Vol. 2, Issue 11, November 2002
Web site Accessibility Testing Software: The Answer to Section 508 Compliance?
What is the Difference Between Usability and Accessibility?
Web site Accessibility News in the Courts
Marketing Opportunities Through Section 508 Compliance
What is Section 508?
Section 508 refers to a statutory section in the Rehabilitation Act of 1973 (found at 29 U.S.C. 794d). Its primary purpose is to provide access to and use of Federal executive agencies’ electronic and information technology (E I T) by individuals with disabilities. Section 508 generally requires Federal agencies to ensure that their procurement of E I T takes into account the needs of all end users—including people with disabilities. Doing so enhances the ability of Federal employees with disabilities to have access to and use of information and data that is comparable to that provided to others.
Similarly, agency procurement of accessible E I T enhances the ability of members of the public with disabilities who are seeking information or services from a Federal agency to have access to and use of information and data that is comparable to that provided to others.
Agencies are responsible for complying with Section 508 as a whole, including identification of applicable technical provisions and making non-availability and exception determinations based on the provision of “Undue Burden”.
Contractors interested in selling E I T to the Federal government are responsible for designing and developing products, software and Web sites which meet the applicable technical provisions.
Web site Accessibility Testing Software: The Answer to Section 508 Compliance?
The most frequent question we receive each day is whether or not the use of Web site accessibility software resolves a Web site’s Section 508 compliance issues. The simple answer is“No”, although one may think that software should.
Many of the testing software programs caveat summary reports generated by their software with statements such as “checks are triggered by something specific on the page; however, you need to determine manually whether they apply and, if applicable, whether your page meets the requirements.” Some testing software simply provide criteria for Section 508 and expect the user to appropriately interpret the issues, and other programs simply don’t work when they encounter unexpected code in a web page. None of the testing software we reviewed offer their customers any type of “Section 508 certification” as a result of testing with their product. This is because approximately 60% of accessibility issues encountered on Web sites are design issues which require subjective modifications by an experienced Web site Accessibility Designer with a thorough understanding of assistive software and hardware devices.
When discussing Section 508 with people, we often use the analogy of building an accessible home to help them better understand the complexity of section 508 compliance. An architect needs to understand the issues presented by the use of a wheelchair or other assistive devices in the home before she can incorporate lowered counter tops, light switches and wider doorways into the design. A home without accessible design elements can be built to code, but remain inaccessible to people with certain disabilities.
Likewise, Web sites built to Section 508 standards may also have layout and design issues that make accessing site content extremely difficult and very confusing. Such a Web site would likely pass the limited criteria evaluated by testing software, yet remain unfriendly or inaccessible to people who utilize assistive software and hardware technology. Ultimately, proper design and comprehensive testing by people who understand the issues presented by accessible software and hardware devices is required to properly test the site and verify Section 508 compliance.
If you are considering the purchase of accessibility testing software, we recommend that you ask your prospective vendors the following two questions:
- What percent of compliance requirements can be met with the software itself, and what percent will require the developer’s personal judgment?
- Does your software offer a Section 508 certification guarantee?
- If it is found after using the software that the Web site is still Section 508 non-compliant, will the vendor make the necessary corrections free of charge?
What is the Difference Between Usability and Accessibility?
Usability means designing a user interface that is effective, efficient and satisfying. Usability design strives to reflect and satisfy the needs of a targeted user. It means simplifying tasks, minimizing error and creating success for the user.
Accessibility is more concerned with making the interface perceivable, operable and understandable for more people in more situations. Accessibility is concerned with making something (regardless of form, structure or presentation) easily accessible to any person, regardless of ability or the type of assistive software and/or hardware devices they utilize.
A Web site that incorporates usability and accessibility features will also rate highly on design and navigation by users without disabilities. Such a Web site is also more likely to be compatible if it is converted for use with wireless devices such as PDAs and PocketPCs.
Web site Accessibility News in the Courts
In an October 2002 court ruling, Robert Gumson, who is blind, lost a lawsuit he filed against Southwest.com to compel the airline to redesign their Web site, which he considered inaccessible. Gumson acknowledged it was possible for him to buy tickets on Southwest’s Web site, but he argued it was “extremely difficult” due to his disability.
Gumson, who uses a screen reader on his computer to translate Web site text into words using a voice synthesizer, asked the judge to order Southwest to provide additional text that could serve as an alternative to the graphics used for the Web site’s navigation buttons (screen readers can’t read graphic images) and to also redesign the site’s navigation bar to make it easier to understand.
The judge ruled against Gumson and in favor of Southwest Airlines based on what the judge described as ambiguity in existing ADA criteria for “public spaces” and the question of whether that criteria should include the Internet.
However, if Congress revisits ADA in 2003 and clarifies its definition of “public spaces” to specifically include the Internet, or the judge’s decision is overturned on appeal, the outcome of future cases like Gumson’s could create substantial liabilities for defendants.
To date, similar lawsuits have been filed against AOL, American Airlines, Barnes and Noble and Claire Stores to name just a few. Most of these cases where settled out of court at considerable expense to the defendants. However all of these cases and the resulting negative press could have been avoided had proactive Web site testing insured accessibility for everyone.
Marketing Opportunities Through Section 508 Compliance
Once a Web site is certified as accessible, it can positioned a company as a market leader in their industry in terms of demonstrating the importance they place on meeting the unique needs of their disabled customers.
“Consumers with disabilities control more than $175 billion dollars in discretionary income. They, like all consumers, are more likely to patronize businesses where they feel welcome. Accessible stores, products and services, along with employees with disabilities, will help customers with disabilities feel that their business is appreciated.”
—1998 President’s Committee on Employment of People with Disabilities
So, rather than looking at accessible web design as a mandate, consider looking at Web site accessibility as a unique marketing opportunity.
- Does your marketing team look for new ways to reach untapped customers?
- Do they often design new or different literature with the intent of gaining a market share from outside of your historical customer base?
- Is your HR department looking to recruit from new and different pools of job candidates in order to meet staffing needs?
- Are you committed to the benefits of a diverse workforce?
Due to the recent implementation of Section 508 accessibility requirements, there is ample time to establish your company or agency as a diversity leader, simply by making your Internet and Intranet Web sites accessible for users of all abilities.
With regard to Intranet accessibility, research shows that investments in technology to accommodate disability related conditions often pays off in increased productivity and reduced time off from work due to injury or illness.
Ultimately, Section 508 accessibility requirements are as much an internal opportunity as they are external. So remember, In the final analysis, accessibility begins with you!
For More Information Contact:
Criterion 508 Solutions, Inc.
Email: Info@Criterion508.com
Visit: www.Criterion508.com
Tel: 888-508-EXPERTS (3973)
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