The digital landscape is evolving rapidly, with web accessibility becoming a critical concern for organizations of all sizes. Recent data from UsableNET indicates a significant increase in ADA-related website lawsuits, projected to reach 4,220 by the end of 2023—nearly double the number in 2018. This trend underscores the importance of understanding and implementing Web Content Accessibility Guidelines (WCAG) 2.1 AA for all businesses with an online presence.
Web Content Accessibility Guidelines (WCAG) 2.1 AA is the current standard for web accessibility, and is often referenced in legal proceedings related to the AMericans with Disabilities Act (ADA). It's designed to make websites perceivable, operable, understandable, and robust for all users, including those with disabilities. Implementation of these standards is crucial for businesses with an online presence, regardless of size or sector.
The report's findings paint a clear picture of the current state of web accessibility:
Small businesses are at risk, with 77% of lawsuits targeting organizations with under $25 million in revenue.
E-commerce websites are in the spotlight, accounting for 84% of all Digital ADA lawsuits.
The education sector has emerged as the third most targeted industry, surpassing travel, hospitality, and healthcare.
Despite advancements in AI, lawsuits against companies using accessibility widgets have increased, highlighting the limitations of automated solutions.
Implementing WCAG 2.1 AA standards isn't just about avoiding legal issues. It can be a multifaceted investment, opening focus on other key areas of opportunity for businesses, such as:
Expand Your Market: Open your business to the 15-25% of the population living with disabilities.
Enhance User Experience: Accessible design often improves usability for all users.
Boost Brand Reputation: Demonstrate your commitment to inclusivity and social responsibility.
Improve SEO: Many accessibility features align with search engine optimization best practices.
While the technical implementation is crucial, the commitment to accessibility must start at the top. Even non-technical business leaders and product managers play a vital role in driving this initiative forward. Here's how leaders can make a difference at a higher level:
Make accessibility a company-wide priority
Allocate necessary resources for implementation
Appoint an accessibility champion within your organization
Request regular updates on accessibility progress
Include accessibility requirements in your procurement process
For organizations without in-house expertise, hiring a vendor can be an effective solution. The process of hiring a vendor is relatively straightforward, but choosing the right one requires careful consideration. Many companies offer accessibility services, ranging from one-time audits to ongoing support and remediation.
Here's what to consider when considering outsourcing accessibility vendors:
Assess Your Needs: Determine whether you need a one-time audit, ongoing support, or full remediation.
Research Vendors and Check Credentials: Seek vendors with certified professionals, e.g., IAAP (International Association of Accessibility Professionals) certifications.
Request Proposals: Ensure the vendor can accommodate your organization's size and complexity, or consider vendors offering training for your in-house team. Ask for detailed outlines of their process, timeline, and deliverables.
Check References: Speak with other clients similar in size and in your industry.
Review Contract Terms: Pay attention to liability clauses and compliance guarantees.
A good vendor should provide comprehensive audits, detailed reports, remediation services, and ongoing support. While costs can vary widely, it's important to view this as an investment in risk mitigation and market expansion.
For developers and technical teams, implementing web accessibility can be complex. WCAG 2.1 AA standards cover a range of requirements from providing text alternatives for non-text content to contrast levels and ensuring proper keyboard navigation.
Actionable Steps for Technical Teams:
Ensure your web developers, content creators, and designers understand accessibility principles and how to implement them. Follow the WCAG 2.1 at least to Level AA, the level cited commonly in ADA litigation.
Integrate Accessibility Testing: Incorporate tools like aXe-core or Pa11y into your CI/CD pipeline for automated checks. Remember that automated tools can't catch everything.
Manual Testing Protocol: Establish a protocol for manual testing with assistive technologies, particularly screen readers like NVDA or VoiceOver.
Component Library Audit: Review and update your component library to ensure all elements meet accessibility standards.
ARIA Implementation: Properly implement ARIA landmarks, labels, and properties, especially for custom interactive elements.
Keyboard Navigation: Ensure all interactive elements are operable via keyboard, with visible focus indicators.
Color Contrast Checker: Use tools like WebAIM's contrast checker in your design process.
Regular Audits: Conduct comprehensive accessibility audits at least quarterly, combining automated tools, manual testing, and user testing with individuals who have disabilities. Accessibility is not a one-time fix. Make it a part of your regular website maintenance routine.
Stay Informed: Keep up with evolving standards, including the upcoming WCAG 3.0, which will introduce new success criteria and a revised scoring system.
Create an Accessibility Statement: Publish a clear accessibility statement on your website, outlining your commitment to accessibility and providing a way for users to report issues.
While WCAG 2.1 AA compliance may present challenges, particularly for resource-limited startups and SMBs, it represents a strategic investment. Begin with a comprehensive audit, prioritize critical issues, and develop an implementation plan aligned with organizational resources and timelines.
It is important to recognize that accessibility is an ongoing process rather than a one-time achievement. Initiating with manageable steps and progressively enhancing site accessibility not only mitigates legal risks but positions the business for growth in an increasingly digital and inclusive market environment.