101: Ho 101 : How t w to o Succe Success ssfull fully y - - PDF document

▶
101 ho 101 how t w to o
SMART_READER_LITE
LIVE PREVIEW

101: Ho 101 : How t w to o Succe Success ssfull fully y - - PDF document

Jan 18, 2023 280 likes •501 views

8/29/2018 Digit Digital al Acces Accessibil sibility ity 101: Ho 101 : How t w to o Succe Success ssfull fully y Jumpst umpstar art t your our Pr Prog ogram am Presented by: Jonathan Avila Chief Accessibility Officer Who

slide-1
SLIDE 1

8/29/2018 1

Digit Digital al Acces Accessibil sibility ity 101 101: Ho : How t w to

  • Succe

Success ssfull fully y Jumpst umpstar art t your

  • ur

Pr Prog

  • gram

am

Presented by: Jonathan Avila Chief Accessibility Officer

Who is s Level Acc Access? ss?

The digital accessibility rock stars

  • We rock at digital accessibility so you don’t have to!

Our experts sit

  • n the advisory

boards that craft accessibility laws and standards Advisory Boards Individuals with disabilities are a key part of

  • ur

Accessibility Services Team Service Team We can dive into your code and fix it—and train your developers, too

Your Code

You will have a consistent team of experts who understand your industry Industry Experts

2 levelaccess.com | (800) 899-9659 | info@levelaccess.com

slide-2
SLIDE 2

8/29/2018 2

Topics

Digital Accessibility 101: How to Successfully Jumpstart your Program

  • Digital Accessibility
  • Overview
  • Risks and benefits
  • Discover and Inventory
  • Blueprint and Roadmap
  • Respond
  • Continuous Improvement
  • Resources
  • Please Note: This presentation is not legal advice.

3 levelaccess.com | (800) 899-9659 | info@levelaccess.com

Di Digita tal Acc Accessibil ssibility ty

Removing barriers to access by people with disabilities for digital content

  • Examples of digital content
  • Mobile apps
  • Websites
  • Web apps
  • Documents
  • Surveys and questionnaires
  • Social media posts
  • Emails
  • Support materials
  • Video
  • Adjudications and other official

electronic documents

  • Intranet sites
  • Electronic training materials
  • Kiosks
  • Other electronic devices,

services, and products

4 levelaccess.com | (800) 899-9659 | info@levelaccess.com

slide-3
SLIDE 3

8/29/2018 3

A Graying Globe…

People are getting older… every day, in fact!

  • Global population growth declining
  • Life expectancy is growing

Pretty pictures pulled from Mary Meeker’s 2016 Internet Trends Talk.

5 levelaccess.com | (800) 899-9659 | info@levelaccess.com

…that uses technology

Seniors like to stay connected!

  • 42% of seniors now own a smartphone…
  • …but that’s still half the rate of the 18 to 64

cohort

  • Technology penetration is working its way

up in ages

  • Drastically higher rates of use in the 65 – 74

range than the 75+ range

  • Educational attainment and

socioeconomic status vary adoption rates strongly, positively

  • Device, Internet, Smartphone and Social

Media usage and penetration all correlated

  • Disability status has a material impact on

technology use

“42% [of] adults ages 65 and older now report

  • wning smartphones, up

from just 18% in 2013.” “67% of seniors use the internet – a 55-percentage- point increase in just under two decades.” “45% of seniors under the age of 75 say they … use social networking sites, compared with 20% of those ages 75 and older.”

Data from Pew Research Center Tech Adoption Climbs Among Older Adults 6 levelaccess.com | (800) 899-9659 | info@levelaccess.com

slide-4
SLIDE 4

8/29/2018 4

Omni Omni-Cha Channel Comme Commerce

  • e-Commerce
  • Projected as 10.0% of retail sales in 2016
  • Last data at 9.1% in Q3 2017 (U.S. Census

Bureau)

  • Estimated 14.6% by 2020
  • Mobile search growing across core

retail and retail services categories

  • Retailers and retail service providers

developing strategies that are

  • Multi-device
  • Integrate physical & digital experience
  • Multi-modal

Graphic: eMarketer (2016), How People Use Their Devices (2016), U.S. Census Bureau (2017) 7 levelaccess.com | (800) 899-9659 | info@levelaccess.com

Dis iscu cuss ssion: ion: Wha hat t ar are e ways ays tha that t you

  • u

see see the the physi physica cal l an and digital d digital exp xperien erience ce mesh? mesh?

levelaccess.com | (800) 899-9659 | info@levelaccess.com 8

slide-5
SLIDE 5

8/29/2018 5

Do Do you th think you are Acc Accessible? ssible?

  • Chances are some or most of your digital assets are not fully

accessible

  • Some people won’t be able to access them
  • This poses risk when customers or trolls surf-by access the asset

?

levelaccess.com | (800) 899-9659 | info@levelaccess.com 9

Perso sonas

It’s about real people

  • Suman is blind and uses a screen reader on her mobile

phone to check account balance and deposit checks

  • Jason has low vision and uses browser zoom to use his

shopping online services

  • Darian has cerebral palsy and uses a head-pointer with

keyboard to access online services

  • Sadaf is deaf and uses captions to watch videos, uses
  • nline systems and mobile deposit

10 levelaccess.com | (800) 899-9659 | info@levelaccess.com

slide-6
SLIDE 6

8/29/2018 6

Di Digita tal Acc Access ss Inc Increase ses s Acc Accessibil ssibility ty

  • Digital access reduces real world barriers:
  • Transportation issues to the branch are problematic for people

with disabilities

  • Communications and translation services needed for someone

who has a speech impairment or who is deaf or hard of hearing

  • Mobile banking allows forms to be filled out electronically rather

than using paper

11 levelaccess.com | (800) 899-9659 | info@levelaccess.com

Enforcemen ment t Sta tatu tus s of th the AD ADA

Americans with Disabilities Act (ADA)

  • Expect enforcement privately

through litigation, and structured negotiations

  • DoJ has cut back on new

enforcement actions – continues to manage current agreements

  • Advocacy groups and plaintiffs

bar using litigation to accomplish access

  • Tracking standards continue to

be WCAG 2.0 A & AA – moving to WCAG 2.1

“I’ve had to explain to clients that just because the current administration might choose to dial it back, it does not mean the courts are necessarily going to do the same.” – Teresa Jakubowski, Partner, Barnes & Thornburg LLP

12 levelaccess.com | (800) 899-9659 | info@levelaccess.com

slide-7
SLIDE 7

8/29/2018 7

Litiga tigation tion Acc Acceleration tion

Americans with Disabilities Act (ADA)

  • ADA litigation

continues to accelerate

  • Increased 210%

YoY in 2017

  • Still a small

percentage of

  • verall ADA Title

III lawsuits

  • We expect growth

will slow but still be robust going forward

2000 4000 6000 8000 10000 12000 14000 2013 2014 2015 2016 2017 2018 2019 2020 2722 4436 4789 6601 7735 9063 10620 12444 15 19 57 262 814 1945 3296 4441

ADA TITLE III LAWSUIT BREAKOUT

ADA Title III Lawsuits Web Accessiblity Lawsuits Source: ADA Title III 13 levelaccess.com | (800) 899-9659 | info@levelaccess.com

Target t Ind Industr stries

Americans with Disabilities Act (ADA)

  • Industries with links to physical locations subject to more

lawsuits

  • As we start to reach saturation in some industries, expect

new industries to be opened

100 200 300 400

Lawsuits by Industry

Academic Entertainment Financial Hospitality Restaurant Medical Personal Services Retail Other Vehicle Manufacturer

Industry 3/16 10/16 1/17 8/17 Academic 2 3 6 7 Entertainment 1 11 14 27 Financial 1 2 9 17 Hospitality 4 12 23 57 Restaurant 3 45 76 186 Medical 8 9 42 Personal Svs 1 4 8 18 Retail 43 148 190 353 Other 4 8 22 Vehicle Mfr 7 8 13 Total 55 244 351 742

Source: ADA Title III 14 levelaccess.com | (800) 899-9659 | info@levelaccess.com

slide-8
SLIDE 8

8/29/2018 8

Gil Gil v. Winn-Di Dixie Sto tores, s, Inc Inc.

Americans with Disabilities Act (ADA)

  • Gil visited Winn-Dixie’s

website in order to download coupons and refill prescriptions

  • Gil alleged the site violates

the ADA

  • Bench trial with three

witnesses

  • One week after the trial, the

Court issued a decision:

  • Nexus concept applies –

website is covered

  • Winn-Dixie ordered to

remediate its website to comply with WCAG 2.0

“[Winn-Dixie] is a real cautionary tale for businesses that think they can sit back and not be proactive in terms of their remediation efforts. They can really get hit pretty hard and have a court fashion a remedy for them. Even though the present administration is very clearly not going to be moving forward in this space with implementation of any type of regulations that would clarify the accessibility of websites and mobile apps, that’s not going to stop private plaintiffs and nonprofit groups from moving forward and frankly, it might even embolden them to press ahead because of the lack of clarity and the conflicts in the courts right now.” – Nicole Sieb Smith, Partner, Rumberger Kirk & Caldwell

15 levelaccess.com | (800) 899-9659 | info@levelaccess.com

Sta tate te of th the Law

Americans with Disabilities Act (ADA)

  • Different judges,

different cases, different rulings

  • Slim on precedence,

principally fact-based

  • Vast majority of cases

settle

  • A few cases on appeal

“…all we have are largely fact-specific decisions by federal district courts, which are not binding on anyone else.” – Donald Brown, Partner, Manatt, Phelps, & Phillips LLP “Each time a new [case] comes out, whichever side you’re on, you’re going to point to it and say that’s good news. Ultimately, cases are still coming down different ways depending on the judge.” – Kristina Launey, Partner, Seyfarth Shaw LLP

16 levelaccess.com | (800) 899-9659 | info@levelaccess.com

slide-9
SLIDE 9

8/29/2018 9

Dis iscu cuss ssion: ion: Ha Have e

  • th
  • ther

er businesses businesses in in you

  • ur

r spac space e rec eceiv eived ed de deman mand d letter letters s or

  • r

li litiga tigation? tion?

levelaccess.com | (800) 899-9659 | info@levelaccess.com 17

Ign Ignoring ring Acc Accessibil ssibility ty is s not t Realistic stic

  • It’s a civil right for people with disabilities – your customers,

citizens, and employees

  • Civic engagement, public meetings, and voting
  • Access to local government services
  • E.g. Transportation, Paying bills and viewing records
  • Access to employment applications, employment, HR
  • Retail, Financial, travel, and hospitality sites
  • Goal: full & equal enjoyment of services, goods, facilities,

advantages, & accommodations with effective communications

  • Avoid segregation, denial of services without access to auxiliary

aids and services.

18 levelaccess.com | (800) 899-9659 | info@levelaccess.com

slide-10
SLIDE 10

8/29/2018 10

Ign Ignoring ring Acc Accessibil ssibility ty (co (cont.) t.)

  • It creates risk and tarnishes your brand
  • Litigation, legal fees, social media backlash
  • Settling one lawsuit doesn’t prevent others from threatening litigation
  • Growth of recent digital lawsuits likely places you as a target
  • Enjoy financial benefits as customers want to buy accessible
  • Nearly all states and the Federal government require accessible web

sites and most have accessible procurement policies

  • More organizations are asking about accessibility in procurement

process

  • Customers with disabilities and their friends and family support

businesses that are accessible

  • Having inclusive experiences is the right thing to do in a diverse

world

19 levelaccess.com | (800) 899-9659 | info@levelaccess.com

Taking Di Digita tal Acc Accessibil ssibility ty Seriou riousl sly

  • Applying band-aids to cover up

issues is not a long term solution

  • Accessibility must be addressed

systemically

  • Simply performing an audit of an

asset and fixing some issues is not likely to reduce your risk or increase access in the long term

  • Non-digital alternatives like

phone lines are no longer being seen as equivalents to 24/7 digital access

20 levelaccess.com | (800) 899-9659 | info@levelaccess.com

slide-11
SLIDE 11

8/29/2018 11

Dis iscu cuss ssion: ion: Wha hat t do do you

  • u think

think is is the the fir first st step step to to ad addr dress ess digital digital ac acce cess ssibil ibility ity?

levelaccess.com | (800) 899-9659 | info@levelaccess.com 21

One size doesn’t fit all

Offering multiple ways of interaction will allow people with diverse ability and situations to perceive, operate, and understand your content.

  • People have a spectrum of needs –

flexibility, adaptability and personalization are key

  • The limitation is not the user’s disability

but the digital or physical environment

  • Users do not want alternative systems
  • Best applied early in the design process

– accessibility is the goal

One size doesn’t fit all

22 levelaccess.com | (800) 899-9659 | info@levelaccess.com

slide-12
SLIDE 12

8/29/2018 12

Acc Accessibil ssibility ty is s a Journey

  • It takes time to fully implement a program but there are

initial steps you can take to help increase access and reduce risk

  • A full program may take several years
  • Short term steps are needed to reduce immediate risk
  • The best long term way to address conformance is

inclusive design

  • Alternative sites are not welcome options
  • Bake accessibility into your organization’s culture rather

than thinking about accessibility as a separate task or retrofit add-on

  • Accessibility fixes improve the experience for all users
  • Accessibility about more than just users who are blind

23 levelaccess.com | (800) 899-9659 | info@levelaccess.com

In Invento tory y and Di Disc scover

What assets are causing the most risk or have the least access

  • Determine applicable requirements
  • Scope
  • Public sites, internal sites, third party sites, etc.
  • Advanced communication services and

video programming

  • Health care related items
  • Laws/Regulations
  • ADA, CVAA, Section 508/508-like, EHR, ACA
  • Case law, settlements, structured negotiations
  • WCAG 2 as de facto web accessibility standard

24 levelaccess.com | (800) 899-9659 | info@levelaccess.com

slide-13
SLIDE 13

8/29/2018 13

Comp Complete te your r In Invento tory

Discover and classify your digital assets

  • Complete an Accessibility Questionnaire and System Survey
  • Consider future planned assets and updates
  • May need to use tools or perform audits or reviews to

discover assets

  • e.g., many organizations are not aware of exactly how many

PDF documents and videos are on their site

25 levelaccess.com | (800) 899-9659 | info@levelaccess.com

Buil Build Your r Bl Blueprint rint

Talk with stakeholders and analyze your organizational map

  • Interview stakeholders
  • Talk to legal counsel
  • Assign specific owners and governance
  • Accessibility cannot simply live under legal (although there must

be a connection)

  • Each person in your organization has a role to play in inclusive

design and accessibility

  • Having a coordinator and leader is crucial to success
  • Effective programs have roll up to the C-level

26 levelaccess.com | (800) 899-9659 | info@levelaccess.com

slide-14
SLIDE 14

8/29/2018 14

Comp Complete te Your r Bl Blueprint rint

Prioritize through auditing

  • Automatically monitor all web assets
  • Test results will help you prioritize
  • Manually test highest priority content
  • Create a system analysis and risk prioritization

model - Prioritization may include factors such as:

  • User type (standard users/administrators, patients/care givers, etc.)
  • Frequency of use/traffic
  • Relationship to core user journeys
  • Issues that can be detected automatically or part of core journeys
  • Accessibility or other feedback specific pages
  • Identify changes needed in process, communications, tools,

documentation, procurement

27 levelaccess.com | (800) 899-9659 | info@levelaccess.com

Dis iscu cuss ssion: ion: Wha hat t ar are e some some co core e wor

  • rkf

kflo lows s for

  • r you
  • ur

r indu industr stry? y?

levelaccess.com | (800) 899-9659 | info@levelaccess.com 28

slide-15
SLIDE 15

8/29/2018 15

Resp spond

  • Create a public-facing accessibility statement
  • Not a statement on conformance but of your commitment
  • Provide contact details so users can provide feedback
  • Develop and deploy organizational accessibility policy
  • Covers standards, governance, training, etc.
  • Disseminate this policy across the organization, including to
  • Support, development staff, and contractors
  • Create an Issue Resolution Policy
  • Provide ways for customers to provide feedback
  • Have policy on how to handle accessibility bugs
  • Get a procurement policy in place
  • If you require third-party content, then you are responsible for its use

29 levelaccess.com | (800) 899-9659 | info@levelaccess.com

Commun Communicate te Inc Inclusiv sively

  • Implement a process to ensure public communications are

accessible

  • Social media policy and process in place
  • Images will have alt text (easy to do on FB & Twitter!)
  • Post alternatives on your site when social media sites

are not accessible

  • Videos
  • Design script to include audible description of visuals
  • Plan to have videos captioned
  • Email template accessibility
  • Messaging formats such as IMs
  • Add a link to your accessibility statement from communications

30 levelaccess.com | (800) 899-9659 | info@levelaccess.com

slide-16
SLIDE 16

8/29/2018 16

The De Developmen ment t Lifecycle

Continuously improve – be proactive

  • Accessibility is not a one-time fix
  • Moving inclusive design upstream in lifecycle makes the

cost to address negligible

  • Obtain tools to place accessibility into design, development,

and testing process

  • Monitor quality of production systems
  • Integrate testing into continuous testing

and development

  • Update design guides, pattern libraries,

and other materials used to design and build content

  • Update CMS templates
  • Obtain best practice library

31 levelaccess.com | (800) 899-9659 | info@levelaccess.com

Dis iscu cuss ssion: ion: Wha hat t ar are e some some oth

  • ther

er ways ays to to mo move e ac acce cess ssibil ibility ity up upstr strea eam? m?

levelaccess.com | (800) 899-9659 | info@levelaccess.com 32

slide-17
SLIDE 17

8/29/2018 17

In Involve use sers s wi with th Di Disa sabilities ties

  • Communicate with

users that have disabilities

  • Perform user

testing to address real world needs rather than just standards

33 levelaccess.com | (800) 899-9659 | info@levelaccess.com

Dis iscu cuss ssion: ion: Wha hat t types types of

  • f things

things might might user user testing testing un unco cover? er?

levelaccess.com | (800) 899-9659 | info@levelaccess.com 34

slide-18
SLIDE 18

8/29/2018 18

Training

Create a plan and curriculum

  • Top priority for customer-facing and support staff
  • Access to materials and scripts
  • Awareness of disabilities and assistive technology
  • List of accessibility compatibility features
  • Escalation path when people have accessibility issues
  • Training designers and developers
  • All other staff

35 levelaccess.com | (800) 899-9659 | info@levelaccess.com

Inc Inclusiv sive Design Design

  • Focus on design rather than outcome (although outcome is

goal)

  • Accept user input through iterative process
  • Considers diversity of humans and their abilities among other

things

  • Design outside of the idealized user
  • Accessibility and standards are a way to measure how

progress has been made

  • Conformance to the standards does not mean site will be usable by all

36 | May 17, 2018

slide-19
SLIDE 19

8/29/2018 19

Sample mple plan for r new o w organiza zation tion

Phase 1

1. Reach out to accessibility vendor with access to people with disabilities and legal counsel 2. Perform asset survey and analysis with stakeholders 3. Create prioritization report 4. Create accessibility statement and feedback mechanism 5. Create design checklists 6. Audit primary site 7. Train customer service staff, web designers, and developers 8. Update site design documents for future updates 9. Remediate primary site

  • 10. Create conformance statement

37 levelaccess.com | (800) 899-9659 | info@levelaccess.com

Dis iscu cuss ssion: ion: Ha Has s you

  • ur

r or

  • rga

ganiza nization tion tak taken en a a si simil milar ar or

  • r

dif differ eren ent t app pproa

  • ach?

h?

levelaccess.com | (800) 899-9659 | info@levelaccess.com 38

slide-20
SLIDE 20

8/29/2018 20

Quest Questions ions

39

Reso sources

  • ADA and the Internet: Legal Update Q&A and Webinar Resources
  • ADA and the Web – What Retailers Need to Know
  • ADA and the Internet: ADA Settlements – Customer Service
  • ADA and the Internet: ADA Settlements – Testing and Bug Fixing
  • ADA and the Internet: ADA Settlements – Policies, Public

Statements, and Personnel

  • ADA and the Internet: ADA Settlements – Third-Party Solutions

and WCAG Carve-Outs

  • ADA Title III: News & Insights

40 levelaccess.com | (800) 899-9659 | info@levelaccess.com

slide-21
SLIDE 21

8/29/2018 21

Thank You/ Con Conta tact t Us Us

Contact Us

Jonathan Avila Chief Accessibility Officer jon.avila@levelaccess.com @jonavilaa11y

Follow Us

LevelAccessA11y Level-Access Level Access Level Access Blog

41 levelaccess.com | (800) 899-9659 | info@levelaccess.com