WCAG-Compliant Web & Digital Accessibility: Reduce Exposure
The core concept of web accessibility is simply a statement of the importance of designing websites and digital content and interfaces that are universally usable, without unnecessary barriers to access for persons with disabilities. The Web Content Accessibility Guidelines (WCAG) are a set of international standards independently formulated by the World Wide Web Consortium (W3C) to direct web designers and developers in creating accessible digital content. The WCAG establish uniform criteria so that digital content can be made accessible to all users, regardless of their abilities.
AdvertisementThe WCAG is not a legal document, and it has no legal mandate of its own. But, many laws around web accessibility use the WCAG as the benchmark for accessibility compliance, and as such, non-compliance with WCAG standards can result in legal challenges for businesses and organizations. As accessibility lawsuits become more common, upholding WCAG standards is essential to avoid litigation. Failure to meet these guidelines excludes a significant portion of the population from accessing digital content, as well as running the risk of legal repercussions.
The POUR PrinciplesThe WCAG are structured around four main principles, known as the POUR principles: Perceivable, Operable, Understandable, and Robust. These principles form the foundation of accessible web design.
Perceivable
Information and user interface components must be presented in ways that users can perceive. If a user cannot identify or act on content in its original format, it’s important to offer an alternative that works for their senses.
Example: For someone who can’t see images, alternative text descriptions are a way to share visual information via text, which can be announced and heard.
Operable
User interface components and navigation must be operable by the user, even if the user cannot scroll or click with a mouse or other standard controller.
Example: This includes verifying that all site functionality is available using only a keyboard, and providing enough time for all users to read and interact with the content.
Understandable
Information and the operation of the user interface must be understandable.
Example: Making text readable. Making navigation consistent and thus predictable. Giving users enough data to help avoid or correct mistakes. (e.g., “Are you sure you want to delete that file?”
Robust
Content must be robust enough to be interpreted reliably by a wide variety of user agents, including assistive technologies.
Example: Users must be able to choose their tech. The Robust principle means the content or interface must maintain compatibility with current and future user tools.
Each principle is further broken down into actionable success criteria, which are specific, testable requirements that define how to execute and achieve accessibility for different aspects of web content.
WCAG Compliance Levels
WCAG offers three levels of compliance: A, AA, and AAA. Level A is the most basic level, and Level AAA is the most stringent. While Level A is a starting point, it isn't sufficient for comprehensive accessibility. Level AA is the internationally recognized standard mandated by legal regulations around the world.
Level A
The most basic level. Meeting Level A accessibility criteria is essential, but Level A compliance alone is not legally considered full accessibility.
Level AA
Level AA addresses the major accessibility barriers encountered by users. It is the standard required by most laws worldwide. Building on Level A, it includes all A and AA criteria.
Level AAA
This is the highest and most comprehensive level of accessibility. It includes all criteria from Levels A and AA but is not legally mandated, as some criteria may be conflicting or impractical for certain content.
WCAG recently released its latest version, WCAG 2.2, in October 2023, which offers updated accessibility guidance. WCAG 2.2 is not yet required by many laws and regulations, but it is wisest to build it in now in order to keep compliant going forward, when 2.2 does become the mandated accessibility measure.
The Rise In WCAG Lawsuits: Trending Up
The landscape of legal action concerning web accessibility is demonstrably changing. Several recent trends indicate a significant rise in lawsuits against organizations with non-compliant websites and digital products.
Legal awareness of digital accessibility rights is growing. Individuals with disabilities and advocacy groups are more informed about legal options for pursuing accessibility violations: they know what to do and where to address any reasonable complaints about obstacles to accessibility. And their voices are being heard.
Lawsuits increasingly reference WCAG compliance as a measure of accessibility, and some laws now directly refer to the WCAG as their metric for technical accessibility specifications. WCAG standards provide a clear benchmark for legal claims: they’re clear, direct, and very thorough.
Over 4,600 federal and state WCAG-related accessibility lawsuits were filed in the United States in 2023 alone, a 10% increase from the previous year, with a continued rise in 2024. Settlement amounts in these cases have also risen. The average settlement for web accessibility cases in 2023 was $50,000, up from $40,000 in 2022. In the United States, New York and California continue to be the states with the highest number of filed cases, with New York accounting for over 60% of all reported 2023 web accessibility lawsuits, state and federal.
Industries Impacted By WCAG Lawsuits
Data shows that 77% of web accessibility lawsuits were filed against retail companies, both online-only and brick-and-mortar businesses with an online presence.The retail sector is the most impacted by accessibility lawsuits. Companies in this industry are frequently targeted due to the high volume of online transactions and the necessity for accessible e-commerce platforms. E-commerce websites are under scrutiny for failing to provide accessible features for users with visual or mobility impairments. Some other heavily impacted industries include:
- Hospitality
Hotel and travel booking websites are being targeted for inaccessible online reservation systems and lack of alternative content for users with sight or hearing limitations. Accessible booking systems and informational websites are a critical part of compliance with accessibility standards. - Education
Educational institutions, including universities and online learning platforms, have seen a surge in lawsuits. Online learning platforms, especially after the surge in web learning during lockdowns, are facing legal challenges for not being accessible to students with disabilities. - Healthcare
The healthcare sector is also significantly impacted. Patients require accessible online services for booking appointments, accessing medical records, and obtaining health information. Patients with disabilities should be able to receive services and information equally, which is to say, accessibly, according to their needs. - Finance
Banks and financial institutions are increasingly included in lawsuits for inaccessible online banking applications and financial management tools.
Organizations in these sectors, and others that rely on online platforms for core functions, should take proactive steps towards WCAG compliance.
Case Studies: Precedent-Setting WCAG Lawsuits
Several recent lawsuits have established significant legal precedents regarding WCAG compliance. Here are a few noteworthy cases:
In a landmark case, Guillermo Robles, a blind man, sued Domino's Pizza for not having an accessible website and mobile app. This prevented him from ordering pizza online using screen-reading software.
The Ninth Circuit Court ruled in favor of Robles, affirming that the Americans with Disabilities Act (ADA) applies to online services. Domino's was required to redesign its website and app to comply with WCAG standards.
The National Association of the Deaf sued Harvard for failing to provide captions for online video lectures. The lawsuit resulted in a settlement mandating Harvard to caption all educational video content moving forward. This case set a precedent for accessible educational materials for deaf and hard-of-hearing students.
This case was a significant milestone in web accessibility litigation. The National Federation of the Blind sued Target, claiming that its website was not accessible to blind users. The case was settled with Target agreeing to make its website accessible and pay $6 million in damages. This lawsuit set a precedent for holding retailers accountable for their online services.
These and many other cases demonstrate the legal consequences of non-compliance with WCAG standards and the importance of prioritizing digital accessibility for all users.
Achieving WCAG Compliance: Best Practices
For organizations seeking to achieve WCAG compliance and avoid legal challenges, a comprehensive web accessibility audit is a critical first step. Here are five best practices for conducting effective web accessibility audits:
- Automated Testing Tools
Utilize automated testing tools to quickly identify obvious accessibility issues. Tools like WAVE, AXE, and Lighthouse can help detect common problems such as missing alt text and improper heading structure. - Manual Testing
Conduct manual testing with accessibility experts and with users who have disabilities for this step, if you can. If you conduct these tests yourself, using a keyboard-only approach to navigate the website, you may find issues, but you are likely to miss some as well. However, all forms of manual testing are helpful to some extent in identifying issues that automated tools might miss, such as keyboard traps and focus order problems. - Screen Reader Testing
Test the website with screen readers like JAWS, NVDA, and VoiceOver to verify that content is accessible to users who rely on screen readers. - User Testing
Involve users with disabilities in the testing process. Their feedback is invaluable for identifying real-world accessibility barriers that might not be apparent through automated or manual testing alone. - Test Across Different Devices & Platforms
Accessibility should be consistent across all platforms and devices that users might employ to access your website or digital products. This includes desktops, laptops, tablets, and smartphones, as well as different operating systems and browsers. - WCAG Compliance Checklists
WCAG offers clear guidelines for different levels of accessibility compliance. Testing should be conducted against the specific WCAG level your organization is aiming to meet, typically Level AA according to most current legal requirements. These checklists can serve as a reference throughout the audit process to track compliance with all required criteria. - Focus On User Experience
While technical compliance is necessary, the ultimate goal is to create a website that is usable and inclusive for everyone. Prioritize testing methods that assess how users with disabilities can navigate, interact with, and understand your website content.
Staying WCAG Compliant
Achieving WCAG compliance is an ongoing process. Here are some recommendations for organizations to implement continuous monitoring and updating of accessibility measures:
- Integrate Accessibility
Accessibility should not be an afterthought. By incorporating accessibility principles from the beginning of the development lifecycle, organizations can build compliant websites and digital products from the ground up. - Regularly Retest
Accessibility needs can evolve, websites and applications are updated or redesigned, and new technologies may emerge. Regular retesting ensures that websites and applications remain compliant with WCAG standards over time. - Schedule Audits
Schedule regular web accessibility audits, at least quarterly, to identify and fix new issues that may have arisen due to content updates or design changes. - Training & Education
Educate developers, content creators, and all personnel involved in the web development process about WCAG guidelines and best practices for creating accessible content, so everyone understands accessibility principles and can contribute to maintaining compliance. - Monitoring Tools
Accessibility monitoring tools can continuously scan websites and applications for potential accessibility issues, allowing for proactive rectification. - Feedback Mechanisms
Establish clear channels for users to provide feedback on accessibility issues. Actively monitor and respond to this feedback to address concerns promptly. - Accessibility Statements
Publish and update an accessibility statement on your website. This demonstrates a commitment to accessibility and provides users with a way to report issues they encounter.
By following these best practices, organizations can proactively address WCAG compliance, mitigate legal risks, and create a more inclusive online experience for everyone.
Early-On Web Development Integration
For organizations seeking to build accessibility into the web development process from the outset, here are some practical guidelines:
- Plan Accessibility Ahead
Start with accessibility in the initial planning stages. Include accessibility requirements in project briefs and design documents, making accessibility a fundamental part of the project, rather than an afterthought. - Accessibility Champion
Appoint a staff member as an accessibility champion. This person can be a central point of contact for accessibility inquiries, oversee training efforts, and stay updated on WCAG best practices. - WCAG Integration
Integrate WCAG guidelines into all stages of web development, from planning and design to coding and testing. Use WCAG checklists and evaluation tools throughout the process. - Use Semantic HTML
Use proper HTML elements for their intended purpose. This improves the structure of web content and helps assistive technologies understand the content better. - Raise Color Contrast
Choose strongly contrasting color schemes that meet WCAG contrast requirements. This helps users with visual impairments distinguish text from background colors. - Keyboard Accessibility
Make sure that all interactive elements can be accessed and operated using a keyboard. This includes navigation menus, forms, and buttons. - Accessible Content Creation
Content creators should be trained on WCAG principles. This includes writing clear and concise text, using alt text for images, and verifying proper keyboard navigation for all elements. - Accessible Media
Provide text alternatives for non-text content such as images, videos, and audio files. This includes alt text for images and captions for videos. - User Testing
Involve users with disabilities in usability testing throughout the development process. Their feedback is crucial for identifying accessibility barriers that may not be evident to developers and designers. - Accessibility Testing
Conduct accessibility testing throughout development using a combination of automated and manual testing methods, including testing with assistive technologies.
By following these steps, organizations can develop a culture of accessibility that becomes a seamless part of the web development process. This proactive approach minimizes rework and ensures that websites and digital products are accessible to everyone from the start.
Training Staff On WCAG Standards Compliance
WCAG training for all staff involved in web development, both internal and external, is essential.
WCAG compliance goes beyond technical coding. Content creators, designers, and project managers all play a role in creating accessible experiences. When everyone involved in the project understands accessibility principles, it ensures consistency in applying these standards across all digital content. This reduces the risk of accessibility issues arising from oversight or misunderstanding. Training helps staff identify and address accessibility issues early in the development process. When all staff understand WCAG principles, potential accessibility barriers can be identified and addressed early in the development process. This saves time and resources compared to fixing issues later and retrofitting accessibility after the fact.
Staff training also helps maintain a consistent standard of accessibility across all web properties and digital products developed by an organization. And, with WCAG compliance increasingly becoming a legal requirement, training staff helps organizations mitigate legal risks associated with inaccessible websites and applications.
Ultimately, accessible websites are better for everyone. WCAG training cultivates an inclusive organizational culture and shows a commitment to creating inclusive digital experiences that benefit all users, regardless of ability. When accessibility is embedded in the development process, it enhances the overall user experience. Accessible design often leads to cleaner, more intuitive interfaces that benefit all users, not just those with disabilities.
The Legal Landscape of Web Accessibility
The legal framework for web accessibility is evolving, but some core principles are well established. Here's a simplified overview:
The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life. Title III of the ADA specifically addresses public accommodations and services operated by private entities, requiring that these be accessible to individuals with disabilities. This extends to digital spaces, making it mandatory for websites and online services to be accessible. The ADA has been a critical tool for advocating for digital accessibility, often serving as the basis for lawsuits against organizations with non-compliant websites. Courts have ruled that inaccessible websites can restrict access for users with disabilities, potentially violating the ADA.
International Web Accessibility Laws
A growing number of countries around the world are enacting specific laws and regulations regarding web accessibility. These laws often reference WCAG standards as a metric for compliance.
WCAG: Legal Benchmark
The Web Content Accessibility Guidelines (WCAG) serve as an internationally recognized standard for web accessibility. While WCAG itself is not a legal document, it is increasingly being used as a reference point in legal cases concerning website accessibility.
Why Should Organizations Comply?
Adhering to these laws is not only a legal obligation but a moral one, promoting inclusivity and equal access for individuals with disabilities. Non-compliance can result in significant legal and financial consequences
It's important to note that the specific legal requirements for web accessibility can vary depending on location. Organizations should consult with legal counsel to understand the specific web accessibility laws that apply to them.
Businesses & Web Accessibility Responsibility
Legal Responsibility
Laws like the ADA and international equivalents mandate accessibility to prevent discrimination against individuals with disabilities.
Moral Obligation
Providing equal access to information and services aligns with ethical standards.
Market Reach
Accessible websites can be used by a wider audience, including individuals with disabilities, expanding potential customer base.
Reputation Management
Demonstrating a commitment to accessibility can improve a company’s public image and create trust among consumers.
Risk Mitigation
Non-compliance with accessibility laws can lead to lawsuits, financial penalties, and damage to reputation. Addressing accessibility reduces these risks.
Resources For WCAG Compliance
World Wide Web Consortium (W3C) Web Accessibility Initiative (WAI): The W3C WAI provides a central hub of resources on WCAG standards, including guidelines, tutorials, and evaluation tools.
WebAIM: WebAIM offers a comprehensive suite of accessibility testing tools and consulting services.
International Association of Accessibility Professionals (IAAP): The IAAP is a professional organization for web accessibility specialists. The IAAP offers a directory of accessibility consultants and resources.
Leveraging Expert Guidance
Engaging web accessibility experts and legal professionals can significantly mitigate the risk of legal repercussions and improve overall web accessibility. Accessibility audit professionals conduct thorough evaluations of digital content, identifying areas of non-compliance and recommending practical solutions. Their expertise ensures that all WCAG standards are met, reducing the likelihood of legal challenges.
Legal experts specializing in accessibility laws can provide crucial advice on compliance with regulations like the ADA and international equivalents. They help organizations understand their legal obligations and navigate the complexities of accessibility lawsuits. By addressing potential legal issues proactively, businesses can avoid costly litigation and focus on creating inclusive digital experiences.
In summary, leveraging expert guidance not only helps organizations comply with accessibility standards and helps create an inclusive digital environment, benefiting both the business and its users.
Staying Informed
The digital landscape is constantly evolving, and accessibility standards are no exception. WCAG guidelines are regularly updated to reflect advancements in technology and user needs. Organizations that fail to keep pace with these updates risk falling out of compliance, increasing their exposure to legal challenges. Regular reviews of WCAG updates allow organizations to proactively address accessibility issues and maintain a website or digital product that is usable by everyone.
In conclusion, prioritizing web accessibility is no longer just a best practice, but a growing legal requirement. By understanding WCAG standards, conducting regular accessibility audits, and implementing best practices throughout the development process, organizations can create inclusive digital experiences that reach a wider audience, mitigate legal risks, and fulfill their social responsibility to be accessible to all.
FAQs
The outcome of a WCAG compliance lawsuit can vary depending on the specifics of the case. Possible consequences include court-mandated website updates to meet WCAG standards, financial settlements, and potential damage to the organization's reputation.
