On March 18, 2022, the Department of Justice (“DOJ”) issued new Guidance on Web Accessibility and the ADA (the “Guidance”). The Guidance provides considerations for state and local governments, schools, and businesses to keep in mind when ensuring that their websites comply with the Americans with Disabilities Act (“ADA”). Indeed, the DOJ has consistently taken the position that the ADA’s requirements apply to

  • all the services, programs and activities of state and local governments, including those offered online, and
  • all the goods services, privileges, or activities offered by public accommodations, including those offered online.

As the DOJ notes in the Guidance, if web content is inaccessible, people with disabilities are denied equal access to information. Given the “multitude of services” that have moved online, ensuring web accessibility is a priority for the DOJ. To ensure compliance, state and local governments, schools and businesses should ensure that their websites do not create unnecessary barriers that make it difficult or impossible for a person with a disability to access information.

Examples of Barriers to Website Accessibilities:

The Guidance identifies various website accessibility barriers that may keep individuals with disabilities from accessing information made available to the public online:

  1. Poor color contrast – Individuals with limited vision or color blindness may have difficulty reading text if there is insufficient contrast between the background and the text.
  2. Using color alone to give information – When information is conveyed using only color cues, individuals who are color-blind may not be able to access the information because they cannot differentiate certain colors. Screen readers do not tell the user the color of the text on the screen; and therefore individuals using screen readers cannot know that color is meant to convey information.
  3. Lack of text alternatives on images – Without text alternatives, individuals who are blind will not be able to access the content and purpose of website images, including pictures, charts, and illustrations.
  4. Lack of video captions – Without captions, an individual with a hearing disability may be prevented from understanding the information being communicated in the video.
  5. Inaccessible online forms – Without the proper tools, it is difficult for a person with a disability to understand, complete and submit online forms accurately. Online forms should include labels that screen readers can convey to a user with a disability; clear instructions; and an error indicator.
  6. Mouse-only navigation – Individuals with disabilities who cannot use a mouse may need keyboard navigation in order to access web content.

How To Ensure Web Content is Accessible to Individuals with Disabilities

The DOJ has not issued specific regulations or detailed standards, and it has noted that there is some flexibility in how state and local governments, schools and businesses comply with the general prohibition against nondiscrimination and effective communication. However, the Guidance stresses the importance of ensuring that individuals with disabilities have access to online content. Additionally, the Guidance cites helpful technical resources, the Web Content Accessibility Guidelines (WCAG) and the Section 508 Standards, which are used by the federal government for its own websites.

Takeaway

While state and local governments, schools and businesses have flexibility in how they determine which tools to put in place, they need to ensure that their websites comply with the ADA and their web content is accessible to individuals with disabilities.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Dori Pagé Antonetti Dori Pagé Antonetti

Dori Pagé Antonetti is a member of the School Law Practice Group where she represents a wide range of educational institutions, including both public and independent k-12 schools in a variety of education and employment law matters.  In her day-to-day representation of clients…

Dori Pagé Antonetti is a member of the School Law Practice Group where she represents a wide range of educational institutions, including both public and independent k-12 schools in a variety of education and employment law matters.  In her day-to-day representation of clients, Dori draws on her unique experience as a former educator for Teach for America.  This experience, coupled with her time as a hearing review officer for the New York City Office of Labor Relations, allows Dori to analyze issues from a practical perspective, which brings significant advantages to her clients.

Most recently, Dori’s practice has focused on assisting school districts and independent schools with various aspects of COVID-19 pandemic response and preparedness and return-to-school planning.  Dori has provided guidance on the requirements and implementation of ever-evolving federal and state laws and guidelines in various areas, such as employee leave, vaccine mandates, mask rules, health and safety protocols, telehealth, and sports-related issues.

Dori is a thoughtful attorney who has astute peripheral vision which allows her to help school clients identify legal issues and develop creative solutions.  She is attentive to detail, careful, and thorough.  Dori has extensive experience in policy development and review, and enjoys helping clients ensure that their policies and regulations are legally compliant, clearly written, and accomplish their intended purpose.  She also regularly advises schools on their obligations and responsibilities under the Family and Medical Leave Act and Americans with Disabilities Act.  For independent school clients, Dori has extensive experience drafting and revising enrollment contracts, faculty/staff handbooks, employment contracts and advising on issues such as truth-in-lending obligations, federal funding, vaccine policies and exemption issues.

Photo of Rauchell Beckford-Anderson Rauchell Beckford-Anderson

Rauchell is a member of the firm’s Employer Defense and Labor Relations practice group. She represents employers in all employment law matters before the Connecticut Commission on Human Rights and Opportunities, the Equal Employment Opportunity Commission, and state and federal court. Her experience…

Rauchell is a member of the firm’s Employer Defense and Labor Relations practice group. She represents employers in all employment law matters before the Connecticut Commission on Human Rights and Opportunities, the Equal Employment Opportunity Commission, and state and federal court. Her experience includes defending public and private sector employers in employment-related litigation including wrongful termination, discrimination, retaliation, sexual harassment, and wage claims.