Web Accessibility

Employment and Disability Institute www.edi.cornell.edu

Deborah Buck, Executive DirectorAssociation of Assistive Technology Act Programs (ATAP)June 2005

Web Accessibility

• WHY– Legal Requirements

• How– Learning From Others– Making It Work For You

0

10

20

30

40

50

Private Sector Government

AMERI CA'S AGI NGGOVERNMENT WORKFORCE

Under 35

Over 45

DATA: ROCKEFELLAR INSTITUTE OF NEW YORK, STATE UNIVERSITY OF NEW YORK

PERCENT OF WORKERS BY AGE GROUP► More than 50% of state employees are 45 or older More than 50% of state employees are 45 or older

15% are 55 or older 15% are 55 or older ► Comparatively, more than 50% of the private sector workforce is Comparatively, more than 50% of the private sector workforce is

under 35under 35

Plus……

• Mobile technology users

• The Digital Generation – Generation Y, Echo Boomers, Generation D

• Early adopters with high expectations

• Expect robust products and applications

In 2003, more Americans (nearly 80% or 97 Million) went online for state, local or federal information than the previous year, a 50 percent jump from 2002

Why use internet or email? To get information, ask a question or express an opinion

• 30% used it to try and change a government policy or influence a politician's vote.

• 41% used it for research involving official government statistics or documents online.

• 27% used it to contact the federal, state or local government. • 23% used it to get information or apply for government benefits

online.

Pew Internet & American Life Projecthttp://www.pewinternet.org/reports/pdfs/PIP_E-Gov_Report_0504.pdf

The Web …not the only way

People want options when they want or need to turn to the government.

• The old-fashion telephone and face-to-face visits still rank supreme for many people who want information from their government.– More 1/3 would opt to click on a Web site to contact the federal government. – Slight majority (51 percent) would rather phone or make a personal visit than

go online to contact state governments– Even more (65 percent) prefer to visit or call to get information from local

government than go online.

• Main reason for the difference…it may be easier for people to swing by city hall rather than go online.

Is An Accessible Web the Answer?

• Part of the Answer• ADA, §504, §508• Accessible Equipment and Technology used in

the work and service environment• Training• Good Business Practices

Laws & Access• Americans With Disabilities Act (Public Law 101-336)

• Section 504 of the Rehabilitation Act of 1973 (PL 93-112)

• Section 508 of the ADA (PL 101-336)

• Section 508 of the Rehabilitation Act of 1973, as amended by the Workforce Investment Act of 1998 (PL 105-220)

• Assistive Technology Act of 1998, as amended (PL 108-364)

• World Wide Web Consortium (W3C) http://www.w3.org/– Web Content Accessibility Guidelines (WCAG)

Americans With Disabilities Act

• Addresses responsibility of employers, state and local governments and providers of public accommodations (business and service providers)

• Requires that State and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden.

DOJ Guidance Document

Accessibility of State and Local Government Websites to People with Disabilities

http://www.ada.gov/websites2.htm

• One way to meet the requirements of the ADA is to ensure that government websites have accessible features for people with disabilities.

• May also meet legal obligations by providing an alternative accessible way for citizens to use the programs or services.– Example: Staffed telephone information line– Question: Will these alternatives provide an equal degree of access in

terms of hours of operation and the range of options and programs available

ADA• Intent of the ADA to ensure access

• Unlike architectural accessibility (ADAG Standards) there are no ADA standards for web or IT accessibility. – Marketing or assurances to make your site “ADA compliant”.

• Two generally accepted standards and guidelines for Web Access in the US- neither required by the ADA– An entity could choose to use the 508 standards or use the guidelines

issued by the W3C.

• Even if you adopt one of these standards for web accessibility, it does not absolve an entity of their responsibility under the ADA- to provide individual accommodation to participate in a program or as an employee.

Section 504 of the Rehabilitation Act of 1973

• Section 504 applies to any entity that receives federal dollars

• Obligated to practice non-discrimination, provide program accessibility and reasonable accommodations

[ 29 U.S.C. §794]

Section 508 of the ADA…..

• RED Flag• Clarifies who is considered “disabled” under the ADA • Americans with Disabilities Act (PL 101-336)

– Title V Miscellaneous Provisions – SEC. 508. TRANSVESTITES. For the purposes of this Act, the

term "disabled" or "disability" shall not apply to an individual solely because that individual is a transvestite.

• Nothing to do with information technology accessibility!

Section 508 of the Rehabilitation Act of 1973

Electronic and Information Technology (E&IT)

Section 508 of the Rehabilitation Act requires that all electronic and information technology purchased, maintained, or used by the Federal government be readily accessible to and usable by individuals with disabilities.

What is the goal of 508?

508 legislation and the implementing requirements issued by the US Access Board’s are using the buying power of the Federal Government to create a shift in the Governments information technology architecture.

– To promote better access to information technology for people relying on assistive technology.

– To increase access for people with disabilities to products where it is impossible to attach assistive technology.

Section 508 E&IT Standards

Includes, but is not limited to…

• Software applications and operating systems

• Web-based intranet and internet information and applications

• Telecommunications products (telephones, Fax)

• Video and multimedia products

• Self contained, closed products (ATM, kiosks)

• Desktop and portable computers

[29 U.S.C. 794d]

Who is Required to Comply with §508?

• Only Federal agencies are required to adhere to the standards.

• Model for others- Not a Mandate– The Access Board hopes that the 508 requirements will serve as a

model for others to follow. – However, if several nonfederal government entities develop

requirements that are substantially different from 508, Industry will have to product several versions of a given product likely resulting in higher prices, and poorer access for every one.

Exception… AT Act of 1998, as amended

Activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 (20 U.S.C. 794d)

Public Law 108-364 [SEC. 4(d)(6)(G)]

Section 508- Comparison with ADA & 504

• Compliance with §508 is not required by ADA

• Similarities of §504 and §508 – Both amendments to the Rehabilitation Act of 1973– Both affect people with disabilities

• Differences of §504 and §508– Recipients of Federal funds must follow the mandates of § 504

of the Rehabilitation Act– Recipients of Federal funds are not required to comply with §508

unless a federal agency or department specifically requires conformance

Providing Accessibility – The Big Picture

Built-In Access• Accessibility built-in at the front• Reduces the disparity of access• Section 508- access and interoperable

Add-On Accessibility• Alternate Formats (Braille, Large Print, Audio Tape,

Disk)• Staffing- readers, etc.

Front End or Retro Fit?

Web Accessibility Standards & Guidelines

• World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG)

• Section 508 Standards– Modeled on W3C Guidelines– Required Use by Federal Agencies

Universal Design

• Concept originated in field of architecture

• Term has grown. Often applied to other fields including product design, computer technology, electronics, telecommunications, classroom instruction and workplace design.

• “The design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design” Ron Mace founder of the Center on Universal Design at North Carolina State University

• No Standards

What is Everyone Else Doing???

State of the States

• States have policies & laws relative to web access and E&IT

• ITTATC links to state laws and policieshttp://www.ittatc.org/laws/stateLawAtGlance.php

States with “508-like” Legislation

Arizona ArkansasCalifornia

Colorado Indiana Kentucky

Louisiana Maryland Minnesota

Missouri Montana Nebraska

N. Carolina Oklahoma Texas

Virginia W. Virginia

States with IT Accessibility…

Executive Orders CIO Office Policy for Accessibility Standards

Massachusetts Maine Wisconsin

Oregon Georgia

Web Access

• Options for standards– §508– W3C– Hybrid

• What is a hybrid & why did some states do hybrids?

• Response to state hybrids

Auto Adoption of §508 or W3C Pros & Cons

• Pros– Success in effecting change at state level – may expedite

adoption– Consistency– Product Support- validation tools

• But…

• Cons– No control over changes– If changes occur will implementers have the knowledge,

skills, abilities and tools to conform?

Learning From Others…

Developing & Implementing a Web Access Policy

Patterns & Considerations

• How– State statutes, Local resolutions, technical architecture,

policies,

• Adopt §508 in full or maintain state control

• Standards – States have specifically adopted §508 standards or

descriptive standards based on §508– Universal Access– Functional Performance Standards

Patterns & Considerations

• Accommodation vs. E&IT Infrastructure Accessibility

• Exemptions/No exemptions– No exemptions– All the federal exemptions

• Undue Burden

• Fundamental Alteration

• Commercial Non Availability

• Beneficiaries– Focus on people with visual disabilities – Non Visual Access– All people with disabilities

• Implementation – No responsibility for implementation– Entity given authority to implement may not have authority over

covered entities making enforcement a challenge.– Effective Dates

• Deadline for completion• Full force and effect immediately or phase-in – liability

Patterns & Considerations

Patterns & Considerations

• Scope of Applicability - Varies by state to state- covered entities may be extended by policies– State governmental entities– Schools and Universities – Not-for-profit organizations

• Unfunded Mandates??– Requirement follows the dollar in some states. – Entities supported in whole or part by the state required to

comply. – Efforts and ability to enforce are unclear

• Procurement & In-House Development

– Vendor Clause/Technology Access Clause• Some laws require non-visual access clause for contracts,

vendor assures product is accessible.• Sign-Off Form• Voluntary Product Accessibility Template (VPAT)

http://www.itic.org/reports/508/Sec508.html– 5% Rule

• Complaint Options– Administrative complaint processes– Limited to getting an injunction– Civil action

Patterns & Considerations

Tools to Help

  Web Access Policy & Standards Construction Tool

http://www.ittatc.org/state/policy/

Policy Development

• Purpose• Policy Statement• Scope• Compliance Requirements• Procurement• Testing and Validation• Monitoring• Designated Individuals• Complaint Process• Adoption & Implementation• Terms & Definitions

Contact Information___________________

Deborah BuckExecutive Director, ATAP

dbuck@nycap.rr.com

518.439.1263