Accessibility: Good Business Practice and Legally Required · •Winn-Dixie Stores, 1:16-cv-23020-RNS (SDFl June 13, 2017): Individual using JAWs could not access Winn-Dixie’s online

Accessibility: Good Business Practice and Legally Required

Improving the quality of life of individuals with disabilities and their families.

Holly Stiles, Senior Attorney

Title III of the Americans with Disabilities Act

• Covers “public accommodations” – aka private and non-profit businesses open to the public, specifically includes credit unions (banks) in coverage

• Prohibits discrimination on the basis of disability, requires that people with disabilities have full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.

The year was 2017…

• Lawsuits are being filed across the country regarding website accessibility.• https://www.law360.com/articles/871491/trending-ada-website-

accessibility-lawsuits

• On July 20th, DOJ placed website accessibility regulations under Titles II and III of the ADA on hold.• http://www.adatitleiii.com/2017/07/doj-places-website-rulemaking-on-the-

inactive-list/

• Attorneys representing business recommend moving forward with accessibility revamps of their website, using WCAG 2.0 AA standards as their compliance guidelines.• http://www.jdsupra.com/legalnews/doj-disables-titles-ii-and-iii-website-

48500/

Web Accessibility Is A Civil Right

• Blick Art Materials, 1:17-cv-00767-JBW-RLM (EDNY Aug. 1, 2017): affirmed that websites are “public accommodation” under ADA• “Today, internet technology enables individuals to participate actively in their

community and engage in commerce from the comfort and convenience of their home. It would be a cruel irony to adopt the interpretation of the ADA espoused by Blick, which would render the legislation intended to emancipate the disabled from the bonds of isolation and segregation obsolete when its objective is increasingly within reach.”

• Five Guys, 1:17-cv-00788-KBF (SDNY July 21, 2017): websites are places of public accommodation, referenced WCAG 2.0 as the standard that ensures equal access

Web Accessibility Is A Civil Right (2)

• Hobby Lobby, CV 17-1131-JFW(SKx) (CDCa June 15, 2017): Hobby Lobby argued that the lack of regulation re: web accessibility meant that there is no standard for “accessibility.” The court rejected Hobby Lobby’s argument, and advised that it would fashion a remedy in the case setting the level of accessibility required.

• Winn-Dixie Stores, 1:16-cv-23020-RNS (SDFl June 13, 2017): Individual using JAWs could not access Winn-Dixie’s online pharmacy feature or digital coupons. Court found that Winn-Dixie’s website is “heavily integrated” with its physical locations and operates as a gateway to its physical store locations, and is a place of public accommodation within Title III. Store ordered to bring its website into compliance with WCAG 2.0.

Structured Negotiations Reached with Financial Firms and Banks

• E*Trade (2016): accessibility of website, mobile app, and online trading platform

• Bank of America (2016, 2015, 2013): accessibility of mortgage documents, credit card rewards website, security features on bank website and mobile apps

• Charles Schwab (2012): accessibility of website

• TCF Bank (2008): availability of talking (accessible) ATMs and alternative formats of printed materials

• American Express (2005): availability of Braille and large print credit card statements

Comprehensive list of settlements available at www.lflegal.com/category/settlements/

Is my credit union accessible? Whose business have I unknowingly lost?

• Potential/Members who are Deaf or hard of hearing: can they communicate with your staff?

• Potential/Members who have physical disabilities: can they open doors to the branch independently? Are your ATMs and teller windows designed correctly? Are there clear, wide paths of travel?

• Potential/Members who have visual impairments: do you provide documents in accessible formats (Braille, large print, screen reader friendly)? Do you have talking ATMs? Are your POS devices tactile and accessible?

• Potential/Members who have guardians or powers of attorney: does your credit union offer joint accounts, flexible withdrawal limits, or other special features?

Is your staff comfortable and confident interacting with members with disabilities?

North Carolina AssistiveTechnology Program

Life, accessible.

9

Lynne Deese

NCATP’s Raleigh Center

[email protected]

WebAIM (Web Accessibility in Mind) Associate Director, Jared SmithAbout 8.5% of the population has a disability that affects computer use. That’s a very minimal number taken from the US Census data. About 20% of the population has a disability.

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[P]eople with disabilities are going to go to the places

that are most accessible to them. And so, I really see

this 8.5% or more of the population as really being an

opportunity, maybe a market opportunity, to expand

your reach and really have this population come to

you.

Web Content Accessibility Guidelines

Creating a POUR Site 4 principles:

perceivable, operable,

understandable, robust

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World Wide Web Consortium-Web Accessibility Initiative-Web Content Accessibility Guidelines

Perceivable

• Is your website presenting information in a way that can be interpreted easily by the user?

• Is your user interface components making your site easy to sense?

• Person with visual hearing impairment and cognitive disabilities

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Operable • Is there anything about

your site that makes it impossible for some users to operate?

• Is it asking them to do things they cannot do?

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Understandable

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• Can your users understand the information on your site?

• Can they understand how to operate your site?

Robust • Can your users access

your site with any browser?

• Can they access it with assistive technologies like screen readers, keyboards only, refreshable braille

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Tools • WAVE http://wave.webaim.org/

• NVDA https://www.nvaccess.org/

• VoiceOver and Apple Vision Accessibility

https://www.apple.com/accessibility/mac/vision/

• Web Accessibility Evaluation Tools List

https://www.w3.org/WAI/ER/tools/

• Selecting Web Accessibility Evaluation Tools

https://www.w3.org/WAI/eval/selectingtools

• Accessibility Evaluation Resources

https://www.w3.org/WAI/eval/Overview.html

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Devices Apps• Ubiduo

• Writing Guides

• Portable Loop

• Handheld Video Magnifier

• Motion Savvy

• Boogie Board

• Flip Writer

• Interact-AS

• ClaroCom Lite

• Claro Mag X

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There are many apps and devices with like or similar functions. This is by no means a comprehensive list. Try searching for apps through app search engines like http://bridgingapps.org.

CompaniesCriterion Web Accessibility Solutions

Interactive Accessibility

Essential Accessibility (with user assessment)

Cryptzone’s Compliance Sheriff

Web Accessibility Experts (American Foundation for the Blind)

WebAIM Services

3PlayMedia (captioning, transcripts, audio description)

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A. Lynne Deese, MAAssistive Technologist

Media and Training Specialist

919-859-8362