Counsel Stack WCAG & ADA Compliance

Is your website compliant? Get a free audit.

To reduce the risk of a lawsuit, you can buy Counsel Stack's accessibility remediation service or schedule a free consultation to learn more.

What you get

  • Remediate non-compliant issues in your code as highlighted in the audit
  • Provide an Accessibility Statement for display on your website
  • Integrate an accessibility overlay (optional)
  • Monthly audit reports (optional)

WCAG Conformance

Web Content Accessibility Guidelines (WCAG) 2.2 provide recommendations for making websites accessible to people with disabilities.

WCAG is not law. It is a set of rules detailing best web accessibility practices.

ADA Title III Compliance

Americans with Disabilities Act (ADA) Title III states that all public accommodations must be accessible to people with disabilities.

The ADA is law. Courts have found that websites can be public accommodations.

Audit and Remediation

Counsel Stack accessibility remediation involves modifying digital content to enhance its accessibility for people with disabilities.

If you aren't compliant, request Counsel Stack remediation today.

ADA Web Compliance Statistics

97%
Of websites are inaccessible
400%
Increase in legal actions (2017-2023)
1500
Demand letters sent per week (2022)
4,065
Lawsuits for web accessibility (2023)

Counsel Stack accessibility remediation service helps you avoid common ADA related web issues including, but not limited to the following

Poor color contrast.

People with limited vision or color blindness cannot read text if there is not enough contrast between the text and background (for example, light gray text on a light-colored background).

Lack of text alternatives (“alt text”) on images.

People who are blind will not be able to understand the content and purpose of images, such as pictures, illustrations, and charts, when no text alternative is provided.

No captions on videos.

People with hearing disabilities may not be able to understand information communicated in a video if the video does not have captions.

Inaccessible online forms.

People with disabilities may not be able to fill out, understand, and accurately submit forms without things like:
  • Labels that screen readers can convey to their users (such as text that reads “credit card number” where that number should be entered)
  • Clear instructions
  • andError indicators (such as alerts telling the user a form field is missing or incorrect)

And more...

To reduce the risk of a lawsuit, you can buy Counsel Stack's accessibility remediation service or schedule a free consultation to learn more.

What you get

  • Remediate non-compliant issues in your code as highlighted in the audit
  • Provide an Accessibility Statement for display on your website
  • Integrate an accessibility overlay (optional)
  • Monthly audit reports (optional)

Understanding the Americans with Disabilities Act (ADA) Title III and WCAG Guidelines

If you aren't compliant, buy Counsel Stack remediation today.

Introduction to the ADA

The Americans with Disabilities Act (ADA), enacted in 1990, is a landmark piece of legislation designed to guarantee that individuals with disabilities receive equal rights in all facets of life.

What is ADA Title III?

ADA Title III explicitly prohibits discrimination against people with disabilities in public accommodations. This includes ensuring physical access to various facilities such as hotels, restaurants, movie theaters, and retail stores.

ada.gov Logo
ada.gov

Digital Accessibility added to Title III

In a significant move in 2018, the Department of Justice clarified that websites fall under the category of "places of public accommodation," thereby requiring them to be accessible to people with disabilities.

"The Department first articulated its interpretation that the ADA applies to public accommodations' websites over 20 years ago. This interpretation is consistent with the ADA's requirement that the goods, services, privileges, or activities provided by places of public accommodation be equally accessible to people with disabilities."
The DOJ's position was further reinforced in 2022, with updated guidance detailing how businesses can ensure their web assets comply with ADA standards.

Notable Title III Cases Cited by the Department of Justice

Rite Aid Corporation

Rite Aid agreed to make their COVID-19 Vaccine Registration Portal more accessible.

The Department reached an agreement with Rite Aid Corporation to address accessibility barriers in Rite Aid’s COVID-19 Vaccine Registration Portal.

Teachers Test Prep, Inc.

Teachers Test Prep agreed to add captions to their online courses for deaf people.

The Department reached an agreement with Teachers Test Prep, Inc., regarding complaints that the test prep company’s online video courses did not provide captions and were inaccessible to people who are deaf.

HRB Digital and HRB Tax Group (H&R Block)

H&R Block fixes their website so people with disabilities can use it with assistive technology.

The Department reached an agreement with H&R Block to address claims that the company failed to code its website so that individuals with disabilities could use assistive technology such as screen reader software, refreshable Braille displays, keyboard navigation, and captioning.

Peapod

Peapod makes their online grocery delivery accessible to individuals with disabilities.

The Department reached an agreement with Peapod to address claims that its online grocery delivery services were not accessible to some individuals with disabilities.

Ada lawsuit statistics - 97% Of websites are inaccessible, 400% Increase in legal actions (2017-2023), 1500 Accessibility demand letters sent per week (2022), 4,065 Lawsuits in 2023 for web accessibility
ADA lawsuit statistics

WCAG Guidelines for Compliance

All is not lost. WCAG guidelines show you how to make content more accessible to a wider range of people with disabilities, including accommodations for blindness and low vision, deafness and hearing loss, limited movement, speech disabilities, photosensitivity, and combinations of these, and some accommodation for learning disabilities and cognitive limitations.

WCAG guidelines are not law

To align with legal expectations and promote accessibility, U.S. courts recommend that businesses comply with WCAG 2.1 at the AA level.

However, following WCAG guidelines is recognized as the best practice for reducing legal risks and ensuring that your website is navigable and usable by individuals with disabilities.

You can learn more about WCAG levels of conformance here.
You can view the Department of Justice's Guidance on Web Accessibility and the ADA here.
The most recent WCAG guidelines, Web Content Accessibility Guidelines (WCAG) 2.2, extend WCAG21, which was published as a W3C Recommendation June 2018.

Counsel Stack is Your Partner in Accessibility

Overlay v. Remediation

While some companies offer overlay tools, there was an increased rate of lawsuits against websites that use overlay tools without fixing the noncompliant code itself.

To reduce the risk of a lawsuit, you can buy Counsel Stack's accessibility remediation service or schedule a free consultation to learn more.

What you get

  • Remediate non-compliant issues in your code as highlighted in the audit
  • Provide an Accessibility Statement for display on your website
  • Integrate an accessibility overlay (optional)
  • Monthly audit reports (optional)
Questions

WCAG and ADA FAQs

Not compliant?

What is WCAG and ADA Title III Compliance?

WCAG (Web Content Accessibility Guidelines) provides a set of recommendations for making websites and web-based applications accessible to people with disabilities. ADA (Americans with Disabilities Act) Title III requires that all public accommodations and commercial facilities be accessible to individuals with disabilities.

How does Counsel Stack mitigate the risk of a noncompliant website?

Counsel Stack's team conducts a thorough accessibility audit of your website, evaluating the UX (user experience), design, source code, and usability to identify areas that do not meet WCAG and ADA Title III standards.

Why is WCAG conformance and ADA compliance important for my website?

Approximately 16% of the world's population lives with some form of disability. Compliance with WCAG and ADA Title III is not only a legal requirement for many websites but also ensures your site is accessible to a wider audience, including individuals with disabilities.

What are the four principles at the top of WCAG 2 Layers of Guidance?

The four principles are perceivable, operable, understandable, and robust, forming the foundation for Web accessibility.

What is the significance of success criteria in WCAG 2?

Testable success criteria are defined for each guideline, with three levels of conformance: A, AA, and AAA.

What should authors consider for accessibility in cognitive, language, and learning areas?

Authors are advised to explore the full range of techniques, including advisory techniques, and seek relevant advice to ensure content accessibility to individuals with varying types, degrees, or combinations of disability.

To reduce the risk of a lawsuit, you can buy Counsel Stack's accessibility remediation service or schedule a free consultation to learn more.

What you get

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