ADA Section 508 Compliance – Web Accessibility

One of the newer developments in the Americans with Disabilities Act is the amended Section 508 that went into effect in the late 1990s. ADA Section 508 compliance is required of all Federal agencies. The purpose of the amendment is to ensure that the technology used internally by employees and externally by consumers is fully accessible. For technology users with disabilities, there are many elements of web design and operation that can interfere with the ability to use internet-based applications. Here are just a few examples:

• Images lacking alternative text tags for screen reader software to voice aloud aren’t accessible to those who can’t see
• Videos without captions and audio files without transcripts can’t be understood by those who have profound hearing loss
• Individuals with low vision who use software to automatically adjust the contrast, color, and size of text for greater readability may be stymied by websites that block such applications
• Requiring rapid double-clicking to carry out on-screen actions may be a problem for individuals with limited mobility or coordination

That’s just scratching the surface of the accessibility issues that can arise for users. Although ADA Section 508 compliance focuses on Federal agencies, many states have instituted similar laws. You can see an overview here.  The Department of Justice has described the web in general as a “place of public accommodation”. This has led to successful settlements with companies like AOL and Target who agreed to make their websites accessible after being sued by the National Federation of the Blind.

Is Your Organization at Risk?

Currently, employees of private firms cannot sue directly under Section 508. However, they may still sue for inaccessible technology under general ADA guidelines if their ability to carry out work tasks (from initial onboarding to ongoing training and assigned job duties) is severely hampered. A thorough evaluation of your company’s software choices and website capabilities is one way to detect gaps in usability. The Stonehaven Group is here to help your HR department comply with the spirit and the letter of the law with expert legal advice.