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Presented November 14, 2021
Jason Taylor, Chief Innovation Strategist –
jason@usablenet.com
How to Improve Digital Accessibility
While Reducing Legal Risk
Jason Taylor
Chief Innovation Strategist
UsableNet
● 20 years of experience with government and
education on Section 508 implementations
● Launched first in-authoring accessibility
testing with Macromedia Dreamweaver (now
Adobe)
● Initiated partnerships with leading disability
community organizations such as the
American Foundation for the Blind, Access
Works, and Helen Keller Services for the
Blind
● Recognized as an industry leader in diversity,
inclusion and accessibility
ACCESSIBILITY INDUSTRY
RECOGNITION
2021 AccessAbility
Award Recipient
About UsableNet
Agenda
• US Laws Governing Digital Accessibility
• A typical week of accessibility lawsuits
• What's in a typical digital accessibility claim
• Immediate action to improve digital accessibility and reduce risk
• Q & A
US Laws Governing Digital Accessibility
• Section 508 - Government and Education
• Section 255 - Telecommunications
• Air Carrier Act - All Airlines operating flights in or into USA
• American with Disability Act (ADA) - Title II and III
• CA UnRuh - “Local Extension of ADA’s”
A Typical Week of Digital Accessibility
Lawsuits
• 80-100 lawsuits are filed each week
• 20% state (mostly California) and 80% federal
• 10-12 plaintiff firms and less than 20 plaintiffs file the majority of digital
accessibility ADA lawsuits
• California and New York dominate as places cases are filed
• We see clusters of filings by types of companies
What’s in a Typical Digital ADA Lawsuit Claim?
• Plaintiff is blind (or death for video).
• This is one of many claims they make. Report a website, mobile site or native app
• Identify where on a site they could not use the site (some document with screen
shots)
• List common WCAG issues found across the site - broad and general
• Note no Accessibility policy not listed on website
• Many are starting to include addition accessibility issues created by accessibility
widget or overlay
Immediate action to improve digital accessibility and reduce risk
• Identify your most public Digital Experiences - Web, App, Video
• For Each - have Blind User try and complete typical user tasks - documents
where user can not complete task and why
• Test All the top user journeys or pages against WCAG 2.0 AA - Auto only rules
- create a report
• Remediate any issues reported in the two actives
• Publish a broad Accessibility Statement on website/app - Effort on going, add
easy to contact info - train people that receive the contact.
Q & A
● Pre-Register for the 2021
Year End ADA Web and App
Lawsuit report :
● https://info.usablenet.com/202
1-year-end-digital-
accessibility-lawsuit-report-
preregister
Additional Resources
Jason Taylor
Chief Innovation Strategist
UsableNet
jason@usablenet.com

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How to Improve Digital Accessibility While Reducing Legal Risk

  • 1. Presented November 14, 2021 Jason Taylor, Chief Innovation Strategist – jason@usablenet.com How to Improve Digital Accessibility While Reducing Legal Risk
  • 2. Jason Taylor Chief Innovation Strategist UsableNet ● 20 years of experience with government and education on Section 508 implementations ● Launched first in-authoring accessibility testing with Macromedia Dreamweaver (now Adobe) ● Initiated partnerships with leading disability community organizations such as the American Foundation for the Blind, Access Works, and Helen Keller Services for the Blind ● Recognized as an industry leader in diversity, inclusion and accessibility ACCESSIBILITY INDUSTRY RECOGNITION 2021 AccessAbility Award Recipient About UsableNet
  • 3. Agenda • US Laws Governing Digital Accessibility • A typical week of accessibility lawsuits • What's in a typical digital accessibility claim • Immediate action to improve digital accessibility and reduce risk • Q & A
  • 4. US Laws Governing Digital Accessibility • Section 508 - Government and Education • Section 255 - Telecommunications • Air Carrier Act - All Airlines operating flights in or into USA • American with Disability Act (ADA) - Title II and III • CA UnRuh - “Local Extension of ADA’s”
  • 5. A Typical Week of Digital Accessibility Lawsuits • 80-100 lawsuits are filed each week • 20% state (mostly California) and 80% federal • 10-12 plaintiff firms and less than 20 plaintiffs file the majority of digital accessibility ADA lawsuits • California and New York dominate as places cases are filed • We see clusters of filings by types of companies
  • 6. What’s in a Typical Digital ADA Lawsuit Claim? • Plaintiff is blind (or death for video). • This is one of many claims they make. Report a website, mobile site or native app • Identify where on a site they could not use the site (some document with screen shots) • List common WCAG issues found across the site - broad and general • Note no Accessibility policy not listed on website • Many are starting to include addition accessibility issues created by accessibility widget or overlay
  • 7. Immediate action to improve digital accessibility and reduce risk • Identify your most public Digital Experiences - Web, App, Video • For Each - have Blind User try and complete typical user tasks - documents where user can not complete task and why • Test All the top user journeys or pages against WCAG 2.0 AA - Auto only rules - create a report • Remediate any issues reported in the two actives • Publish a broad Accessibility Statement on website/app - Effort on going, add easy to contact info - train people that receive the contact.
  • 8. Q & A ● Pre-Register for the 2021 Year End ADA Web and App Lawsuit report : ● https://info.usablenet.com/202 1-year-end-digital- accessibility-lawsuit-report- preregister Additional Resources Jason Taylor Chief Innovation Strategist UsableNet jason@usablenet.com