Regulating digital accessibility & encouraging compliance · PDF fileRegulating digital accessibility & encouraging compliance. Clive Holdsworth. Head of Digital. May 25 2011

Regulating digital accessibility & encouraging compliance

Clive HoldsworthHead of DigitalMay 25 2011

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Agenda

The Equality Act

Codes and guidance

Principles and application

Legal case example

Digital Accessibility Web Essentials eLearning

Recommendations for compliance

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The legal contextThe Equality Act 2010Supersedes Disability Discrimination Act (except in Northern Ireland)Strengthening: improving the effectiveness of equality legislation Harmonising: providing the same level of protection from discrimination across all protected characteristics and all sectors, where appropriate Streamlining: simplifying and consolidating over 100 pieces of separate equality legislation

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Key aspects of Equality Law Discrimination direct & indirect

Disabled users should not be put at a substantial disadvantage compared to non-disabled users

Reasonable adjustments

Public Sector Equality Duty

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Sources of informationStatutory codes of practice

Legal status - can be used in court

Employment Employers & workers Services, public functions & associations

Providers and users Further and higher education Schools Public Sector Equality Duty

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Service codes

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Reference examples

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Sources of informationNon-statutory guidance

No legal status in court guidance only

Employment Services, public functions & associations Further and higher education Schools Public Sector Equality Duty Digital Accessibility (Late Summer 2011) Supplemented by forthcoming eLearning

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Codes & Guidance on EHRC site

http://www.equalityhumanrights.com/advice-and-guidance/new-equality-act-guidance

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Principles & application 1

All people, irrespective of race, religion, gender, age, disability, sexuality or transgender status should be provided with equality of opportunity

Poor web accessibility means an organisation can be prosecuted for unlawful discrimination

EHRC has powers to take action directly against organisations who dont comply as well as support legal complaints from individuals

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Principles & application 2

UK law does not reference WCAG or other web guidelines only a court can decide if a website complies or not

Conforming to a particular level of WCAG does not necessarily make a web site compliant

Key factor is whether disabled users can access & use the site without unreasonable difficulty Relevant factors: time, inconvenience and effort

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Legal example from Canada

Canadian government recruits only through its website

Donna Jodham, a blind accessibility consultant, sued as she was unable to apply for a job

Online recruitment process was judged inaccessible so court ruled against it

Canadian Government have appealed but still seen as landmark ruling

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Digital Accessibility Web Essentials

E-Learning course to provide background and guidance on web accessibility

Developed by EHRC with AbilityNet and BCS Four topics What is it, Why do it, How to do it,

How to measure it Targeted at web owners, wed designers and web

design educators/trainers Level 1 but potentially an accredited qualification Pre-launch at eAccess 11 on June 28 2011 Available at very low cost

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Digital Accessibility Web Essentials

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Recommended ways to achieve compliance

Adopt a user-centred process as advocated in BS8878

Automated Tools & Expert Reviews Testing with Users Professional Accessibility Audits Take the Digital Accessibility Web

Essentials course

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Questions?

Clive HoldsworthHead of [email protected] 25 2011

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