The Americans with Disabilities Act of 1990 (ADA) does not provide technical standards to achieve digital accessibility. To fulfill this need, a working group of experts, Accessibility Guidelines Working Group, created the first version of their recommendation which was published May 5th, 1999 in order to provide a conventional set of guidelines. Web Content Accessibility Guidelines (WCAG) has since become an international standard. WCAG documentation outlines success criteria aimed at enhancing the accessibility of web content for individuals with disabilities. Release 2.1 of WCAG, which was published in June 2018, is the version that most organizations designate as their goal for achieving Level AA conformance.

Using free automated test tools like Google Chrome’s Lighthouse extension or WebAIM’s WAVE tool are helpful to generate a semi-accurate score or rating of accessibility. Most of these tools are designed to detect if HTML markup and tagging of the page follows best practice based on Web Content Accessibility Guidelines (WCAG). This measurement is somewhat narrow of what WCAG guidelines encompass. This method is quick and can detect some of the most common technical errors. A low score should signal there’s room for improvement. Barriers can still exist even though your website passes the automated test. To uncover real-world usability issues it’s suggested you have a professional tester who has a proven testing methodology, and is proficient in operating assistive technologies to provide an audit.

This type of solution may give you a sense of confidence that you’re protected from potential lawsuits. The reality is that if root causes of ADA issues are not resolved then you may draw more attention increasing the likelihood of ADA related complaints. The goal is to have a fully usable website that is natively accessible without the need for such tools. These quick-fix solutions only address a narrow margin of accessibility barriers anyhow. They do not address missing headings, audio transcripts, closed-captioning, improperly tagged PDFs.

The theme or template is a starting point to begin building a website, not the final version of the website. The theme or template may be deemed “accessibility-ready” by the theme creator or even a review process overseen by the framework like WordPress.org. However, until content and full functionality is applied to the associated theme or template it shouldn’t be considered fully approved for compliance. It is still good practice and advisable to verify all components that makeup your website’s structure have been reviewed and qualified for some level of accessibility.

Facing a lawsuit in the area of ADA compliance can introduce to the public a negative brand image for your business. There are also financial considerations. A conservative estimate for legal fees, court costs and penalties can range from $25,000 to $50,000. Subsequent violations will impact higher penalties if you choose to settle the case out of court and do nothing to improve the website’s accessibility.