The concept of “cyber accessibility” has recently gained prominence, as businesses have reviewed their obligations under the Americans with Disabilities Act (ADA). The term “cyber accessibility,” or “web accessibility,” refers to the accessibility of the world wide web and other internet services to people with physical or cognitive impairments. Congress enacted the ADA in 1990, when few people used the internet, and the world wide web barely existed. Today, web access is nearly a requirement for many functions of society. Recent legal actions, brought under the ADA to compel companies to make their websites more accessible, have the attention of the business world. Companies should begin to consider cyber accessibility issues as part of their ADA compliance reviews and their overall risk management planning. They should include provisions for accessibility in their internet policies, and they should make sure that programmers and designers have training in accessibility.
Cyber accessibility, generally speaking, means the accessibility of the internet to people with impaired sight, hearing, or speech; learning and other cognitive impairments; limited movement; sensitivity to light or sound; and combinations thereof. The internet has become a necessary tool for job seeking, financial management and transactions, and many aspects of the legal system. E-mail and social media are a preferred method of communication for many people, and many employers either require or strongly encourage employees to use e-mail and other online services.
The ADA requires government agencies and many businesses to provide “equal access” to services, activities, and facilities. This refers to more than wheelchair ramps. The Department of Justice (DOJ) has recognized the need for greater accessibility of web services, particularly government services provided online. It has developed a set of best practices for state and local governments that addresses web accessibility. The DOJ does not have rules that specifically address web accessibility for businesses, although it has requested public input on rules in the past. Tool kits developed by the DOJ for state and local governments may provide useful guidance for businesses.
The World Wide Web Consortium (W3C), an international standards organization founded at the Massachusetts Institute of Technology, has created a set of guidelines for web accessibility. It released the most recent version, titled the Web Content Accessibility Guidelines 2.0 (WCAG), in December 2008. Its recommendations include text alternatives for all content, which could be converted to accessible forms like braille, large print, or audio; avoidance of visual content known to cause seizures; separation of foreground and background to make content easier to see or hear; and ensuring predictable appearances and interactivity in webpages.
A recent lawsuit against brokerage and banking company Charles Schwab, brought by a long-time client with vision impairments, has led to sweeping changes to the company’s accessibility policies. A sight-impaired customer of twenty-five years filed a federal lawsuit against the company because of a lack of accessibility in the company’s internet services. As part of a settlement of the suit, Charles Schwab has added provisions of the WCAG to its accessibility policies.
Prism Risk Management provides businesses and organizations with risk and loss prevention consulting and offers services in loss control planning. To learn how our team can help your organization, contact us today online or at (512) 901-0070.
Web Resources:
Chapter 5: Website Accessibility Under Title II of the ADA, ADA Best Practices Tool Kit for State and Local Governments, May 7, 2007
Chapter 5 Addendum: Title II Checklist (Website Accessibility) (PDF), ADA Best Practices Tool Kit for State and Local Governments, May 4, 2007 (source)
Accessibility of State and Local Government Websites to People with Disabilities (PDF), U.S. Department of Justice, Civil Rights Division, Disability Rights Section, June 2003 (source)
More Blog Posts:
The Risks of Restricting Employees’ Social Media Access: How the Internet is Affecting the Interpretation of Labor Laws, Prism Risk Management Blog, June 19, 2012
U.S. Utilities Face Cybersecurity Risks as Hacker Attacks Mount, Prism Risk Management Blog, June 11, 2012
FTC Issues Report on Best Privacy Practices for Businesses that Collect Consumers’ Personal Information, Prism Risk Management Blog, May 31, 2012
Photo credit: ‘Braille Road Sign’ by prattflora [GFDL or CC BY-SA 3.0], via Wikimedia Commons.
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