Why website accessibility matters

On May 30, 2012, the Federal Court of Appeal upheld a legally blind woman’s 2010 legal victory over the federal government, ordering the government to make its websites accessible to blind persons. It may not be a case under the Accessibility for Ontarians with Disabilities Act (AODA), but it does show us how website accessibility matters and has an impact on promoting accessibility for persons with disabilities.

The Federal Court of Appeal ruling reaffirmed that the inaccessible federal government websites violated Donna Jodhan’s constitutional equality rights under the Canadian Charter of Rights and Freedoms. More specifically, with its inaccessible websites, the federal government denied Jodhan equal access to, and benefit from, government information and services provided online to the public on the Internet, and this constituted discrimination against her on the basis of her blindness. Therefore, she has not received the equal benefit of the law without discrimination based on her physical disability and that constitutes a violation of subsection 15(1) of the Charter.

What does this ruling mean for promoting web accessibility?

This case has major implications, highlighting the importance of access to the Internet for all persons with disabilities. It also indicates that information provided in alternative formats is not necessarily sufficient, particularly if a user can’t access it in a similar time frame. If Canadians who are blind or have low vision (regardless of their ability to use a screen reader) are not offered accessible Internet content like those without a disability, they are at a disadvantage.

Chances are disability advocates and people with disabilities will continue to demand accessible information. For organizations that do not comply, expect a challenge.

In Ontario, the Information and Communication Standard under the Integrated Accessibility Standards Regulation states that websites and content will conform to the World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0 at Level A and AA, with the exclusion of live captions and descriptive audio interpretation.

Organizations in Ontario (under the AODA)—and across the country—should think about these factors:

·       Alternative formats to provide important information, with or without aid from a representative, cannot match equal rights to receive information as quickly and privately as another person when the information is readily available to the public

·       The standards are not finished, and they clearly will not make Ontario accessible by the year 2025 if new standards are not developed and released soon

·       People with disabilities do not have to wait for the AODA and standards to make equality rights a reality; that is, they may already challenge an organization or individual that they believe has discriminated against them

·       This case affects how information and communications on the Internet are delivered nationally, and is not limited to the province of Ontario

Your organization should:

1.    Train staff to produce accessible information and communications now.

2.    Beat the goal in the Integrated Accessibility Regulation and use 15 months as the time to deliver accessible Internet content.

3.    Take note, in the Integrated Accessibility Regulation, only the government is obliged to make intranet sites accessible. If your intranet sites are not accessible you may:

o   See a standard released in the next few years to correct this issue

o   Be taken to court because a person who is blind or has low vision or low mobility is not provided equal opportunity for employment and advancement at the workplace

4.    Focus on any information vital for the well-being of persons with a disability, or for providing equal opportunity. An example is your organization’s capacity to advertise work positions and receive responses in an accessible manner

5.    Focus on alternative formats that protect privacy and allow users to access information in a timely manner. In the present case, Jodhan required outside assistance to obtain information verbally or on paper. Braille is considered as the appropriate alternative format if she received information on paper. However, Braille is not the only format because there are many people who are Blind or have low vision who do not know how to read Braille. Ask the customer for the preferred method to communicate, do your best to comply and avoid a reliance on staff to relay information verbally.

6.    If your IT departments or personnel are not taking the AODA seriously, consider sensitivity-awareness training. Also, consider letting staff know this is the future of IT and if staff wants to remain relevant they will have to learn to develop accessible content with style.

Why does accessibility matter to you and your organization?

If you are interested in learning more about Accessibility for Ontarians with Disabilities Act (AODA) or how to make accessibility a natural part of your business through the application of Corporate Social Responsibility, please contact Sandra Broekhof @ 416-579-1035 or sandra_broekhof@sympatico.ca or visit www.accessibilitycompliance.ca