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Quick Facts on the ADA and Digital Accessibility
• The Americans with Disabilities Act was published in 1990. It is a civil rights law that protects people with disabilities from discrimination and enables them to fully participate in all aspects of daily life.
• Regardless of size or industry, the ADA applies to all public and private organizations in the United States. Public organization standards are in Title II of the ADA and private organizations are in Title III.
• Although the ADA does not have specific language about digital accessibility, Title III requires that “places of public accommodation” be accessible to people with disabilities and courts have upheld that this includes websites, apps, and other digital “places.”
• While many attempts have been made to revise the ADA to include specific standards for technology, it remains as it was written in 1990. Accessibility experts recommend that organizations aim for achieving compliance with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.
• Solutions that claim ADA compliance can be achieved quickly and easily are too good to be true. However, it is possible to build a sustainable accessibility program with the proper tools, procedures, and training.
• Penalties for inaccessible technology are currently dealt with through the legal system. Most cases settle out of court, but even then, the attorneys’ fees can be tens of thousands of dollars. Once a settlement is reached, remediating the inaccessible technology is another large investment that must now be done on the plaintiff’s timeline rather than your own.
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