November 13, 2018
Assistance by: Jonathan Rogoff, Esq.
You may have heard from your medical society or the news that Plaintiffs law firms are trolling the web to find instances where medical professional’s websites are not ADA compliant. Click here for local news on this. So, what does that mean? What do you have to do to avoid another area of target?
Website ADA compliance requires adherence to Web Content Accessibility Guidelines (WCAG) 2.0 AA, which, inter alia:
Web Content Accessibility Guidelines (WCAG) is developed through the W3C process in cooperation with individuals and organizations around the world, with a goal of providing a single shared standard for web content accessibility that meets the needs of individuals, organizations, and governments internationally.
The WCAG documents explain how to make web content more accessible to people with disabilities. Web “content” generally refers to the information in a web page or web application, including:
- natural information such as text, images, and sounds
- code or markup that defines structure, presentation, etc.
The gist of WCAG is as follows, your Web Designer should confirm that your website has certain text embedded into your website so that any images or videos recorded also have text descriptions so that a disabled user can, on their end, use a website reading tool to interpret the entirety of the website.
To understand from WCAG (the required standard) CLICK HERE, excerpt below -
All non-text content that is presented to the user has a text alternative that serves the equivalent purpose, except for the situations listed below. Hide full description
Controls, Input: If non-text content is a control or accepts user input, then it has a name that describes its purpose. (Refer to Guideline 4.1 for additional requirements for controls and content that accepts user input.)
Time-Based Media: If non-text content is time-based media, then text alternatives at least provide descriptive identification of the non-text content. (Refer to Guideline 1.2 for additional requirements for media.)
Test: If non-text content is a test or exercise that would be invalid if presented in text, then text alternatives at least provide descriptive identification of the non-text content.
Sensory: If non-text content is primarily intended to create a specific sensory experience, then text alternatives at least provide descriptive identification of the non-text content.
CAPTCHA: If the purpose of non-text content is to confirm that content is being accessed by a person rather than a computer, then text alternatives that identify and describe the purpose of the non-text content are provided, and alternative forms of CAPTCHA using output modes for different types of sensory perception are provided to accommodate different disabilities.
Decoration, Formatting, Invisible: If non-text content is pure decoration, is used only for visual formatting, or is not presented to users, then it is implemented in a way that it can be ignored by assistive technology.
Show techniques and failures for 1.1.1
Guideline 1.2 – Time-based Media
Provide alternatives for time-based media.
For prerecorded audio-only and prerecorded video-only media, the following are true, except when the audio or video is a media alternative for text and is clearly labeled as such: Hide full description
Prerecorded Audio-only: An alternative for time-based media is provided that presents equivalent information for prerecorded audio-only content.
Prerecorded Video-only: Either an alternative for time-based media or an audio track is provided that presents equivalent information for prerecorded video-only content.
Show techniques and failures for 1.2.1
Captions are provided for all prerecorded audio content in synchronized media, except when the media is a media alternative for text and is clearly labeled as such.
We can thank the NY Post for stopping this person - https://nypost.com/2018/07/26/lawyer-slams-brakes-on-walking-clients-wheelchair-lawsuits/.
Order Policies and Training here:
Learn about the law and what you need by watching our Free webinars:
Webinar 1: CLICK HERE NYS Free Sexual Harassment Policies: Employer Beware (overview in 6 minutes)