Digital Accessibility
Ensuring that a business’ communication is accessible also encompasses ensuring that a business’ website and other digital content is accessible. Many people who are blind or have low vision cannot access websites or other digital content unless they are designed in a certain way, and other disabilities can affect the way a person processes digital content. You need to make sure that your digital content is viewable for all your potential customers, just like how paper forms in your storefront would need to have an accessible alternative.
Depending on their jurisdiction and business model, many businesses are legally required to have accessible digital content under the ADA, but there are no regulations that control how websites and other digital content must be made accessible.1 The US Department of Justice has adopted digital content design regulations for government entities,2 but following these regulations is still a smart idea. The standards adopted for government entities are likely to be considered adequate for private entities as well. Beyond legal compliance, it is good business to ensure that all potential customers can access your website.
Under current regulations for governmental entities, “digital accessibility” is defined as any content found online or on a digital platform: your website, mobile applications (apps), digital files and forms kept online, social media, videos hosted online, and any other content on your site or apps.3 The current standard for digital accessibility is called Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA. WCAG is guided by four principles: content must be perceivable, operable, understandable, and robust.4 In simpler terms, all of your digital content needs to be easily operated by customers no matter what aids or tools they use, and the information found and experience using the site should be equal for everyone. Many of the standards relate to fixing specific scenarios that make barriers for certain people with disabilities; sensory disabilities like blindness or deafness, as well as muscular-based disabilities and cognitive disabilities, are some of the main points of focus for ensuring access. Some of the specific standards involve the readability of text, the amount of color contrast between characters and backgrounds, what is used to navigate a webpage, and alternative text on images.
There are websites provided in the Resources section of this page that will help do an initial accessibility review of your website. You can place the web address into the page, and it will highlight red flag issues. These sites are a useful tool, but are no substitute for a comprehensive audit. Additionally, many disability organizations have someone who may be able to test your website or digital content for you. Finally, some organizations have designed widgets or add-ons for accessibility.
We recommend, however, that you hire a professional to do a thorough review of digital content and build in any changes. Most of this website is written with the goal of enabling you to take charge of your transition towards being more accessible, giving you the resources to conduct your own self-evaluation and transition if desired. Unfortunately, for this task, we strongly recommend finding a professional who specializes in digital accessibility and WCAG 2.1 rather than trying to alter your digital content yourself given the highly technical nature of this area.
Resources
Footnotes
[1] § 36.303-c. ↩
[2] U.S. Department of Justice, Fact Sheet: New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments (April 8, 2024), available at https://www.ada.gov/resources/2024-03-08-web-rule/. ↩
[3] WCAG 2.1, available at https://www.w3.org/WAI/WCAG22/quickref/?versions=2.1. ↩
[4] Id. ↩