Understanding Website Accessibility
Fundamental Concept of Accessibility
An accessible website ensures that everyone, regardless of their abilities or the assistive technologies they use, has equal access and usability.
Inclusive Design for All Users
Accessible websites embrace an inclusive design strategy, catering to the diverse needs of users, including those with visual, auditory, motor, and cognitive disabilities. By emphasizing accessibility, these websites create an optimal experience for everyone, ensuring that information and services are universally accessible and usable.
Accommodating Various Devices
Web accessibility also considers the wide range of devices and assistive technologies that people use to browse the internet. Some common assistive technologies include:
- Screen readers
- Voice recognition software
- Alternative input devices
- Other tools that help users navigate and interact with web content
Ensuring compatibility with these technologies improves a website’s overall accessibility, making it more adaptable and user-friendly for people with diverse needs and preferences.
Considering Different Access Points
Lastly, website accessibility includes designing for various ways people access the internet. Websites should be optimized for both slow and fast connections and provide a seamless experience for mobile users and those with limited bandwidth. This approach acknowledges the global diversity of internet infrastructure and highlights the importance of making online content accessible to all.
Legal Requirements and Risks
Accessibility Laws
Accessibility laws are essential in promoting equal opportunities and preventing discrimination against individuals with disabilities, both in the United States and globally. Various laws exist to ensure websites are accessible across different sectors.
Section 504 and 508
The Rehabilitation Act of 1973, particularly Sections 504 and 508, applies to entities receiving U.S. federal funds and is enforced by multiple U.S. government agencies. If your organization offers services or products to government agencies, educational institutions, or K-12 schools, your website may need to meet accessibility standards to continue serving these clients.
Americans with Disabilities Act (ADA)
The ADA Titles II and III mandate that businesses and nonprofits in the U.S. maintain accessible websites. Enforcement is typically through lawsuits filed by private individuals, with over 4,500 cases reported in 2023. Although the ADA does not specifically mention websites, evolving case law and guidelines from ADA.gov have established that websites must be accessible under the ADA.
European Accessibility Act (EAA)
The EAA is a directive from the European Union requiring member states to implement website accessibility laws. These laws apply to organizations with more than ten employees and over €2 million in revenue, covering any commercial activity within the EU. Enforcement begins in June 2025, impacting U.S. companies operating in the EU similarly to GDPR.
Accessibility Laws in Canada
In Canada, several laws mandate website accessibility, notably the Accessibility for Ontarians with Disabilities Act (AODA) and the Accessibility for Manitobans Act (AMA). These laws apply to businesses in the respective provinces or those serving customers there, with specific reporting and accessibility requirements.
Global Accessibility Laws
Many countries have their own website accessibility laws aimed at preventing discrimination against individuals with disabilities and promoting accessibility. These laws vary in scope and applicability. Businesses should seek legal advice to understand which laws pertain to their operations.
Trends in Accessibility Lawsuits
In recent years, the U.S. has seen a significant increase in website accessibility lawsuits, with 4,500 cases filed in 2023 alone. This surge highlights the growing advocacy for equal access to online platforms.
Key Locations for Lawsuits
New York, California, and Florida are the top states for accessibility lawsuits, although cases are widespread across the country.
Businesses Targeted
E-commerce platforms are the most frequent targets, with 82% of lawsuits directed at online retailers. Since 2018, over 80% of the top 500 e-commerce companies have faced such lawsuits. Notably, 73% of these lawsuits targeted companies with annual revenues under $25 million.
Ineffectiveness of Accessibility Overlays
A significant finding from 2023 lawsuits is that 20% of defendants had an overlay toolbar on their websites. This indicates that accessibility overlays alone are insufficient to prevent legal action, as they do not fully address accessibility issues.
Lawsuits in 2024
This trend persisted into 2024, with 224 lawsuits filed in January alone, averaging 7-8 new cases daily. These figures underscore the importance for businesses to prioritize digital inclusivity, as many disputes are resolved before reaching court, suggesting the actual number of complaints is higher.
Web Content Accessibility Guidelines (WCAG)
The Web Content Accessibility Guidelines (WCAG) are standards established by the W3C to ensure that websites and digital content are accessible to all individuals, including those with disabilities. WCAG is the internationally recognized criteria for determining if a website is accessible or not.
What is WCAG
WCAG consists of a number of “success criteria” against which a website can be measured to determine whether it is accessible. The success criteria are grouped under the four key pillars of website accessibility.
To be accessible, a website must be:
- Perceivable: People must be able to perceive the content and information on the website through one of their senses, sight, hearing, touch, or a combination of those senses.
- Operable: Everyone needs to be able to navigate your website and use key elements such as forms, accordions, sliders, tabs, etc., even if they don’t use a traditional mouse and keyboard.
- Understandable: Websites should be designed so that everyone can understand how to use them and complete necessary tasks. The content should have a reading level appropriate for the intended audience.
- Robust: Robust websites work across various assistive technologies, browsers, and operating systems.
Versions of WCAG
WCAG has had multiple versions released as new success criteria are added to keep up with the evolving web. These versions are tracked with numbers, which you may see referenced in some laws or online resources.
WCAG 2.2 is the current version of WCAG and was released in the fall of 2023. Prior versions of WCAG are 2.1 and 2.0. New versions of WCAG encompass older versions of WCAG, so if a website passes WCAG 2.2 it will automatically pass WCAG 2.1 and 2.0. However, websites that pass older versions of WCAG will not necessarily pass newer versions.
Many laws require WCAG 2.1 conformance because they have not yet been updated to the latest version of WCAG.
Levels of Conformance
WCAG success criteria are categorized into three levels of conformance, A, AA, and AAA. These levels build upon one another so that if an organization meets the highest level, AAA, then it automatically meets lower levels (AA and A).
Level A
WCAG level A is the foundational level, addressing the most critical and essential aspects of web accessibility. Conformance to Level A ensures that basic information and functionalities are accessible to users with disabilities. These requirements are considered the minimum standard, and meeting this level should be considered the starting point and not the final destination. Most laws would not consider WCAG conformance at only the single A level sufficient
Level AA
WCAG AA builds upon the foundational requirements of level A and addresses a broader range of accessibility issues. Conforming to level AA enhances the overall user experience for individuals with disabilities. It includes criteria for navigation, multimedia, and interactive elements, promoting a more comprehensive and usable web environment. This is the level of conformance most commonly required by accessibility laws worldwide.
Level AAA
AAA is the highest and most advanced level of WCAG conformance. Conforming to level AAA means going above and beyond the basic and standard requirements to create an exceptionally inclusive digital experience. Achieving this level is commendable, but meeting every one of these advanced standards may be out of reach for smaller organizations.
Which Level and Version to Use
Because most laws cite WCAG AA, all organizations should strive to be WCAG AA conformant at a minimum. Where possible, where there are guidelines that have both AA and AAA versions, such as tap-target sizing on mobile and color contrast, organizations should choose the AAA option.
If your business is concerned about getting sued or fined, your website should conform to the newest version of WCAG and the highest level attainable. Meet WCAG 2.2 AA or AAA.
This guide has been created based on The Small Business Accessibility Playbook for WordPress by Equalize Digital.
