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In recent years, Digital Accessibility has emerged as a key topic for website compliance under the ADA. Frequent changes in regulations, challenges in implementing strategies, shortage of skilled and specifically trained web developers, among other obstacles have left companies uncertain and full of doubts. In this evolving landscape, we bring you valuable insights from two of our web accessibility specialists.
Bruce L. Adelson, Esq., is a former U.S. Department of Justice Civil Rights Division Senior Trial Attorney. Nationally recognized for his compliance expertise, Mr. Adelson teaches organizational culture, implicit bias, cultural and civil rights awareness at the Georgetown University School of Medicine and University of Pittsburgh School of Law.
Jessica Yaacoub, Director of Operations and Development at Bromberg & Associates, a Language and Technology Solutions company, holds an MBA from Gies College of Business at the University of Illinois. With double degrees in Linguistics and Computer Science from Wayne State University, she naturally gravitates toward language access applied technology development, including digital accessibility
Last November, Mr. Adelson and Ms. Yaacoub were joined by Jinny Bromberg, the founder and president of Bromberg & Associates, to discuss digital accessibility and its implications on the language industry. Below are the highlights of that webinar.
What is digital accessibility?
Jessica Yaacoub: Digital accessibility is not just another thing that the Government or the law is imposing on you. It is an essential part of access and inclusion for a substantial percentage of internet users. Accessibility is addressing the digital divide. It goes hand-in-hand with several areas, including inclusion and universal design. It presents a strong case for what every business should be doing from a legal, practical and business perspective. We all have a social responsibility to build an accessible world including the digital world. When it comes to accessibility, what may be essential for some, is actually useful for all. When you make your content accessible, you’re expanding that access to all your client base, not just people with disabilities.
Since when is web accessibility a requirement under regulation and policies from the Government and state agencies?
Bruce Adelson: If you look at the way the internet was 15 years ago, there was very little, if any, attention to making websites accessible to people with disabilities. The whole issue with website accessibility from a legal standpoint started about a decade ago with some lawsuits claiming that various websites were not accessible to people with disabilities. The number of lawsuits basically grew each year. That changed with the advent of the pandemic, when lawsuits and many other activities dropped. But the number of lawsuits has been climbing again. One interesting development that surprised me is that while there may be fewer cases in the Federal Courts, there are more cases in State courts. There may be State laws that require digital accessibility of online content. So, this continues to be a hot area for litigation, with many court decisions shaping its future.
What is WCAG? And what are the DOJ-approved requirements for websites and other digital content?
JY: The first standard for web accessibility was published in 1999 under the Web Content Accessibility Guidelines (WCAG). It’s now part of a protection by the ADA. The guidelines have been updated over time, and we’re currently at version 2.2. There are also some standards and recommendations like those from W3C (World Wide Web Consortium).
BA: The regulations the DOJ issued require compliance with WCAG 2.1 AA. By the time those regulations were released, WCAG had already introduced a higher standard, which is now up to 3.0. In just a year or so, there have been two additional versions of the guidelines. These standards are now embedded in regulatory requirements that courts look to when making decisions.
What are your predictions for 2025 related to web accessibility?
JY: What I can say about digital accessibility is that it is here to stay. I would expect enhanced legal enforcement globally, with new rules and regulations going into effect later in 2025 such as the EAA (European Accessibility Act). When it comes to technology, I expect a greater focus on mobile-first accessibility and improved accessibility for emerging technologies. I also think there will be more focus on cognitive accessibility and inclusive design while integrating greater personalization features. Lastly, I believe we will see AI making its way into accessibility with AI-powered automation tools, however, the jury will be out on the effectiveness of these tools.
What do I need to do to make my content digitally accessible?
JY: There are standards and guidelines, but there is no such thing as a set of rules or a checklist. Accessibility is a spectrum; it’s a continuous process that you’ll always be working on, because the needs of your audience vary greatly.
BA: I agree with Jessica. This is a dynamic process, with constant changes.
JY: Additionally, having an expert guiding you and helping you set accessibility goals is essential. Most web developers are not familiar with web accessibility standards at the moment. And it’s a lot easier to create a website or digital content with accessibility in mind from the start, rather than finishing that process and trying to apply accessibility standards. When accessibility is an afterthought, it takes longer, and it costs more. We recommend that when you are designing something new, make sure that accessibility is an integral part of the project. It is also important to have conversations with experts to set up an accessibility plan with realistic goals. Which is why Bromberg, as a language solution company, navigates in the accessibility space. We’ve advocated for access and accessibility for more than 25 years, and we have the experts to help you get the job done.
At Bromberg & Associates, we’ve spent decades helping companies break language barriers and advocating for access and accessibility. We provide the expertise to ensure your company meets Digital Accessibility regulations, and our team is ready to help you with an effective accessibility plan.
Reach out us today to learn how we can help your business successfully embrace digital accessibility
