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What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Date post:23-Aug-2014
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In the rather short history of Web accessibility lawsuits and settlements, no one has ever been sued over a specific, failed WCAG 2.0 Success Criterion. Lawsuits always happen over a construct of poor, frustrating and disabling user experiences. It is the accumulation of annoying or downright blocking barriers that push users over the edge of their browsers and into the courts of law. Still, what organizations under litigation expect from their accessibility experts is laser-focused guidance on conformance, which usually results in looking into clear-cut interpretations of potential violation issues only. When simple checklists are being used to cross off potential accessibility failures in order to meet a specific conformance level and not much thought is given to the resulting user experience, organizations often fall into the trap of under estimating the impact of only focusing on what the requirements say. In this class, we will look at different examples, where so-called accessibility issues are being misinterpreted and how these misinterpretations can result in problems down the line for organizations who are under litigation and have to come up with remediation fixes in a very short time frame. Through discussions and lectures, we will look into interpretations of different Success Criteria from WCAG 2.0, to see how we can cut through what constitutes a real violation, or what is simply a best practice - and when we do need to go the extra mile, to ensure that what would usually be a simple annoyance to a user doesn’t unexpectedly turn up into a real barrier that could lead to potential drama. So put on your accessibility game face and join the action!
Transcript:
  • Knowbility AccessU 2014 What would the Judge Say? Accessibility Best Practices and WCAG 2.0 Violations Denis Boudreau Deque Systems, Inc. @dboudreau Sharron Rush Knowbility, Inc. @sharrush Glenda Sims Deque Systems, Inc. @goodwitch
  • What is it that pushes users over the edge of their browsers and into the courts of law
  • Digital Accessibility Legal Requirements
  • US Accessibility Law for .com Americans with Disabilities Act (ADA) Title III: Public Accommodations Prohibits discrimination against people with disabilities. Extends accessibility requirements, established in Section 508, into the public realm including business and services conducted on the internet. Risk Very Critical Timeline Now Bottom Line Any service that has customers in the U.S. should take immediate action
  • US Accessibility Law for .gov Americans with Disabilities Act (ADA) Title II: State and Local Government Prohibits discrimination against people with disabilities. Section 508 Risk Very Critical Timeline Now Bottom Line Digital services provided US, state and local government must be accessible.
  • Web = Place of Public Accommodation It is the position of the Department of Justice since the late 1990s that the ADA applies to websites. Thomas Perez (Former Assistant Attorney General) http://www.justice.gov/crt/opa/pr/speeches/2012/crt-speech-1207261.html
  • Reality Check!
  • Notable Web Accessibility Decisions & Settlements Financial H&R Block (2014) Charles Schwab (2012) Wells Fargo (2011) HSBC (2009) Fleet National Bank (2001) HD Vest, Intuit, H&R Block, Gilman & Ciocia (2000) Bank of America (2000) Health & Medical WellPoint, Level AA (Feb. 2014) American Cancer Society (2011) CVS (2009) Rite Aid (2008) Sutter Health (2006) Education Louisiana Tech (2013) University of Montana (2012) Florida State University (2012) New York University (2011) Penn State University (2011) Arizona State, Princeton, Reed, Pace, Darden (2010) Entertainment, Hotels , Travel RedBox (2012) Travelocity (2012) Disney (2011) Hilton (2010) Hotels.com, Expedia.com (2009) Ramada Inn & Priceline (2004) Shopping Safeway, Level AA (Dec. 2013) QuickTrip (2010) Staples (2009) Target (2006)
  • What Causes Lawsuits?
  • Not allowing customers to use Telecommunications Relay Services
  • Inaccessible bathrooms
  • Inaccessible learning materials
  • Inaccessible digital discounts and coupons
  • Inaccessible web sites
  • Indifference
  • Avoid Lawsuits with Empathy
  • Failing to see the broader picture False sense of security
  • The secret to happiness is low expectations
  • Is meeting bare minimum requirements sufficient?
  • Why go through all those efforts
  • if its still going to blow up in your face!
  • Pro Tip Involve end users with various disabilities
  • Violation or best practice? 1. Skipping Heading Levels 2. Title Attributes on Form Fields 3. Not Providing a Skip Link 4. Click Here Link Text 5. Not Using ARIA Landmarks 6. Focus Visible on Keyboard
  • 1. Skipping Heading Levels
  • Prepare your testimony! (5 mins) 1. Gather into subgroups (for or against) 2. Come to a common agreement 3. Spend 5-7 minutes building your case 4. Use the web to validate your position 5. Nominate someone to defend your position
  • Plead your cause!
  • The judges decision
  • 2. Title Attributes on Form Fields
  • Prepare your testimony! (5 mins) 1. Gather into subgroups (for or against) 2. Come to a common agreement 3. Spend 5-7 minutes building your case 4. Use the web to validate your position 5. Nominate someone to defend your position
  • Plead your cause!
  • The judges decision
  • 3. Not Providing a Skip Link
  • Prepare your testimony! (5 mins) 1. Gather into subgroups (for or against) 2. Come to a common agreement 3. Spend 5-7 minutes building your case 4. Use the web to validate your position 5. Nominate someone to defend your position
  • Plead your cause!
  • The judges decision
  • 4. Click Here Link Text
  • Prepare your testimony! (5 mins) 1. Gather into subgroups (for or against) 2. Come to a common agreement 3. Spend 5-7 minutes building your case 4. Use the web to validate your position 5. Nominate someone to defend your position
  • Plead your cause!
  • The judges decision
  • 5. Not Using ARIA Landmarks
  • Prepare your testimony! (5 mins) 1. Gather into subgroups (for or against) 2. Come to a common agreement 3. Spend 5-7 minutes building your case 4. Use the web to validate your position 5. Nominate someone to defend your position
  • Plead your cause!
  • The judges decision
  • 6. Focus Visible on Keyboard
  • Prepare your testimony! (5 mins) 1. Gather into subgroups (for or against) 2. Come to a common agreement 3. Spend 5-7 minutes building your case 4. Use the web to validate your position 5. Nominate someone to defend your position
  • Plead your cause!
  • The judges decision
  • How many could you guess?
  • Regardless of compliance, is bare minimum really sufficient to be considered accessible?
  • What do YOU think the Judge would say?
  • Dont let your organization be the next in line!
  • Thank You! Denis Boudreau Deque Systems @dboudreau db@deque.com Sharron Rush Knowbility, Inc. @sharrush srush@knowbility.org Glenda Sims Deque Systems, Inc. @goodwitch gsims@deque.com
  • Photo Credits All rights belong to their respective owners. http://diekeule.com/wp-content/uploads/2014/01/1100296_37964744.jpg http://0.tqn.com/d/crime/1/0/8/W/1/200142145-001.jpg http://images.wisegeek.com/lawsuit-book-and-paper.jpg http://turboseo.net.ua/files/Key-to-Success1.jpg http://www.cfa.harvard.edu/image_archive/2011/80/hires.jpg http://krachttraining.net/wp-content/uploads/2013/11/marathon.jpg http://www.artikelwissen.info/wp-content/uploads/2012/02/aufkleber-entfernen.jpg http://i.huffpost.com/gen/1379185/thumbs/o-HANDS-TIED-facebook.jpg http://i.imgur.com/LIWACkh.jpg http://3.bp.blogspot.com/-L3Mo4f6QLlo/UbplB_A97eI/AAAAAAAABk4/vE9MNxt90H4/s1600/Apple+Trial+DOJ+atty+lawrence+Buterman.jpg http://2.bp.blogspot.com/-7exnD45a3aM/T8X-2YWbUxI/AAAAAAAAAig/LZHo69Qu8Ss/s1600/dewey+wide+008.jpg http://1.bp.blogspot.com/-lN3zKeu5-js/UTHlrZ9SGcI/AAAAAAAABKU/egnFzDN1xHA/s1600/Argentina+Bonds++David+Boies+w+Agentina+VP+and+Fin+Min.jpg http://4.bp.blogspot.com/-wZqakNXwuBE/UjPKFg9fGsI/AAAAAAAACAs/qq_2fCmpAAo/s1600/barclays+Lehman+wide+shot+Robert+Gaffey.jpg http://1.bp.blogspot.com/-sP3eJClYdGo/Uv0ATD70X_I/AAAAAAAACXE/dbQMNIHQw3o/s1600/KENNY+NOTABLE+MOMENT+LARRY+FLYNT+IN+SUPREME+COURT+12_2_87.jpg http://2.bp.blogspot.com/-_m5gInXVEsk/T8O9
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