Accessibility gives each and every customer the opportunity to purchase that product they want or access that service they need. Yet for many businesses, including those in North Carolina, digital accessibility is frequently overlooked. Many believe that investing in accessible web design strategies is a financial burden, but this is a costly oversight. Far from the money pit that most people think it is, an inclusive website helps you stay ahead of your competition while keeping legal ramifications at bay.
Watch as your customer base increases, your sales revenue multiplies, and your reputation holds up flawlessly in the face of public scrutiny. Curious about how this would look in your own business? Let’s investigate exactly what ADA compliance in North Carolina means and how it applies to websites.
What is the Americans with Disabilities Act (ADA)?
The Americans with Disabilities Act (ADA) was created to promote equal access among individuals with disabilities to a range of products, sectors, and industries which serve daily life. For example, the act mandates that public spaces, such as restaurants and offices, are made accessible to people using wheelchairs by providing ramps, wider doorways, and other necessary accommodations. While initially created with physical spaces in mind, the ADA’s scope has since expanded its reach to encompass digital spaces too; a by-product of society’s rapid digitization.
The act addresses five main sectors, broken down into categories called ‘titles’. Each one outlines what is required and by whom. Let’s take a closer look:
- Title I – Employment: This title prohibits discrimination against individuals with disabilities in the workplace. Employers with 15 or more employees must provide reasonable accommodations to employees with disabilities.
- Title II – Public Services: This title mandates that state and local government services, programs, and activities are made accessible to individuals with disabilities.
- Title III – Public Accommodations: Title III requires that any product or service, including websites, which is made available to the public be accessible.
- Title IV – Telecommunications: This title focuses on communication access, whereby telecommunications services must be made available to individuals with hearing or speech impairments, such as through closed captioning or video relay services.
- Title V – Miscellaneous Provisions: This title contains various provisions, including details about penalties and enforcement of the ADA.
As the internet became a dominant force in everyday life, legal interpretations of the ADA started extending to websites, online stores, and digital content, under Title III of the act. Websites and digital platforms were now being considered ‘public accommodations’. The reasoning behind this? Well, just like any brick-and-mortar store or service provider with a physical presence, websites act as a conduit through which people can access essential goods and services, whether that be fashionable clothing items or help with funeral arrangements.
Free ADA Compliance Audit of your Website
Detecting ADA Compliance issues has never been easier than it is now. At Recite Me we offer a free automated scan of your websites homepage. This will identify and highlight any non-compliance on your website. Followed by recommendations on how to implement the necessary changes to improve your websites accessibility score and standing.
Which organizations need to meet North Carolina ADA standards?
The ADA applies to both public and private sector organizations across North Carolina. By breaking down the ADA’s titles in a bit more detail and analyzing their wording, we can better understand who must comply.
Employers
Under Title I of the ADA, any employer with 15 or more employees must comply with the ADA requirements. If your business meets this threshold, you must ensure that your hiring process, job accommodations, and workplace accessibility are compliant with the ADA.
Public services
Title II of the ADA covers all state and local governments. This means that if your business interacts with government services or provides programs to the public, it must meet accessibility standards.
Public Accommodations
This is where things get a little more complicated. Title III of the ADA covers businesses that are considered places of public accommodation. But what exactly is a “public accommodation”? Simply put, public accommodation is any business that provides goods or services to the general public. This could be a local coffee shop in Raleigh or an e-commerce store based out of Charlotte. In fact, this includes just about any website offering services like online booking, e-commerce, or information about services.
If your business falls into this category, you are legally required to ensure your website is accessible. Even for businesses that fall outside the scope of the ADA such as private clubs, ADA compliance is recommended. Why? To avoid potential legal risks and ensure that you are prepared for future changes to digital accessibility laws.
ADA violations for websites and how to fix them
In 2020, the number of ADA-related web accessibility lawsuits in the U.S. hit an all-time high, with more than 2,000 cases filed nationally and hundreds filed across states like North Carolina. Getting to grips with some of the most common ADA website violations is the best way to avoid such lawsuits and the risks they bring.
Missing alt text
One of the most common ADA website violations is missing alt text. Alt text is a text-based description of an image that can be read by screen readers. This allows those who use screen readers, such as individuals with low vision or blindness, to perceive an image that they may not have otherwise been able to. Importantly, all non-decorative visual elements should include descriptive alt text, not just a select few. And, when writing alt text, a good rule of thumb is to describe the image as though you were explaining it to someone who cannot see it. In other words, be appropriately descriptive but do not overwhelm the recipient with complex terms or technical jargon.
Non-keyboard accessible navigation
Many individuals with disabilities rely on keyboard accessibility, meaning your website must be fully operable without a mouse. Test your website using only the keyboard and ensure that all interactive elements (buttons, links, etc.) can be accessed. This is crucial for people with motor impairments.
Unclear headings and links
Headings and links should be clear and descriptive, not only for easy browsing, but so that screen readers can interpret your web pages appropriately. Use proper heading tags (H1, H2, etc.) for organizing content and ensure all links clearly describe their destination (e.g., “Read our full accessibility policy” instead of just “Click here”).
Poor color contrast
A website with low color contrast between text and background colors can make reading difficult for people with visual impairments, especially those with color blindness. Use a color contrast tool to verify that your brand’s palette meets the Web Content Accessibility Guidelines (WCAG) minimum ratio of 4.5:1. If not, consider opting for high contrast colors, such as dark blue and light gray, or the classic black and white. You could even adopt an all-in-one customization tool, like an accessibility toolbar, which lets your website users make adjustments according to their specific needs, including changing the color of your content.
Lack of captions for videos
Videos are a great way to break up written content and keep users engaged. However, too often videos are uploaded without accurate captions, excluding individuals with hearing impairments and those who prefer to watch videos without sound. There are many solutions on the market today which feature built-in video captions; just make sure they are accurate, else you could end up confusing your audience more than helping them.
Importance of regular accessibility tests for ADA compliance in North Carolina
As your business evolves and your website undergoes changes, accessibility issues can easily arise, which is why regular ADA compliance testing is so essential. In fact, testing is by far the most effective way to future-proof your site against potential ADA violations and lawsuits.
There are three main testing methods, each with different goals and resource requirements. Automated testing involves using tools like an accessibility checker to scan websites and provide a quick overview of areas that need improvement. This type of testing is extremely useful for identifying common ADA violations.
Manual testing, on the other hand, tackles accessibility issues on a more granular level. It involves recruiting human auditors to run tests around website operability. Manual testing is more thorough and can catch issues like overly descriptive alt text, which automated tools might miss. Then there’s user testing, which relies on constructive feedback from existing disabled users, who offer insights on web accessibility improvement based on their lived experience.
Using a combination of all three testing methods provides a very thorough analysis of your website’s accessibility. But how often should you be doing this? Well, at a minimum, comprehensive audits should be conducted after every major design change or ADA update. Otherwise, monthly automated tests are a good way to instill an awareness of inclusivity across your organization while remaining ahead of the curve.
What are the risks of non-compliance with North Carolina ADA requirements
The risks of ADA non-compliance extend beyond just the legal. Failing to comply with accessibility standards can lead to an onslaught of ADA lawsuits, each bringing far-reaching consequences.
Reputational damage
Businesses that neglect accessibility may find themselves in the crosshairs of public scrutiny. Media coverage of ADA lawsuits can result in serious public backlash, where customers, particularly those who prioritize inclusivity, may choose to take their business elsewhere. Even future partners may shy away from collaborating with you from fear of being associated with non-inclusive practices and inaccessibility. Bear in mind that a tarnished reputation can take years to rebuild, and word-of-mouth or online reviews can amplify the damage.
Legal penalties
Non-compliance with the ADA can result in court-ordered fines. The maximum penalty for first time violations is $75,000, but this can rise rapidly to $150,000 for subsequent violations. But financial penalties are not the only cost to consider. Getting involved in a lawsuit can be an expensive process. Additional costs from things like legal fees and settlements can soon mount up.
Lost business opportunities
If your website is rendered unusable by a significant segment of the population, you are without doubt missing out on revenue. The disabled community, along with their friends and families, make up approximately 13.7% of the population. Excluding this group means waving goodbye to all the potential sales it can bring.
Stay ahead of the game when it comes to Digital Accessibility laws and compliance in the United States. Learn about all the different federal and state-level regulations, see real examples of web accessibility lawsuits in different regions and discover a 7-step action plan for building accessible websites.
Significant Americans with Disabilities Act lawsuits in North Carolina
The number of ADA-related web accessibility lawsuits in the U.S. has risen sharply in recent years. In 2023, for example, web accessibility cases saw a 42% increase compared with the year before. And as more businesses face ADA lawsuits, it’s important to learn from the past. In this section, we unpack one notable ADA lawsuit that emerged from North Carolina in 2018.
National Federation of the Blind and Disability Rights North Carolina v. The UNC Healthcare System
In 2018, the National Federation of the Blind (NFB) and Disability Rights North Carolina filed a lawsuit against the UNC Healthcare System, alleging violations of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. The plaintiffs argued that UNC Healthcare’s digital platforms, including its patient portals, were not accessible to individuals with visual impairments.
Key issues included accessing essential services, such as viewing test results, scheduling appointments, and communicating with healthcare providers through UNC’s online systems. One such example involved a blind patient who was denied the possibility of receiving his medical bills in braille. The patient did not know how much money he owed and to whom he owed it, resulting in agencies pursuing and threatening him.
The case was resolved through a settlement agreement in which UNC Healthcare was ordered to pay $125,000 in damages and committed to making its digital platforms accessible. The agreement included provisions for:
- Upgrading the patient portal to meet WCAG standards
- Implementing ADA compliance training for staff involved in digital content creation and IT.
- Regular accessibility audits to ensure ongoing compliance with accessibility standards.
This lawsuit highlights the increasing focus on digital accessibility in the healthcare and similar sectors. It serves as a reminder for businesses to proactively address accessibility barriers, rather than wait for legal action to drive retroactive fixes.
