8/29/2018 Digit Digital al Acces Accessibil sibility ity 101: Ho 101 : How t w to o Succe Success ssfull fully y Jumpst umpstar art t your our Pr Prog ogram am Presented by: Jonathan Avila Chief Accessibility Officer Who is s Level Acc Access? ss? The digital accessibility rock stars • We rock at digital accessibility so you don’t have to! Advisory Service Your Industry Boards Team Experts Code Our experts sit Individuals with We can dive You will have a on the advisory disabilities are into your consistent boards that craft a key part of code and fix team of it — and train accessibility our experts who laws and Accessibility your understand standards Services Team developers, your industry too 2 levelaccess.com | (800) 899-9659 | info@levelaccess.com 1
8/29/2018 Topics Digital Accessibility 101: How to Successfully Jumpstart your Program • Digital Accessibility • Overview • Risks and benefits • Discover and Inventory • Blueprint and Roadmap • Respond • Continuous Improvement • Resources • Please Note: This presentation is not legal advice. 3 levelaccess.com | (800) 899-9659 | info@levelaccess.com Di Digita tal Acc Accessibil ssibility ty Removing barriers to access by people with disabilities for digital content • Examples of digital content • Adjudications and other official electronic documents • Mobile apps • Intranet sites • Websites • Electronic training materials • Web apps • Kiosks • Documents • Other electronic devices, • Surveys and questionnaires services, and products • Social media posts • Emails • Support materials • Video 4 levelaccess.com | (800) 899-9659 | info@levelaccess.com 2
8/29/2018 A Graying Globe… People are getting older… every day, in fact! • Global population growth declining • Life expectancy is growing Pretty pictures pulled from Mary Meeker’s 2016 Internet Trends Talk. 5 levelaccess.com | (800) 899-9659 | info@levelaccess.com …that uses technology Seniors like to stay connected! • 42% of seniors now own a smartphone… “42% [of] adults ages 65 • …but that’s still half the rate of the 18 to 64 and older now report cohort owning smartphones, up from just 18% in 2013.” • Technology penetration is working its way up in ages • Drastically higher rates of use in the 65 – 74 “67% of seniors use the internet – a 55-percentage- range than the 75+ range point increase in just under • Educational attainment and two decades.” socioeconomic status vary adoption rates strongly, positively “45% of seniors under the • Device, Internet, Smartphone and Social age of 75 say they … use Media usage and penetration all correlated social networking sites, • Disability status has a material impact on compared with 20% of those ages 75 and older.” technology use Data from Pew Research Center Tech Adoption Climbs Among Older Adults 6 levelaccess.com | (800) 899-9659 | info@levelaccess.com 3
8/29/2018 Omni Omni-Cha Channel Comme Commerce • e-Commerce • Projected as 10.0% of retail sales in 2016 • Last data at 9.1% in Q3 2017 (U.S. Census Bureau) • Estimated 14.6% by 2020 • Mobile search growing across core retail and retail services categories • Retailers and retail service providers developing strategies that are • Multi-device • Integrate physical & digital experience • Multi-modal Graphic: eMarketer (2016), How People Use Their Devices (2016), U.S. Census Bureau (2017) 7 levelaccess.com | (800) 899-9659 | info@levelaccess.com Dis iscu cuss ssion: ion: Wha hat t ar are e ways ays tha that t you ou see the see the physi physica cal l an and digital d digital exp xperien erience ce mesh? mesh? 8 levelaccess.com | (800) 899-9659 | info@levelaccess.com 4
8/29/2018 Do Do you th think you are Acc Accessible? ssible? • Chances are some or most of your digital assets are not fully accessible • Some people won’t be able to access them • This poses risk when customers or trolls surf-by access the asset ? 9 levelaccess.com | (800) 899-9659 | info@levelaccess.com Perso sonas It’s about real people • Suman is blind and uses a screen reader on her mobile phone to check account balance and deposit checks • Jason has low vision and uses browser zoom to use his shopping online services • Darian has cerebral palsy and uses a head-pointer with keyboard to access online services • Sadaf is deaf and uses captions to watch videos, uses online systems and mobile deposit 10 levelaccess.com | (800) 899-9659 | info@levelaccess.com 5
8/29/2018 Di Digita tal Acc Access ss Inc Increase ses s Acc Accessibil ssibility ty • Digital access reduces real world barriers: • Transportation issues to the branch are problematic for people with disabilities • Communications and translation services needed for someone who has a speech impairment or who is deaf or hard of hearing • Mobile banking allows forms to be filled out electronically rather than using paper 11 levelaccess.com | (800) 899-9659 | info@levelaccess.com Enforcemen ment t Sta tatu tus s of th the AD ADA Americans with Disabilities Act (ADA) • Expect enforcement privately “I’ve had to explain to clients through litigation, and that just because the current administration might choose to structured negotiations dial it back, it does not mean the courts are necessarily going to • DoJ has cut back on new do the same.” – Teresa enforcement actions – Jakubowski, Partner, Barnes & continues to manage current Thornburg LLP agreements • Advocacy groups and plaintiffs bar using litigation to accomplish access • Tracking standards continue to be WCAG 2.0 A & AA – moving to WCAG 2.1 12 levelaccess.com | (800) 899-9659 | info@levelaccess.com 6
8/29/2018 Litiga tigation tion Acc Acceleration tion Americans with Disabilities Act (ADA) • ADA litigation ADA TITLE III LAWSUIT BREAKOUT continues to 14000 accelerate 12444 • Increased 210% 12000 10620 YoY in 2017 10000 9063 • Still a small 7735 8000 6601 percentage of 6000 overall ADA Title 4789 4441 4436 3296 4000 III lawsuits 2722 1945 • We expect growth 2000 814 19 57 262 15 will slow but still 0 2013 2014 2015 2016 2017 2018 2019 2020 be robust going ADA Title III Lawsuits Web Accessiblity Lawsuits forward Source: ADA Title III 13 levelaccess.com | (800) 899-9659 | info@levelaccess.com Target t Ind Industr stries Americans with Disabilities Act (ADA) • Industries with links to physical locations subject to more lawsuits • As we start to reach saturation in some industries, expect new industries to be opened Industry 3/16 10/16 1/17 8/17 Academic 2 3 6 7 Lawsuits by Industry Entertainment 1 11 14 27 400 Financial 1 2 9 17 300 Hospitality 4 12 23 57 200 Restaurant 3 45 76 186 100 Medical 0 8 9 42 0 Personal Svs 1 4 8 18 Retail 43 148 190 353 Other 0 4 8 22 Academic Entertainment Financial Hospitality Restaurant Medical Vehicle Mfr 0 7 8 13 Personal Services Retail Other Total 55 244 351 742 Vehicle Manufacturer Source: ADA Title III 14 levelaccess.com | (800) 899-9659 | info@levelaccess.com 7
8/29/2018 Gil Gil v. Winn-Di Dixie Sto tores, s, Inc Inc. Americans with Disabilities Act (ADA) • Gil visited Winn- Dixie’s “[ Winn-Dixie ] is a real cautionary tale for website in order to download businesses that think they can sit back and coupons and refill not be proactive in terms of their prescriptions remediation efforts. They can really get hit pretty hard and have a court fashion a • Gil alleged the site violates remedy for them. Even though the present the ADA administration is very clearly not going to be moving forward in this space with • Bench trial with three implementation of any type of regulations witnesses that would clarify the accessibility of websites and mobile apps, that’s not going • One week after the trial, the to stop private plaintiffs and nonprofit Court issued a decision: groups from moving forward and frankly, it might even embolden them to press ahead • Nexus concept applies – because of the lack of clarity and the website is covered conflicts in the courts right now.” • Winn-Dixie ordered to – Nicole Sieb Smith, Partner, Rumberger Kirk & Caldwell remediate its website to comply with WCAG 2.0 15 levelaccess.com | (800) 899-9659 | info@levelaccess.com Sta tate te of th the Law Americans with Disabilities Act (ADA) • Different judges, “…all we have are largely fact -specific different cases, different decisions by federal district courts, rulings which are not binding on anyone else.” – Donald Brown, Partner, Manatt, • Slim on precedence, Phelps, & Phillips LLP principally fact-based • Vast majority of cases settle “Each time a new [case] comes out, whichever side you’re on, you’re going • A few cases on appeal to point to it and say that’s good news. Ultimately, cases are still coming down different ways depending on the judge.” – Kristina Launey, Partner, Seyfarth Shaw LLP 16 levelaccess.com | (800) 899-9659 | info@levelaccess.com 8
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