Accessibility has always been important for websites, but as new legislation and standards are developed, it stands to become even more significant. Companies increasingly rely on automations, and governments are following suit by paying more attention to setting legal requirements. And subsequently, enforcing those requirements with fines and penalties.
In 2024 and beyond, ignorance won’t be enough to sidestep these issues. We recommend a proactive approach to shoring up your site to ensure you meet website accessibility requirements. While automated tools and widgets promise low-cost, easy-implement solutions, they often overpromise and underdeliver– without providing any additional legal protection.
Let’s take a look at the current state of website accessibility. Then, we'll investigate who meets these standards and how you can ensure your website is compliant by taking a look at some of the work we’ve done for our clients.
Who is Responsible for Website Accessibility
First, let’s take a look at who is accountable for keeping individual sites inclusive. Website accessibility standards give everyone, including people with disabilities, a more predictable web experience. This includes making sure people who are blind, deaf, or have other impairments can easily navigate content.
The measure for whether websites meet these standards in the United States is the Americans with Disabilities Act (ADA). This law was passed before the Internet was widely used for consumer goods and services. As a result, compliance is now assessed using the Web Content Accessibility Guidelines or WCAG. Individual state governments, such as California, are working on developing their own well-defined standards to require accessibility for private businesses.
Failure to comply with these guidelines has resulted in individuals suing businesses for inaccessible websites using the ADA. While the government has not officially specified WCAG as the de facto standard, it is typically what is used to determine accessibility, which we’ll dig into more later.
What is WCAG Compliance
These guidelines come in three levels of accessibility: A, AA, and AAA. They range from the minimum level of compliance to the highest. Level A addresses the most essential benefits and features but doesn't prevent all possible barriers. AAA covers the most, but may not be necessary or realistic for every business. These categories are further organized by three tiers of success criteria: WCAG 2.0, 2.1, and 2.2. Each criterion lists items to assess which correspond to the level of accessibility.
The WCAG guidelines are not laws. However, they help ensure that websites and apps following these standards improve accessibility and are more closely aligned with the ADA. It may take years for legislative bodies to enforce these standards widely. That said, it is best to be proactive in meeting compliance guidelines to avoid fines and penalties. While perfect accessibility may not be attainable, businesses should see making improvements as a continuous, ongoing process to improve their sites. For more details on requirements, Level Access has great free guides for improving WCAG requirements.
Why Website Accessibility is Important
Businesses should stay alert to changing accessibility requirements. Individual countries are creating their own accommodation laws, such as the European Accessibility Act (EAA) which will go into effect in June 2025. Similar to GDPR, the EAA will be required for US businesses serving European customers. Upcoming US federal regulations will require Title II government entities to meet certain WCAG 2.1 A and AA requirements. These regulations will take effect later this year.
Some states have already established legal precedents requiring private businesses to follow accessibility guidelines set forth in the WCAG– a lesson a California Dominos learned the hard way after losing a suit when their website failed to be compatible with screenreaders. This error left a visually impaired man and future plaintiff unable to order a pizza online. The implication is clear: it is up to individual businesses to meet these standards before accessibility issues arise. And, those who fail to do so may face significant penalties and fines via lawsuits.
Agency Partnerships & Accessibility
While many tools exist that posit they can check accessibility automatically, businesses should take caution with this approach as adding an accessibility widget to your site does not mean you won't get sued for compliance. While all decisions should ultimately be vetted through legal counsel, partnering with agency experts can help shore up your site without depleting internal resources.
Our team has been helping businesses and nonprofits build accessible websites for nearly a decade. Director of Development, Maranda Provance, has been leading the charge on this front both internally and in our community. You can learn a little more about why we strive to create an inclusive internet and abide by best practices in her presentation on Accessibility Audits in Chrome.
By partnering with agency experts like ourselves, you take much of the guesswork out of ensuring compliance as our developers and designers are well-versed in attending to important considerations such as making your webpages keyboard navigable and creating interactive elements with appropriate contrast.
To dive a little deeper into how we’ve found solutions for our clients, let’s take a look at some of Mostly Serious’ creations:
OMB
We refreshed Old Missouri Bank’s website with a fresh look full of dynamic components. With greater interactivity, however, comes more responsibility to ensure that any additional bells and whistles add playfulness without hampering compliance.
Our efforts not only awarded OMB’s site with the 2022 American Bankers Association Brand Slam Award but also met WCAG 2.1 A and AA accessibility standards, marrying the need for visual appeal with practical concerns of navigation and access.
Archwell Health
Before the development to marketing hand-off, our team conducted both automated and manual accessibility testing to ensure the site could be easily used by the client’s target audience. This included testing color contrast on elements site-wide, using the site by navigating with the keyboard only, ensuring all content was contained within landmark elements, and implementing current best practices.
CoxHealth
While working with CoxHealth for the last decade, we’ve strived to support both their accessibility and HIPAA compliance needs. While the original site was not built with accessibility in mind, we’ve worked side-by-side with their team to redesign the website to meet contrast requirements and ensure all images have alternative text. We conducted audits of their unique page types to ensure that the primary bases are covered and that the site is navigable for all users.
We have been able to make great strides in terms of accessibility for CoxHealth’s site via our monthly retainer, where we partner with them to make progress month-after-month. We aim not for immediate (and unattainable) perfection but rather for continuous progress toward meeting WCAG 2.1 A and AA guidelines.
Takeaways
When evaluating your website for accessibility, remember that abiding by WCAG’s guidelines improves the experience for all users– not only those with physical and cognitive impairments.
While some automated tools claim to solve these issues at the touch of a button, you’ll want to consult both with accessibility experts (that’s us!) and legal counsel to make sure your website is inclusive and your business is protected from liability.
The key is to create clear, easy-to-navigate sites. By providing this, we show our customers we care about their experience and bring a human touch to our digital imprint.