It Looks Pretty, Who Cares About Accessibility?

Are you an artist who values a specific look or aesthetics? Perhaps you are an expert in color psychology and know how to appeal to people's emotions and grab their attention. While we appreciate your passion for your art and self-expression, have you ever considered how your work will be received by the intended audience? In a diverse world, have you asked yourself if you are creating content that caters to everyone or if you are unintentionally isolating some individuals?

Different approaches are needed to reach different audiences. That is why we have targeted ads and custom-tailored marketing approaches. However, have you considered that different platforms may require a different approach? For example, a TV journalist may tailor their content to serve visual and auditory audiences, while a radio journalist may need to cater to those who rely heavily on their listening skills. A newspaper journalist will have to adjust their content to serve those who can only rely on what they read due to the limited space for images.

It's crucial to understand that website content requires a completely different approach from other marketing and content delivery avenues. For example, embedded text on images can keep the content from being translated. A lack of “alternate text” can prevent screen readers from delivering the message of your page to readers who are blind or low-vision. Not considering accessibility in your web content creation can have several consequences, including:

• Exclusion of a significant portion of the internet audience. One in five people in the world has a disability, meaning many potential viewers could be shut out from your content.
• Legal issues. Many countries, including the United States and the State of Illinois, have regulations regarding website accessibility, and non-compliance could lead to lawsuits or fines.
• Bad reputation. Neglecting accessibility can reflect poorly on your brand and make you seem insensitive.
• SEO impact. Search engines increasingly prioritize accessible websites, and inaccessible sites might get ranked lower.
• Loss of potential customers/engagement. People with disabilities are just as likely to be interested in your content. Excluding them means missing out on potential customers or audience engagement.
• Unequal access to information. Inaccessible websites create an information gap for people with disabilities.

The United States Department of Justice recently ruled that Title II of the Americans with Disabilities Act (ADA) requires state and local governments to make their websites accessible following the W3C’s Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, and a similar ruling that applies to public entities under Title III may not be far behind. This could result in a dramatic increase in lawsuits from individuals with disabilities who cannot access web content. While the ADA doesn't allow for monetary damages, you may be required to make your site accessible and cover the plaintiff's legal fees.

The number of lawsuits related to web accessibility is increasing, indicating that courts are more willing to find websites in violation of anti-discrimination laws. In short, accessibility is a legal requirement, and failing to consider it increases the risk of lawsuits. There have been several high-profile cases where businesses have been sued for not making their websites accessible to people with disabilities. For example, in the National Federation of the Blind v. Target Corporation case (2017), a visually impaired customer sued Target due to accessibility barriers on their website, resulting in a $6 million settlement. This case highlights the importance of web accessibility for businesses and the legal challenges they face. In Mendizabal vs Nike Inc. (2017), a deaf customer couldn't access video content on Nike's website because it lacked captions, emphasizing the need for websites to consider accessibility for people with hearing disabilities. The Conner v. Parkwood Entertainment (2019) (Beyoncé case) targeted Beyoncé's website for lacking proper alternate text and having inaccessible navigation, making it difficult for blind users to navigate the website. In the National Association of the Deaf v. Harvard University case (2015), inaccessible online courses at Harvard were challenged, resulting in a $1.5 million settlement and highlighting the importance of accessibility in educational institutions. These cases serve as a reminder that creating accessible websites is not just good practice, but also helps avoid legal trouble.

The components within AEM are specifically designed to aid in ensuring compliance. However, it is ultimately the author's responsibility to ensure that their content is accessible. Accessibility is a major priority for us, and we have a dedicated Accessibility team that works hard to provide us with useful and relevant information. We encourage everyone to install useful accessibility assistive plugins located at the Footer under "Popular Browser Plugins". While we have discussed web accessibility, we are aware that many state agencies heavily rely on PDFs and other documents. Since these files are mostly consumed through phones/computers, we also need to ensure that these items are accessibility compliant.