Digital accessibility law in the US is complex. Given the lack of official federal guidance, states can set their own digital accessibility standards and enforcement. California stands out for its proactive measures that adapt to serve its diverse population.
Consequently, businesses in California must adhere to current laws and those under consideration (pending legislation) and conform to the established legal precedents set by the state’s courts.
In this article, we will explore the digital accessibility mandates of California and offer three fundamental strategies for businesses aiming to align with and uphold the state's digital accessibility standards.
Current California digital accessibility standards
In California, the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act are cornerstone regulations ensuring digital accessibility.
The ADA, established in 1990, safeguards the rights of individuals with disabilities in the private sector. This seminal legislation championed equal opportunities for people with disabilities, setting a precedent that various state-level laws have subsequently embraced and expanded.
Predating the ADA by three decades, the 1959 Unruh Act also protects the rights and dignities of people with disabilities (among others) within California. Together, these laws foster a more inclusive business environment in the state.
Though the ADA and Unruh lack clear language on websites, many California courts believe these laws are nonetheless applicable. Therefore, a business's website in California is often expected to adhere to the same accessibility standards as its physical premises.
Pending California digital accessibility legislation
The lack of clear, codified standards can cause problems for businesses that wish to make their digital products inclusive. Recognizing these challenges, California is taking steps to integrate digital accessibility into its legal framework.
One example of this is Assembly Bill 950. This bill establishes firm legal criteria to ensure that a business's websites provide equal access to users with disabilities. It would hold websites to the same legal standard as physical spaces.
Another attempt at digital accessibility legislation is Assembly Bill 1757. This proposal intends to formalize the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as a legal standard in California. While WCAG is globally recognized, it remains a voluntary standard. AB 1757 aims to shift that status. If passed, businesses will be legally obligated to measure their content against WCAG 2.1 and swiftly rectify any identified gaps.
All of this is to say that the state of California takes digital accessibility seriously. As such, businesses in the state need to make accessibility a top priority in their operations. With that in mind, here are key tips for businesses in California to ensure accessibility.
Tip #1: Adhere to WCAG
WCAG stands as the gold standard for digital accessibility compliance. Many developers and businesses look to WCAG to guide crafting inclusive digital experiences.
WCAG provides a comprehensive set of recommendations to ensure website accessibility. These include visual design aspects such as color contrast and consistent content structure. WCAG also covers compatibility with assistive technologies. This ensures that websites and applications can integrate with tools like screen readers.
WCAG might not be a strict legal mandate for California businesses, but the state often references it when assessing a site's ADA compliance. A notable instance is the case of Robles v. Domino's Pizza. Guillermo Robles, a blind California resident, contended that Domino's website was incompatible with his screen reader. The company's failure to adhere to WCAG guidelines became central to Robles' argument. After a lengthy court battle, Domino's settled in Robles' favor.
This case underscored the significance of WCAG in California. To sidestep potential legal complications and ensure inclusivity for all customers, California businesses should meet WCAG standards.
Tip #2: Conduct automatic and manual testing
Ensuring accessibility of a digital platform involves more than adherence to guidelines. It also requires rigorous testing. Broadly, accessibility testing falls into two categories: automated and manual.
Automated testing assesses accessibility through tools like software or browser extensions. They scan web pages for potential accessibility issues, such as missing alt text on images or inadequate color contrast. Automated tools help streamline the accessibility process and allow for checks early in the design phase.
However, accessibility encompasses a human element that automated testing might miss. That is where manual testing steps in. Manual tests involve actual users navigating a website and gauging its accessibility. This method offers insight into real user experiences, revealing challenges automated tools might overlook. Businesses can undertake manual testing by employing external services like Fable or using tactics like navigating a site with only a keyboard.
Given that California held the second-highest number of digital accessibility lawsuits in 2022, comprehensive testing is especially crucial for businesses in the state. Such testing keeps in line with California standards and helps mitigate legal risks.
Tip #3: Stay Up to Date and Proactive
Navigating the nuanced landscape of digital accessibility can be challenging, especially amid the shifting legal interpretations and pending legislation. The revisions, reinterpretations, and additions to California's digital accessibility laws reflect this.
For instance, cases like Robles v. Domino’s have set a precedent that helped establish the accessibility requirements of a business’s website. However, subsequent cases, like Martinez v. Cot’n Wash, have narrowed the application of these laws to businesses with a physical location.
These standards and their interpretations are ever in flux. As such, California businesses must stay informed and proactive. They should pay close attention to the state legislature and local news to keep abreast of digital accessibility developments.
Furthermore, businesses might consider exceeding minimum digital accessibility standards. For instance, embracing higher levels of WCAG can bolster a business against future regulations and prove a commitment to inclusivity.
Conclusion
California businesses ought not just to view accessibility through the narrow lens of compliance but to embrace it as a cornerstone of their operations. They should stay informed, be proactive, test their sites, and adhere to established guidelines. By doing so, they align with the state’s standards and pave the way for a richer, more inclusive digital future.
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