Legal Insights
This segment will address legal and policy questions that businesses and others face as they undertake their accessibility journeys. Topics to be covered in 2023:
- Summary of Applicable Laws Around the World
- ADA Coverage: Does “Place” Matter? What is Effective?
- Litigation Risk and Response
- Getting Started: Priorities and Plans
- Getting Your Vendors On Board
- The Importance of Bottlenecks
- In the Meantime: Alternative Means of Access
Summary of Applicable Digital Accessibility Laws Around the World
ADA Coverage: Does Place Matter? What is Effective?
Title III of the Americans with Disabilities Act (ADA) covers “places of public accommodation.” Public accommodations are 12 broad categories of businesses that are open to the public. Clearly, online-only stores and service providers are public accommodations. But are they “places?” And if a public accommodation has a website, is its website required to be accessible?
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Section 508 Comes to the Forefront
February 2023 was a big month for Section 508 of the Rehabilitation Act. After congressional hearings and a damning report from Senator Casey’s office, on February 21, 2023, the U.S. Department of Justice (DOJ) released its long-awaited report on Section 508 compliance by federal agencies. Meanwhile, on February 17, 2023, the U.S. Court of Appeals for the D.C. Circuit held that federal employees can sue to enforce Section 508 when the technology they need to use for their jobs is inaccessible.
Legal and policy questions in the United States
Americans with Disabilities Act (1990)
Covers:
Title II – State and Local Government Programs
Title III – Public Accommodations (12 categories)
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Legal and policy questions in Canada
Accessible Canada Act (2019)
Covers information and communication technology of government agencies, banks, federal transportation, and broadcasting and telecommunications
Sets WCAG 2.0 Level AA compliance as the standard
Legal and policy questions in the European Union
European Web Accessibility Directive (EU 2016/2102)
EN 301 549 digital accessibility standard – Adopts WCAG 2.1 Level AA
Requires EU and member countries to adopt the standard for public sector accessibility
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Legal and policy questions in Australia
Disability Discrimination Act (1992)
Requires reasonable access to online information and services
Australian Human Rights Commission guidance recommends WCAG 2.0 Level AA
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Legal and policy questions in Israel
Equal Rights of Persons with Disabilities Act, Israel Standard 5568 (2017)
Applies to public entities and private organizations that offer public services
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