Global Digital Accessibility

Purpose

Title II of the ADA provides that no qualified person with a disability shall, by reason of such disability, be excluded from participation in or denied the benefits of the services, programs, or activities of a State or local government entity. Public entities covered are required to use, develop, procure, and maintain accessible IT.

The Department of Justice (US DOJ) made amendments to Title II of the ADA that went into effect June 24, 2024.

Impact

Non-compliance could result in removal of inaccessible IT. Costs include damages for a complainant. If an investigation shows additional people with disabilities were discriminated against, the damages can increase exponentially. This can be in the form of back pay, job promotions where opportunities were lost, tuition refunds, and more.

Deadline

Any inaccessible IT must be remediated or removed from public entity services by April 24, 2026.

Coverage

This new rule covers State and local governments, which includes public universities, in providing digital accessibility.

Scope of ICT

• Web content and mobile applications, with some narrowly defined exceptions
• ADA Title II does not override any other federal or State laws and regulations that provide same or better technical accessibility standards for the ICT in or out of this scope*

* Since 1991, ADA has required public entities to:

• ensure equal access
• ensure effective communication
• make reasonable modifications to avoid discrimination on the basis of disability

Public entities must provide a route for people with disabilities to report issues, provide feedback, and request accommodations (e.g., email, web form, website). Then review the requests, provide transparent status updates, and provide accommodations promptly.

Technical Accessibility Standards

WCAG 2.1 Level A and Level AA

Sources

• ADA Subpart H—Web and Mobile Accessibility

Office of Public Affairs, US DOJ

• Fact Sheet: New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments
• Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities in the Federal Register
• Guidance from the US DOJ

Purpose

Section 504 of the Rehabilitation Act of 1973 protects the rights of people with disabilities in programs and activities that receive federal financial assistance. Section 504 protects the rights not only of people with visible disabilities but also those with disabilities that may not be apparent.

The Office for Civil Rights (OCR) through the Department of Health and Human Services (HHS) made amendments to Section 504 that went into effect July 8, 2024.

Impact

Non-compliance could result in removal of inaccessible IT. Costs include damages for a complainant(s) as described for violations of the ADA. The federal agency providing funding can halt funds to the entity. For universities, this can affect financial aid and research grants.

Deadline

Any inaccessible IT must be remediated or removed from entity services by May 11, 2026.

Coverage

This new rule covers any entity federally funded by HHS, which can include public universities and health centers, in providing digital accessibility.

Scope of ICT

• Web content, mobile applications, and kiosks, with some narrowly defined exceptions
• Section 504 does not override any other federal or State laws and regulations that provide same or better technical accessibility standards for the ICT in or out of this scope

Section 504 aligns with ADA except for the inclusion of kiosks and the exclusion of any entity not funded by HHS. Like ADA, Section 504 has always provided protections for people with disabilities. The Department of Education's OCR investigates and audits educational institutions under the original ruling, until they provide their own amendments. They also assist with ADA investigations and audits.

Technical Accessibility Standards

WCAG 2.1 Level A and Level AA

Sources

• Section 504 § 104.4 Discrimination prohibited
• Section 504 § 104.6 Remedial action, voluntary action, and self-evaluation
• Section 504 § 104.7 Designation of responsible employee and adoption of grievance procedures
• Section 504 § 104.8 Notice
• Section 504 § 104.10 Effect of state or local law or other requirements and effect of employment opportunities
• Section 504 Subpart B—Employment Practices
• Section 504 § 104.21 Discrimination prohibited

Purpose

Colorado's HB21-1110 makes it a state civil rights violation for a government agency to exclude people with disabilities from receiving services or benefits because of lack of accessibility.

Impact

Any Colorado government entity that doesn't meet Colorado Office of Information Technology's (OIT) web accessibility standards could be subject to injunctive relief, meaning a court order to fix the problem; actual monetary damages; or a fine of $3,500 payable to the plaintiff, who must be someone from the disability community.

Deadline

All Colorado state agencies and local governments must be compliant with Colorado state standards by July 1, 2024.

Coverage

Colorado's HB21-1110 covers platform providers and content owners, including Colorado state agencies and local governments, such as state institutions of higher education.

Scope of ICT

It relates to all technology, hardware, and software, that is both public-facing and internal-facing. This includes any technology provided by or procured by a government entity that is used by the public or used by a government entity employee. This technology includes but is not limited to websites, applications, kiosks, digital signage, documents, video, audio, and third-party tools.

Technical Accessibility Standards

• Non-Hardware: WCAG 2.1 Level A and Level AA
• Hardware: OIT's Technical Standard (TS-OEA-001) and Chapter 4 of Information and Communication Technology, Revised 508 Standards and 255 Guidelines

Sources

• Colorado Governor's Office of Information Technology HB21-1110 FAQs
• Colorado Governor's Office of Information Technology Technology Accessibility Rules
• Plain Language Guide to the Colorado State Technology Accessibility Rules

Purpose

The European Accessibility Act improves the market in the European Union (EU) for accessible IT products and services. It provides businesses with common rules to reduce confusion and costs. It provides people with disabilities with improved access to transportation, education, and jobs.

Impact

Penalties depend on the EU member's specific legislation.

• Fines ranging from 20,000 euros to 5% of a company's annual global turnover
• Ireland’s S.I. No. 636/2023: 
  • (a) on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or 
  • (b) on conviction on indictment to a fine not exceeding €60,000 or to imprisonment for a term not exceeding 18 months or to both.
• Removal of the inaccessible IT from the market

Deadline

Any inaccessible IT must be remediated or removed from the EU market starting June 28, 2025.

Coverage

Any company that does business with citizens of the EU.

Scope of ICT

• Computer devices, software, mobile applications, websites, and electronic documents mainly towards consumers, excluding online navigational maps and terminals installed as integrated parts of vehicles, aircrafts, ships, and rolling stock (Chapter I, Article 2, Directive (EU) 2019/882)
• EAA does not override any other laws and regulations that provide same or better technical accessibility standards for the ICT in or out of this scope

Technical Accessibility Standards

• EN 301 549 [PDF]*
• WCAG 2.1 Level A and Level AA

*EN 301 549 is being updated to support the EAA. That version is expected to come out in 2025. Note that WCAG 2.1 success criteria are referenced across the technical accessibility standards but standards are not limited to WCAG 2.1 success criteria. (Annex I, Directive (EU) 2019/882)

Sources

• Directive (EU) 2019/882 on the accessibility requirements for products and services
• National transposition measures communicated by the Member States concerning Directive (EU) 2019/882
• Directive (EU) 2016/2102 on the accessibility of the websites and mobile applications of public sector bodies
• Directive (EU) 2014/24 on public procurement and repealing Directive 2004/18/EC Text with EEA relevance
• EN 301 549 V3 the harmonized European Standard for ICT Accessibility