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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!
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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
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Page 1: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

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

Page 2: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

What is it that pushes users over the edge of their browsers and into the courts of law

Page 3: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Digital Accessibility Legal Requirements

Page 4: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

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

Page 5: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

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.

Page 6: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

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

Page 7: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Reality Check!

Page 8: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

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)

Page 9: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

What Causes Lawsuits?

Page 10: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Not allowing customers to use Telecommunications Relay

Services

Page 11: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Inaccessible bathrooms

Page 12: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Inaccessible learning materials

Page 13: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Inaccessible digital discounts and coupons

Page 14: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Inaccessible web sites

Page 15: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Indifference

Page 16: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Avoid Lawsuits with Empathy

Page 17: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Failing to see the broader picture False sense of security

Page 18: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

“The secret to happiness is low expectations”

Page 19: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Is meeting bare minimum requirements sufficient?

Page 20: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Why go through all those efforts…

Page 21: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

… if it’s still going to blow up

in your face!

Page 22: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Pro Tip Involve end users with various disabilities

Page 23: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

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

Page 24: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

1. Skipping Heading Levels

Page 26: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations
Page 27: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

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

Page 28: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Plead your cause!

Page 29: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

The judge’s decision

Page 31: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

2. Title Attributes on Form Fields

Page 33: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations
Page 34: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

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

Page 35: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Plead your cause!

Page 36: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

The judge’s decision

Page 38: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

3. Not Providing a Skip Link

Page 40: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations
Page 41: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

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

Page 42: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Plead your cause!

Page 43: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

The judge’s decision

Page 45: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

4. “Click Here” Link Text

Page 47: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations
Page 48: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

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

Page 49: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Plead your cause!

Page 50: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

The judge’s decision

Page 52: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

5. Not Using ARIA Landmarks

Page 54: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations
Page 55: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

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

Page 56: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Plead your cause!

Page 57: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

The judge’s decision

Page 59: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

6. Focus Visible on Keyboard

Page 61: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations
Page 62: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

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

Page 63: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Plead your cause!

Page 64: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

The judge’s decision

Page 66: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

How many could you guess?

Page 67: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Regardless of compliance, is bare minimum really sufficient

to be considered accessible?

Page 68: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

What do YOU think the Judge would say?

Page 69: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Don’t let your organization be the next in line!

Page 70: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Thank You! Denis Boudreau » Deque Systems » @dboudreau » [email protected]

Sharron Rush » Knowbility, Inc. » @sharrush » [email protected]

Glenda Sims » Deque Systems, Inc. » @goodwitch » [email protected]

Page 71: What would the Judge Say: Accessibility Best Practices and WCAG 2.0 Violations

Photo Credits All rights belong to their respective owners.

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