New ADA Rule – State and Local Governments Must Make Websites and Apps Accessible.

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NOT a Checklist

Building Technology Accessibility into your Business Processes

Inclusivity Strategic Consulting

EVE HILL, PARTNER

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    Accessibility for Ontarians with Disabilities Act

    5 Parts (Really 7)

    I.General

    II.Information and Communication

    III.Employment

    IV.TransportationAccessible Design of Built Environment

    Customer Service

    V.Compliance

    AODA

    • Policies
    • Procurement
    • Training
    • Plan

    AODA - Policies

    • REQUIREMENT
      • Policies governing how business achieves or will achieve accessibility must be publicly available
        • Statement of organizational commitment to meet accessibility needs in a timely manner
    • MEANING
      • High-level policies
        • Internal policies re. responsibility and authority
        • Internal policies re. implementation
          • How-to; Who can help
          • Budget
          • Feedback
          • Tracking & Improvement

    Americans with Disabilities Act

    • If a public accommodation provides information or receives information online, it needs to ensure it effectively communicates that information with people with disabilities
    • DOJ, other federal agencies, Section 508, and courts have all said compliance with WCAG 2.0/2.1 Level A and AA accomplishes effective communication

    AODA - Procurement

    • Government and Public Sector Organizations
      • Incorporate accessible design, criteria, and features when procuring or acquiring
        • Goods, services or facilities
        • Self-service kiosks
    • Large & Small Organizations
      • “Have regard to” accessibility when designing, procuring or acquiring
    • BEST PRACTICE
      • Incorporate accessible design into vendor and service provider contracts

    AODA - Training

    • Train on AODA and Human Rights Code
    • Employees
      • Participants in developing organization policies
      • Everyone who provides goods, services or facilities on behalf of
    • As soon as practicable and ongoing
    • Keep records of training

    AODA - Accessibility Plan

    • REQUIREMENT
      • Outline organization’s strategy to
        • Prevent barriers
        • Remove barriers
        • Meet AODA obligations
      • Post on website
      • Review and update every 5 years
  • BEST PRACTICE (required for Public Sector Organizations)
    • Consult with disability organizations
  • BEST PRACTICE (required for Public Sector Organizations)
    • Annual status report

    Americans with Disabilities Act

    • Title III –public accommodations (12 categories)
      • Requirement
        • Effective communication -28 CFR 36.303(c)
          • Ensure effective communication with people with disabilities through auxiliary aids and services (28 C.F.R. 36.303(c))
          • Accessible electronic and information technology is an example of an auxiliary aid (28 C.F.R. 36.303(b)(I) and (2)
          • In order to be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability.

    Americans with Disabilities Act

    • If a public accommodation provides information or receives information online, it needs to ensure it effectively communicates that information with people with disabilities
    • DOJ, other federal agencies, Section 508, and courts have all said compliance with WCAG 2.0/2.1 Level A and AA accomplishes effective communication

    Americans with Disabilities Act

    • Must be documented in writing

      By an official with budgetary authority

    • Undue Burden

      Significant difficulty or expense in light of all the business’ available resources

    • Fundamental Alteration

      Accessibility would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered

    • The business must still provide an alternative aid or service that would not result in an undue burden or fundamental alteration but would ensure effective communication to the maximum extent possible.

    Implementation

    • UNDER BOTH AODA AND ADA
    • Policies
    • Staffing & Training
    • Pre-Posting Requirements
    • Procurement
    • Remediation
    • Interim Mesasures
    • Audits
    • Feedback

    Implementation – Policies & Staff

    • Adopt policy and publicize policy

      • Setting standard (WCAG 2.0/2.1 Levels A & AA)

    • Hire/assign responsible staff

      • With sufficient authority and budgetary authority
      • With sufficient expertise

    • Training for developers and content creators

    • Provide experts/resources for developers and content creators

    Implementation – Pre-Posting Procedures

    • Set procedures for pre-posting reviews of accessibility of new content

    • Establish responsibility to approve and document exceptions

      • AODA
        • Unconvertible (this exception must be documented)
        • Not within the control of the organization (directly or by contract)
      • ADA
        • Undue burden
        • Fundamental alteration

    • Establish accountability mechanisms for developers and content creators who post inaccessible material

    Implementation – Procurement

    • Procurement

      • Establish
        • Procurement accessibility policy
        • Contract language
        • Audit capability
        • Accountability mechanisms
        • Remediation responsibility

    Implementation – Remediation

    • Specify

      • Schedule for barrier elimination
        • Page by page
        • Barrier type by barrier type
        • Format by format

    • Assign

      • Person(s) responsible for implementation, oversight, progress tracking, reporting

    • Track and report progress

    • Update (every 5 years at least)

    Sample Worksheet 1: Remediation Plan for Website Accessibility Barriers

    Actions Resources Responsibility Completion Date
    Develop and implement a policy that documents be created in a structured electronic format to allow for easier conversion to accessible formats Time Money Staff Office Manager March 1, 2015
    Assess how and what information we make available to public Time Money Staff Customer Service Dept. September 1, 2015
    Develop a process for responding to requests for accessible formats Time Money Staff Customer Service Dept. September 1, 2015
    Identify vendors for Braille, accessible pdfs, captioning, audio … Time Money Staff Office Manager March 20, 2015
    Outsource select products for conversion to accessible formats Time Money Staff Customer Service Dept. November 1, 2015
    Develop accessible interim alternatives to website for people who need accessible information Time Money Staff Customer Service Dept. November 1, 2015
    Post a notice on website, Facebook page or other social media sites and on premises that information is available in a variety of accessible formats Time Money Staff Webmaster December 1, 2015

    Implementation – Remediation

    • Establish and publish interim means for providing alternative access during remediation

      • Phone line where trained staff will read web information
      • Email address to request accessible versions of documents
      • Process for escalating accessibility requests/complaints
      • Vendors with deadlines for converting to accessible formats on request

    Implementation – Audits

    • Set schedules and responsibility for periodic audits

      • Internal and by qualified vendor
      • Automated and manual/user audits

    Frequency Guidelines for Monitoring of Accessibility Compliance

    Previous Accessibility Compliance

    Accessibility Controls in Place High Moderate-High Moderate Moderate-Low Low
    Deficient or Not Present Semi-Annual Review Quarterly Review Monthly Review Monthly Review Monthly Review
    Adequate Annual Review Semi-Annual Review Quarterly Review Monthly Review Monthly Review
    Effective Annual Review Annual Review Semi-Annual Review Quarterly Review Quarterly Review

    Implementation – Feedback

    • Build Trust and Access Experts

      • Invite and welcome feedback – and respond
      • Publicize your efforts, plans, and progress
      • Hire user testers
      • Include people with disabilities in Beta testers

    Summary

    • Welcome all customers
      • Even B2B services have customers, whose customers and employees have disabilities
    • Build goodwill with the disability community and their families, friends, and allies
    • Be transparent
    • Build internal capacity
    • Choose and use vendors wisely
    • Protect yourself through procurement policies
    • Stop digging – establish pre-posting processes to make sure everything new is accessible
    • Set priorities, responsibility, and deadlines for remediation
    • Establish accountability
    • Welcome feedback
    • Solve problems with staff, not lawyers