local governments are still required to provide effective communication and reasonable modifications to individuals with disabilities.

The rule encourages governments to go beyond the minimum requirements and strive for inclusive practices.

How to Comply with the New Rule

Complying with the new DOJ Accessibility rule involves several steps:

• Understand the Rule: The first step is understanding the rule and its requirements. This involves familiarizing yourself with the rule, WCAG, and its guidelines.
• Audit Your Website and Apps: Conduct an accessibility audit to assess your current level of accessibility and identify any areas of non-compliance.
• Make Necessary Changes: Based on the results of your audit, make the necessary changes to your website and apps to ensure they are accessible. This might involve modifying your code, changing your design, or adding new features.
• Test Your Changes: After making changes, test your website and apps to ensure they are accessible. This could involve using automated testing tools, conducting manual testing, or working with individuals with disabilities to test your platforms.
• Maintain Accessibility: Accessibility is not a one-time task but an ongoing responsibility. Regularly update and test your website and apps to ensure they remain accessible as you add new content or functionalities.

Auditing for Accessibility Compliance

As mentioned above, organizations with public websites and mobile apps should consider conducting accessibility audits to ensure compliance with the new DOJ rule and WCAG standards.

These audits help identify any existing accessibility barriers and provide insights into areas that need improvement.

It is important to note that not all accessibility audits are the same because not all accessibility companies have the same strengths.

Check out our blog about the different kinds of accessibility audit reports to decide which is best for your organization.

Working with a reputable company like Accessiblü can provide your organization with a comprehensive understanding of its current level of accessibility and guidance on how to enhance it further.

Take Action and Foster Inclusivity

The new Department of Justice Title II accessibility rule is a significant milestone in promoting inclusivity and equal access to digital platforms.

It reinforces the commitment to providing equal opportunities for individuals with disabilities and ensures that state and local governments uphold their responsibilities under the ADA.

By adhering to WCAG standards and striving for accessibility excellence, your organization can foster an inclusive digital environment where everyone can participate fully.

Summing up, the new DOJ rule is crucial to creating a more accessible and inclusive society. It sets clear guidelines for state and local governments to follow, ensuring their websites and mobile apps are accessible to individuals with disabilities.

 By complying with WCAG standards and conducting accessibility audits, organizations can contribute to fostering inclusivity and supporting the rights of people with disabilities.

Let’s embrace accessibility and make the digital world truly accessible for all!

Sources:
Link to the Office of Public Affairs release on the DOJ rule.
Link to the New Rule on Web Accessibility Fact Sheet.